By Pat Fain and Leslie Agron
In Nimes, France, there is a 2,000-year-old Roman coliseum. For 500 years in the Middle Ages, thousands of people lived their lives within the walls of the coliseum, and in modern times it has hosted rock concerts and safely seated nearly 15,000 people.
Yet at less than 75 years of age, Oak Ridge has the blight. Woolly housing adelgids, no doubt.
The first task in solving a problem, of course, is to identify the problem followed by a list of symptoms: a typical Western medical model. The problem appears to be a plethora of ugly old houses with yards full of junk. The symptoms are high grass, peeling paint, toilets planted with flowers, moss growing on rooftops, small yards, no off-street parking, too many kids getting on school buses in the morning (we already got rid of the junked cars) and residents with bad teeth. The solution therefore follows that declaring these homes blighted and tearing them down will cure the problem. All the woolly housing adelgids will move to Clinton.
So it is with “blight.†Finally the question remains: How can a word that is not defined in state law or city code and has as many meanings as it has people saying the word be used as a standard for anything? As in “Through the Looking Glass”:
“When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean—neither more nor less.”
“The question is,” said Alice, “whether you can make words mean so many different things.â€
If we are ever to have a coherent policy concerning the question of how to best use and preserve the character of the city and its history, then we must move past the power games; discuss in realistic terms the past, present, and future of the city; factor in the economic potential of strategic revitalization; start to view code enforcement as a useful tool, not a sledge hammer; and include all stakeholders in the conversation.
Not only is there no definition of “blight,†there is no survey of blighted houses—an impossibility without a definition. Following this exercise in the absurd, the city continues to demolish “blighted†houses, making up their own definition in each instance. With no definition or survey we are just left with the woolly housing adelgids.
Major assets of the city have the blight! Perhaps, yoga, tai chi, acupuncture, or a séance is called for.
Pat Fain and Leslie Agron are Oak Ridge residents and columnists.
Charlie Jernigan says
It is unfortunate that this letter is based directly on either falsehood or ignorance. There is a nice working definition of blight in Tennessee law which I will quote in a bit. The real question is why do these authors including the one who happens to be a lawyer persist in spreading such falsehoods and making unfounded conjecture based on them. Their whole argument is based on the claim that blight, in terms of housing here in Tennessee, is whatever the claimant wishes it to be.
This is the definition of blight, taken from the Tenn. Code Ann. § 13-21-202:
13-21-202. Part definitions.
As used in this part, unless the context otherwise requires:
(1) (A) “Blighted” or “deteriorated” property means any vacant structure or vacant or unimproved lot or parcel, whether residential, commercial or industrial, in a predominantly built-up neighborhood:
(i) Which because of physical condition or use is regarded as a public nuisance at common law or has been declared a public nuisance in accordance with local housing, building, plumbing, fire or related codes;
(ii) Which because of physical condition, use or occupancy is considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures;
(iii) Which, because it is dilapidated, unsanitary, unsafe, vermin-infested or lacking in the facilities and equipment required by the housing code of the municipality, has been designated by the appropriate agency or department responsible for enforcement of the code as unfit for human habitation;
(iv) Which is a fire hazard, or is otherwise dangerous to the safety of persons or property;
(v) From which the utilities, plumbing, heating, sewerage or other facilities have been disconnected, destroyed, removed, or rendered ineffective so that the property is unfit for its intended use;
(vi) Which by reason of neglect or lack of maintenance has become a place for accumulation of trash and debris, or a haven for rodents or other vermin;
(vii) Which has been tax delinquent for a period of at least three (3) years; or
(viii) Which has not been rehabilitated within the time constraints placed upon the owner by the appropriate code enforcement agency;
Perhaps the authors are just confused. Blight is not arbitrary; it is insidious. I do not know why they support it so…
CK says
Thanks for that explanation !
John Huotari says
CK,
Please remember to use your last name also.
Thank you,
John
CK says
Curt Kelsey,
OK John Not doing that intentionally ,it just comes up that way and I forget to fix it
John Huotari says
Thank you. Some people know who you are, but some don’t. Also, we want to be consistent in asking everyone to follow the same guidelines.
