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Record of Proceedings

Mobile City Council Committee Meeting on Vacant Commercial Building Registry - Sept 16, 2025

City Council MeetingsTuesday, September 16, 2025
BodyMobile, Alabama
SessionCity Council Meetings
DateTuesday, September 16, 2025
StatusFILED
Video Record
0:00 / 42:55

Transcript — Verbatim
0:05

We asked a few this morning, um based on thought, intent, purpose, and how it's to be uh financed and the purpose of it and also the confines of the area.

0:19

Uh if there are any questions now, uh, I would hope that you have them ready and let's just get them answered.

0:28

And if it's anything that you guys would like to see amended, let's see if we can make those changes today.

0:35

Uh get them reviewed and move forward by next Tuesday.

0:40

So, with that being said, uh members of the community uh of the committee first.

0:45

If you'd like to ask a few questions, I'll entertain that uh Gina, you want I think everybody got the um email from Ms.

0:56

Cochrane asking some questions about the plan and uh some of them have already been addressed, and I was just going back through them.

1:04

Um and I think it's worthwhile to at least go over some of these questions and answer them just you know, for everybody's um review.

1:15

Um the staffing and enforcement, all that was answered this morning.

1:19

So I don't think we need to go back over that in the financial portion of it.

1:22

I think that has been answered.

1:24

Um she gets into the potential for blight.

1:27

Um, and is that something that we are looking at?

1:30

And then on rationale, um, don't we already have the power to inspect properties and identify violations and that sort of thing?

1:40

Um then the last, let's see.

1:49

Well, that's actually pretty much it.

1:50

I I think she's just asking a lot of questions about is this really needed?

1:53

Uh is this going too far?

1:55

Uh y'all need to take a really close look at this and make sure you know what you're getting into, sort of a thing.

2:00

Um, so I think if we just go back and look at um the potential for blight, what are we looking for in these buildings?

2:06

Are they already blighted?

2:07

Is there a potential for blight?

2:08

How are we identifying the buildings?

2:11

Um and is there not already a way for us to go in and uh identify buildings that are in need of um renovation or should be in this registry?

2:23

Do we not already have the enforcement tools?

2:25

You know, those kinds of things.

2:26

And I know it's a little broad, but you probably got the email like we did, because I think it was addressed to the mayor as well.

2:32

So again, I just think it's worthwhile that we at least go through some of these.

2:38

Anyone ask the question uh look, do me a favor.

2:42

Uh why don't you ask the question one at a time and let them address?

2:47

All right.

2:48

Well, like I said, the enforcement part has been answered, the financial part I think has been answered.

2:54

Um, one of the questions was the IPMC adopted in 2017 already a tool for blight prevention.

3:01

Um so it's updated regularly to reflect advances in building science and all of those kinds of things.

3:09

Um the proposed registry ordinance is not part of the IPMC.

3:14

That's adding layers.

3:15

What are is what we are doing adding layers to something we can already do?

3:19

Um, or or are we not able to do this?

3:22

And we need, and that's why we need the registry.

3:27

Thank you, Vice President Gregory.

3:29

Uh asking those questions.

3:31

Uh, it I think this is more of a I think more of a clarity for the public than anything, but it's a good intellectual exercise, although not a practical one.

3:40

Um, so to answer your question, no, we don't have the tools to do this already because you have to think about it.

3:47

Our our inspectors now, we're not allowed to go inside these buildings and understand that this is narrowly tailored, right?

3:54

And and this goes to Mr.

3:56

Carroll's question from earlier.

3:58

You know, are we looking at an equal protection issue?

4:02

And the answer to that question is no as well.

4:03

And here's why.

4:05

Um specifically, this ordinance sets out the purpose.

4:09

Primary purpose, not being blight remediation, but is a public safety, health and welfare issue because downtown is so unique.

4:17

Nowhere else do you have uh these buildings that are so close in proximity to one another from different time periods.

4:25

So you got fire codes that had different applications for a number of years.

4:29

You could very well have a vacant commercial building.

4:33

Remember, this is tailored only to commercial buildings that are vacant, restricted to the Hank Aaron Loop.

4:40

So you could have a building that was constructed in the 1950s right next to a building that was remodeled in 2000, and they're gonna have a different application of the fire code.

4:50

Um point to the last major fire we had downtown.

4:54

Uh it it it could have gone out of hand, and I'll let the chief talk more about that.

5:00

But that's the primary purpose is the health and safety issue, and that's that's why it's set out that way.

5:04

Um, and then you have the commercially reasonable parts of this that also there.

Discussion Breakdown — Share of Meeting
Building Safety█████████████████████████████████████████████64%
Public Safety█████████████18%
Economic Development█████████████18%
Summary of Proceedings

Mobile City Council Committee Meeting on Vacant Commercial Building Registry - Sept 16, 2025

The Mobile City Council committee met on September 16, 2025, to discuss a proposed ordinance establishing a registry for vacant commercial buildings within the Hank Aaron Loop. The primary focus of the meeting was to address public safety concerns, particularly fire hazards unique to downtown's dense, contiguous historic buildings. Committee members raised detailed questions about enforcement, financial burdens, definitions, and potential unintended consequences for property owners actively working on redevelopment.

