Council revisits vacant building debate

It was back in June that Gladewater Mayor Brandy Flanagan first publicly aired her concerns about the number of vacant commercial buildings languishing throughout Gladewater.
Five months and many discussions later, the relevant municipal codes have been reassessed, refined and, finally, reviewed by the city’s attorney. The sweeping code update is poised for council consideration during their regularly-scheduled monthly meeting Thursday.
The key tasks are to define which buildings (commercial) will be considered vacant (according to a variety of criteria) and how owners will be required to register them (for a fee), secure them (in coordination with the city), protect them (with insurance) and maintain them (per international property codes).
The sprawling proposal compromises about one-third of the council’s packet for the month’s agenda and is likely to draw comments from the elected officials and audience members during an already-packed evening meeting.
In addition to routine items, the posting for Nov. 21 includes a series of public hearings and votes tied to numerous rezoning requests throughout the city, ranging from a proposed ‘package store’ at 2179 N. Main to a residential change at 118 S. Center.
The council is set for action on state funding for local sewer system improvements along with consideration of a healthy consent agenda (items typically voted on as a group with no discussion) cover an engagement letter for the city audit, engineering for the Lake Gladewater Public Boating Area, approval of the Gregg County Hazard Mitigation plan and more.
In an executive (closed) session, council members will discuss ‘implementation of security personnel or devices,’ an update on a lawsuit involving the municipality, an economic development negotiation, the ballpark and the Water Plant Supervisor. Potential action on the first four items will take place in open session; none is anticipated on the final personnel item.
Regarding the vacant building ordinance, a key section of the code update refines the definition of a ‘Vacant Building’ to mean “any building or structure that is unoccupied or is occupied by a person without a legal right of occupancy. Multi-tenant buildings will be considered vacant if 75% of the total floor area of the building is unoccupied or occupied by a person without a legal right of occupancy. There is a presumption of vacancy if all lawful uses in the buildings or structures have ceased… for more than 90 days…”
Among other criteria, a building will be considered vacant if it has an inactive city utility account, is used solely for personal or business storage or has been actively listed for sale for a minimum of 90 days.
Among other related code changes, the proposed language refines the requirement for commercial general liability insurance coverage, strikes language limiting the ordinance to the Main Street area, ensures an initial registration fee of $150 is paid for the first year of vacancy and incorporates the Fire Marshal into the overall process alongside the city’s Building Official.
Find more details in the council’s agenda packet, available for download here.

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