Kelly Callison says
While its not a perfect definition the Housing Authority legislation does define it as: Tenn. Code Ann. § 13-20-118
13-20-201. Blighted areas and dilapidation defined.
(a) “Blighted areas” are areas, including slum areas, with buildings or improvements that, by reason of dilapidation, obsolescence, overcrowding, lack of ventilation, light and sanitary facilities, deleterious land use, or any combination of these or other factors, are detrimental to the safety, health, morals, or welfare of the community. “Welfare of the community” does not include solely a loss of property value to surrounding properties, nor does it include the need for increased tax revenues. Under no circumstance shall land used predominantly in the production of agriculture, as defined by § 1-3-105, be considered a blighted area.
(b) As used in this chapter, “dilapidation” means extreme deterioration and decay due to lack of repairs to and care of the area.
HISTORY: Acts 1945, ch. 114, § 2; C. Supp. 1950,
§ 3647.29N (Williams, § 3647.53); T.C.A. (orig. ed.), § 13-813; Acts 1982, ch.
816, § 1; 2006, ch. 863, §§ 2, 14.
Other areas have more to say about the subject like:
(1) “Blighted property” means those commercial or residential premises, including lots, which have been declared vacant, uninhabitable, and hazardous by an administrative board. Such premises may include premises which, because of their physical condition, are considered hazardous to persons or property, have been declared or certified blighted, and have been declared to be a public nuisance.
(2) “Housing violations” means only those conditions in privately owned structures which are determined to constitute a threat or danger to the public health, safety, and welfare or to the environment.
(3) “Public nuisance” means any garage, shed, barn, house, building, or structure, that by reason of the condition in which it is permitted to remain, may endanger the health, life, limb, or property of any person, or cause any hurt, harm, damages, injury, or loss to any person in any one or more of the following conditions:
(a) The property is dilapidated, decayed, unsafe, or unsanitary, is detrimental to health, morals, safety, public welfare, and the well-being of the community, endangers life or property, or is conducive to ill health, delinquency, and crime.
(b) The property is a fire hazard.
(c) The conditions present on the property and its surrounding grounds are not reasonably or adequately maintained, thereby causing deterioration and creating a blighting influence or condition on nearby properties and thereby depreciating the value, use, and enjoyment to such an extent that it is harmful to the public health, welfare, morals, safety, and the economic stability of the area, community, or
neighborhood in which such public nuisance is located. (not necessarily allowed under TN code)
Denny Phillips says
The authors may be confused by how the COR cherry picks its “blight”.
“Blight” is probably more accurately defined in Oak Ridge as “any piece if property deemed to house a politically weak occupant that other politically powerful occupants need for land development projects”.
Pat Fain says
Charlie and Kelly, just because there are lots of words in statute does not mean that we have an enforceable definition. Reference all the decisions in the Levitt cases. The city keeps losing because of poorly written, vague and unenforceable definitions when taken before a judge.
Denny is right. Those too poor to go to court get their property demolished. I have heard reasons given such as “the electricity was turned off” ; “the water was turned off”; “to make more open space”… if we had a coherent city policy with lots of safeguards of rights, we could come closer to having a chance against a good lawyer. If we had a community program to help homeowners who are poor keep their property in good repair, we would seldom need to bulldoze a property.
There are other ways to keep the city in good repair. The apparent inconsistency of code enforcement is real because the law is largely unenforceable for vagueness and lots of words do not solve that problem, but make it just more so. Thus those who are or can afford good lawyers, delay enforcement and cost the city lots of money. This is not a problem of uninforcement of law, it is a problem of coherent and consistent community policy.
I spent 18 years as a lobbyist and wrote lots of legislation that became law. The statutes you cited are a bad joke in the hands of a tenacious lawyer. Again, read the Levitt decisions.
Charlie Jernigan says
I appreciate your acknowledgement that blight is defined in Tennessee law. Your claim that it is unenforceable would surprise a lot of people. As you must know Tennessee is not a home rule state. All a city can do is what is granted by the state. Because of this the base policy for all Tennessee cities is to follow state law.
Shelby County (Memphis) does a great job with the same state law that we have. They have a community oriented Environmental Court that hears these kind of complaints. In addition, that perform targeted sweeps of sections of town to find and remediate code infractions including a session of the court in the area. It clearly is enforceable.
