Council in bind on derelict buildings

UGLY PROBLEM: A bylaw to enforce action against landlords of Featherston's dilapidated buildings would be legally challenging, says a report to South Wairarapa District Council.PHOTO/FILE.

South Wairarapa people would strongly support a bylaw designed to deal with derelict and unoccupied commercial buildings but introducing one could not be relied on to fix the problem.

This is according to South Wairarapa District Council Planning and Environment manager Murray Buchanan, who has prepared a report for the council to consider at its meeting tomorrow.

The condition of several commercial buildings, mostly in Featherston, has rankled many people for years not only because of their dilapidated state and the image they present to visitors but also a perceived safety risk.

Mr Buchanan delegated senior council staff to investigate what other local body faced with similar situations had done to try and overcome the problem.

Part of the investigation related to the legality of bylaws and their effectiveness.

Responding to complaints, council staff have several times visited Featherston properties to assess public safety issues under the council's Dangerous and Insanitary Buildings policy

Mr Buchanan said in every case the buildings, while appearing rundown and "somewhat dilapidated" did not qualify under the terms of the policy as being either dangerous or insanitary.

In some cases owners needed to make minor repairs such as fixing broken windows.

Mr Buchanan said it was obvious the inability to "take more definitive action" to clean and tidy up the buildings had frustrated some townspeople and resulted in a perception Featherston's town centre lacks appeal and is being run down.

In his report, Mr Buchanan said Featherston had a particular problem as there were "quite a number" of buildings standing empty and some were verging on being derelict.

"Most of these building are held by one or two owners who are seemingly either not driven by normal commercial imperatives or are solely focussed on one element of commercial concern, simply maximising profit to the detriment of tenants."

Using a bylaw to try and solve the problem could expose the council to legal challenge and substantial costs if the challenge held up in court.

He said on the balance of probabilities it was likely, on what is currently known, that a by-law would fail if tested in court.

Upper Hutt City Council went ahead with a bylaw and has used it to " prompt" some property owners into better maintaining their properties.

Mr Buchanan said council had to decide whether to follow suit regardless of legal costs and considerations and the practical limits of a bylaw addressing the problems.

If a decision is made to press ahead with framing a bylaw then the documents will be prepared and submitted to a future council meeting for consideration and adoption.