Why have we had problems with Levitt? Same reasons that Knoxville has problems with him. Why can’t we do as good a job as Memphis? Mostly it’s a problem of scale. We don’t have the budget or personnel to routinely organize these kinds of sweeps nor the judicial support to correct missing information in complaints before they reach the appellate level..
Another aspect of code enforcement in Oak Ridge is that for years it may not have happened effectively or fairly or consistently or… perhaps even at all. And now that it is starting to be enforced, we hear these kinds of complaints that you listed. My question for each of these would start off by asking, “Why did you not take care of the problem?” Just because one might believe that these laws were not effectively enforced in the past, does not grant a license to ignore them.
Here are my foundation beliefs on this subject. Since we live in a city, we can affect our neighbors in a detrimental way. This includes maintaining an unhealthy or unsafe place. I also believe that poor people do not deserve to live in an unhealthy or unsafe place. Therefore we, all of us, are subject to a more restrictive life than rural residents. If one does not or can not abide by those restrictions, they are subject to legal complaint.
By and large, the people most directly affected by this process are not the poor since they tend to be renters and are the victims of their landlords’ neglect not the legal correction of that neglect.
Shelby County also has a land bank that promotes putting property that it holds back on the tax rolls. Your wish for more effective local policy is at odds with your apparent fear of land bank operations. Check out the law that enables our land bank, Tenn. Code Ann. § 13-30. It provides for direct control of land bank decision policies by the city council. In other words, the enabling of the land bank should be the vehicle for the city council to develop the necessary policies to operate the land bank and to continue to review their implementation.
And finally there is an undercurrent in your letters that seems to say, “Let’s conserve our WWII heritage homes.” I say, “Great! Go ahead and do it, but don’t count on the city to fund it.” Why, because we can’t afford to. We can’t afford to replace the role of private investment. Nor should we.
What we can and should do is enforce the law to make our community safe.
My offer still applies to talk with anyone who wishes to know more.
Trina Baughn says
Mr. Jernigan,
Your position seems to be very rigid. The only answer you are interested in involves confiscating private property. Your statement that we can’t afford to assist individual owners is not true. We get a lot of CDBG grant money (and yes, I will be exploring just how much very soon). So far, all
that we’ve used it for is to raze homes. Kingston recently received a $500K grant. They don’t plan to use it to destroy; on the contrary, they will be providing it to individual home owners in an effort to address the very same issues we face. One has to wonder why we can’t follow their example.
I’ve listened to your presentations on the land bank and I understand why people are concerned. In one presentation to council a year or so ago, you started off on the premise that blighted homes suppress city revenue. Yet, you concluded with a suggestion that some of the “land banked†property might be turned into community gardens. Do you see the contradiction in your proposal?
In that same meeting, you were asked what it was that the land bank might provide that we do not already have. Your response was unnerving but, from your comments today, remains true to your intent. You said that it gave the city government “more control.†I don’t recall you providing any other new benefit. Was there one?
Finally, your efforts to take control of the OR Housing
Authority board on which you sit by trying to get Mr. Callison elected to this 5 person board were unsuccessful, I believe, because enough of us council members were concerned about the implications of unseating members who’d been
highly effective and efficient in their roles without justification. Personally, I became very concerned when I was told that this particular board is one of the very few agencies that possess some unique authority with regards to declaring
imminent domain.
In a town ripe with the appearance of conflict of interest, especially in the property game, now do you better understand why people might be concerned about you and your land bank?
With all of that said, I do appreciate your increased
willingness these days to openly engage in online discourse. I look forward to your response.
Charlie Jernigan says
Trina, thanks for your interest in this matter. I am surprised that you have missed the underlying facts that contradict your positions since you portray yourself as a person who does her homework. I will briefly try to cover them here, but perhaps I will get the opportunity to discuss this with the city council at a work session in the future where I can address your individual questions.
First, Eminent Domain. There are two local organizations under state law that have that power. Cities and Housing Authorities. It makes sense that a land bank be attached to one or the other in order to help get properties acquired that way back on the tax rolls. I personally have advocated that the land bank be attached to the city because many blighted properties have passed through the tax foreclosure, and a city can, through an inter-governmental agreement, tap into that process to help interrupt that decline.
Second, the Oak Ridge Housing Authority. My interest in the housing authority stems less from it being a possible home for the land bank, but more from the realization that, while it does an excellent job of managing its HUD funded housing, it does not even attempt to tackle the other tasks the city expects in terms of advising and commenting on general housing issues in the city. We are making progress in that regard
Johnny Jefferson says
Mr. Jernigan, when was the last time you visited Memphis? Memphis has some of the worst run down neighborhoods in the entire country, much less the state. They also have one of the highest crime rates in the country. Again, your information is totally false and based on complete ignorance. Anyone with any common sense at all knows it’s cheaper to paint a house and make a few repairs than it is for a city to tear down a house at a cost of $40,000 or more. This city can’t afford that, just like it can’t afford to spend it’s way of debt. Debt that is from the the poor decisions that city leaders has made in the past. It’s easy to see that you will not be pleased until Oak Ridge gets rid of ALL the poor people, LOL. At least the people you that you have perceived as being poor. You must really be a very miserable old man who can’t find anything to do but complain. Why don’t you do everyone in this town a favor and move to Farragut? I think you would fit right in. Oops, I almost forgot, Farragut does have a trailer park and I’m sure after you have lived their a while you would be wanting to tear that down too.
Charlie Jernigan says
Johnny, Johnny, Johnny. I love these factless posts. At least we don’t have to worry about the Commies today.
The one fact that you cited was the cost of razing a house. Razing a house like the ones that Oak Ridge dealt with in 2012 was more like $15,000 apiece not $40,000. And please explain how a little paint can repair the severe fire damage one of those houses suffered.
As for Memphis, we can agree that they have a much worse problem than we do. But here is a real fact for you. The Shelby County Land Bank has almost 4 thousand properties, that were once blighted and are now stable and are available for purchase. Check the web.
While you are learning that Google is your friend, check out the Shelby County Environment Court and Judge Potter. More facts,
And before you break your computer in frustration search for: memphis neighborhood code enforcement sweep
Read it and weep.
But riddle me this, why is it so important that your world be the way you want it rather that the way it is? That is a trend in each of these messages that I have replied to. Every one of them wants to paint the world unjustly.
And finally, just to remind everyone, land banks nationwide supply more property to Habitat for Humanity than anyone else. This includes properties that were cleared because the cost of repair far exceeded its value and homes that only needed moderate repair before turning them over to a new family.
Johnny Jefferson says
Even if the so called “land bank” in Oak Ridge gives millions or even thousands to the Habitat for Humanity or ADFC here in O.R. (which isn’t going to happen) what good does it do if the money can’t be used to refurbish homes in the Highland View area?? Why is ADFC going to help refurbish homes in Woodland area and not where it is needed the most, like in the Highland View area? If you take the time to read what I wrote above you will find your answer. Do you think that’s meaningless too? How many times have you personally offered to help those who are less fortunate than you are with home repairs in Oak Ridge? It would be nice if we could count on the Habitat for Humanity or ADFC to help everyone out so you wouldn’t have to get your dainty little hands dirty wouldn’t it? But the ADFC is too busy helping out the mayor of snob town’s neighborhood in Woodland. (Over all, I think that ADFC is a good organization by the way).
Your right, we don’t have to worry about the communist today. We only have to worry the corrupt city government here in Oak Ridge:
http://www.thenewspaper.com/news/32/3282.asp
Yes, it would take more than a little bit of paint to repair one of the houses that was burnt down. I never said anything about “that” house. Personally, I think the city of Oak Ridge should tear down ALL of the the Applewood Apartments too. But that’s not going to happen. Do you know why? Because the Applewood apartments are owned by a lawyer that has too much political pull in this state, that’s why. But we are talking about people’s homes, people’s lives, not apartments. The point I’m trying to make is that it would be a lot cheaper to repair some of the run down houses in Oak Ridge (the ones that “CAN BE” repaired) then it would be to tear them down.
It’s ludacrus to compare the city of Oak Ridge to the run down, high crime city of Memphis. Why would anyone want to? Why would anyone in Oak Ridge like to see our city become more like Memphis, which has one of the highest crimes rates in the USA? It still has more slums and run down neighborhoods than any other city in the state. So what ever this “land bank” is doing……it sure hasn’t changed the facts. Why don’t you go for a walk about 2:00 AM in one of these neighborhoods inside Memphis and write a report the next day about how safe it is? LOL. Why not compare Oak Ridge to one of the GROWING cities in the surrounding area? Like Maryville, Lenior City, Chattanooga or even Knoxville? (Knoxville by the way has the lowest unemployment rate than any other large metro city in the state). And last but not least, if you don’t like the guest columns by Pat Fain and Leslie Agron then don’t read them. I think most people in Oak Ridge love their columns.
Charlie Jernigan says
Johnny or whoever you are… I’m not sure I understand why you care. You will never get any assistance for your Highland View home since you don’t own any property in Oak Ridge, or Anderson County.
That being said, as usual, you have it exactly backwards. ADFAC is doing this as a pilot program in Oak Ridge in Woodland since recent redevelopment has raised the average property value in Woodland too high to qualify the neighborhood for some assistance. If it is successful, it will be extended around the city.
But of course it is a volunteer program, neighbors helping neighbors. This is not something that would interest you.
Johnny Jefferson says
Again your wrong on all accounts. 1st, I never said I did own property in Anderson County and I never said I didn’t. It’s surprising that you would go through the trouble to try to find my property……and it’s also scary, LOL. Do you go through the trouble of doing that for everyone that disagrees with you? LOL. 2nd, I haven’t asked for any assistance for my home, because I don’t need any. However, I do have friends who live in that area and all over Oak Ridge, that’s why I’m standing up for them. 3rd, I’m so glad you asked “why should I care”. Because unlike you I care about those who are less fortunate than I am. I have helped out the poor. Proverbs 19:17 (NLT) “If you help the poor, you are lending to the LORD–and he will repay you!” Unlike you I have volunteered with the Habitat for Humanity to build homes in Oak Ridge, Anderson County and Knox. County.
For some reason you still can’t answer the following:
1). How many times have you personally offered to help those who are less fortunate than you are with home repairs in Oak Ridge?
2). Why not compare Oak Ridge to one of the GROWING cities in the
surrounding area? Like Maryville, Lenior City, Chattanooga or even
Knoxville?
3). Why don’t you go for a walk about 2:00 AM in one of these neighborhoods
inside Memphis and write a report the next day about how safe it is?
4). If you don’t like the guest columns by Pat Fain and Leslie Agron then why do you read them? You seem to be so angry with them (which is kind of funny, have you looked up their property too)? Why do you read it? Or do you just enjoy criticizing other people when they have a different opinion than you do? Like I said before, if you don’t like the guest columns by Pat Fain and Leslie Agron
don’t read them. (You sure can’t seem to handle it when the tables are turned and people criticize you. How does it feel)? I think most people in Oak Ridge love their columns.
Denny Phillips says
Well said Mr. Jefferson.
I was commenting on another story about Mr. Jernigan’s efforts at intimidation here. Hardly seems appropriate behavior for a public official.
Charlie Jernigan says
Thanks for your purported volunteering, although it seems at odds with your fear of Commies and of the democratically elected government of Oak Ridge and its duly selected mayor.
While I remain doubtful of your person, I do appreciate those of us who do volunteer. The kind of project you describe helps a family at a time. I have my sights set higher and I am sure you agree that both are necessary.
Sam Hopwood says
Blight is like pornography, you know it when you see it….. If you have common sense
Trina Baughn says
True. But, and perhaps of greater importance, who knows a woolly adelgid when they see it?
Charlie Jernigan says
I want to know who can pronounce adelgid?
Ellen Smith says
“Uh-DELL-jid”
Denny Phillips says
Has the COR offered the same tax incentives to Levitt to repair/rebuild that Applewood Apartments that it has said Huff Management Company are “strong candidates” to receive?
It seems to me the COR is eager to offer tax incentives to outside corporations that have never contributed a dime to the community and yet greet existing tax payers with lawsuits and threats at great expense to the COR coffers.
Denny Phillips says
On a brighter note, if we destroy every structure in the city and bring outside development companies in, Oak Ridge could become a property tax free city, as every new structure would come with its own tax abatement.
Of course this would create funding problems, but creative restructuring could help limit the impact. For instance we could simply stamp each building permit with “Certified Tax Free for Twenty Years or Until Demilition” and be able to lay off the employees in the property assessors and trustees office.
Ellen Smith says
I believe (but I’m not 100% sure) that the tax incentives that Huff Management is seeking are federal tax credits, not city incentives. There are tax credits for rental properties that rent to “income-qualified” tenants. The apartments that replaced some other Applewood buldings at the northwest corner of Hillside and Highland were built with the help of those tax credits. At the time those apartments were built, the east side of Highland wasn’t eligible for federal tax credits because it’s in a census tract that didn’t meet the federal government’s income qualifications for these tax credits. New census data may have changed that situation.
Denny Phillips says
Thank you Ellen.
John Huotari says
That’s my understanding as well. It seems, based on the letter that Mark Watson sent out, that Huff Management may have to apply for the tax credits through the Tennessee Housing Development Agency.
Aaron Wells says
John, who is CK? I thought we were supposed to post on your blogs with our names not unidentifiable initials.
John Huotari says
CK Kelsey. I’ve reminded him to use him last name also. He has previously identified himself, but hasn’t used his last name in his last few comments. I’ll send him an e-mail reminder also.
Johnny Jefferson says
Great column, and it’s light hearted look and snobby people in Oak Ridge is 100% accurate. In the Communist City of Oak Ridge the word “Blighted” is defined by the snobby, wealthy, nose in the air crowd to be used against anyone who makes less than 50,000 a year and is deemed “inferior” because of lack of money, having a nice car or having the “right social connections”. Have you ever wondered why in most cases, it refers to houses in the Highland View area and not in the Woodland area? That’s easy to answer, it’s because the mayor of snob town owns property in Woodland, that’s why. The organization ADFC is helping out with the families in the run down houses in Woodland, but NOT with the families in Highland View. Do you know why? Because the mayor of snob town owns property in Woodland and he doesn’t own property in the Highland view area. http://www.adfac.org/. If a wealthy person owns a run down house in Oak Ridge it’s a legacy home. If a poor person or someone without the wealthy contacts owns a run down house in Oak Ridge it’s “blighted” or a “eye sore. The same can be said about the red light cameras. A lot of people speed on the road in front of Jefferson Middle School but you will NEVER see a red light or speeding camera in Emory Valley, why?
Why is it ok to have poor people living in less than desirable housing in Maryville, Knoxville, Clinton or Lenior City and not have them in the Communist City of Oak Ridge?
TJ garland says
There is talk at the local coffee spot that Beehan is advertising on Channel 12 to help the Kroger developers sell the houses to be moved. Can someone confirm or deny this?
After all, he said he had erected a Chinese wall between his real estate business and the development.
Charlie Jernigan says
Sure, the talk at the barber shop yesterday did not include that topic so it can’t be true.
John Huotari says
It has been my impression that the city has previously supported using the Highland View programs in other neighborhoods if the programs worked well in Highland View. I don’t know if that is still the case.
The city has considered taking action against other properties in neighborhoods outside Highland View, including Woodland and Scarboro. See, for example, this story: http://oakridgetoday.com/2012/10/12/board-orders-home-demolition-clean-up/
TJ Garland says
Correction John–OR is probably the most Fascist in Tennessee- and is becoming more so every year. Fascism is defined as public/private partnerships.
Jarnigan’s land bank is an offshoot of the UN Agenda 21 nightmare –
Just like PlanET.
It is a socialist’s dream.
Charlie Jernigan says
Sorry TJ, you cannot have it both ways. One cannot be fascist and communist at the same time.
Besides by your definition all one has to do to be fascist is a bit of outsourcing and tax breaks for the corporate wealthy. I think everyone who participated in WWII would disagree.
And finally, land banks in this country predate the Rio conference that initially defined Agenda 21 by almost 30 years.
FYI, Agenda 21 targets helping the third world countries develop the same kind of public planning that the more developed countries have used for decades. Besides since it is non-binding and voluntary it should not be feared any more than the Pledge of Allegiance which is also non-binding and voluntary.