Discussion Items

  • Purpose and Need for the Registry: The proposed ordinance aims to create a registry for vacant commercial structures within the Hank Aaron Loop to address fire hazards. Officials argued that current tools are insufficient because inspectors cannot access the interior of buildings, and the proximity of structures with different fire code applications creates unique risks. A past downtown fire was cited as an example of the potential for catastrophic spread.
  • Equal Protection Concerns: A question was raised about whether the ordinance targets a specific class. The response clarified that the ordinance applies only to vacant commercial buildings within a defined geographic area (the loop), not to any protected class or individual. Over 70 buildings are identified on the map, and the purpose is public safety, not targeting specific owners.
  • Relationship to Existing Codes: The ordinance was described as an additional layer beyond the International Property Maintenance Code (IPMC) adopted in 2017. The IPMC addresses blight but does not provide the specific fire monitoring and compliance tools needed for downtown's unique conditions.
  • Financial Burden on Owners: Committee members questioned whether the registry imposes unjust financial burdens, including fines and fire alarm system costs. Officials responded that fines are a compliance tool, similar to nuisance abatement fees elsewhere in the city, and are justified by the heightened public safety risk downtown. The fees from the registry would be placed in a segregated account within TIFF District One, intended solely for repairing, rehabilitating, or stabilizing vacant structures, though members expressed concern that the language was not sufficiently restrictive.
  • Exemptions for Active Development: There was a lengthy debate about owners who are actively working to redevelop a property but cannot meet the timeline. Committee members noted that a developer like Wendell Quimby, who spent decades improving downtown buildings, would have been penalized under the proposed timeline. Existing exemptions include buildings actively marketed or under construction, but members suggested adding an exemption for owners who are “actively working on construction or otherwise” and demonstrating progress, such as pulling permits.
  • Fire Protection Requirements: The ordinance requires a fire alarm system that detects fires and transmits an alarm to the public safety answering point via a UL-listed central station, supported by a dedicated power source. The estimated cost for monitoring was cited as $164 per month. Members questioned whether this requirement, combined with fines for vacancy, could create excessive burdens for owners who are already complying with fire safety.
  • Fee Structure: The proposed fee varies by building type (e.g., commercial structures used as residences with 1-3 units vs. mixed commercial use). Officials explained that larger buildings pose greater complexity and cost for inspections, and the tiered system is designed to minimize impact on residential properties. Some members suggested using square footage instead.
  • Definitions: Vice President Gregory proposed several clarifications:
    • “Actively marketed” should be defined as “promoted through consistent, proactive, and direct efforts to attract customers and buyers via advertising, digital platforms, or realty websites.”
    • “Blight reduction” should be defined, possibly referencing the annual survey of blighted properties used elsewhere in Chapter 52.
    • “Satisfaction of the code official” was criticized as too subjective; members requested a more objective standard tied to published codes.
    • The phrase “at a minimum” in registration information requirements (Section 52-204 B) should be struck to avoid arbitrary additional demands.
  • Registration and Reporting Requirements: Members questioned the requirement for owners to list all partners with a 10% or greater interest, asking why it shouldn't include all partners. Also, the requirement for proof of liability insurance was questioned, as occupied properties do not have such a requirement.
  • Enforcement Challenges: It was noted that tracking down owners of vacant buildings is difficult because there is no one to hand a ticket to, and many are owned by corporations. The registry is intended to provide a tool to identify and compel compliance.

Key Outcomes

  • Support for the Concept: Despite numerous technical concerns, committee members expressed support for the ordinance’s goals. Vice President Gregory stated, “I am in support of this action... I want this to happen.”
  • Proposed Amendments: Committee members requested specific amendments before the next meeting, including:
    • Adding an exemption for properties where the owner is actively working on construction or development, demonstrated by pulling permits or making progress.
    • Revising the definition of “plan for maintenance” to align with existing language used in nuisance abatement, requiring a schedule of purchase, design, financing, and timeline.
    • Removing “at a minimum” from Section 52-204 B.
    • Tightening “satisfaction of the code official” to reference objective standards.
    • Clarifying that funds collected must be earmarked exclusively for repair, rehabilitation, or stabilization of vacant structures within the loop, not diverted to other uses.
    • Defining “actively marketed” and “blight reduction” as discussed.
  • Next Steps: The committee agreed to submit the list of proposed amendments to the city attorneys for incorporation into the ordinance. A vote is expected by the following Tuesday, September 23, 2025.

Meeting Transcript

We asked a few this morning, um based on thought, intent, purpose, and how it's to be uh financed and the purpose of it and also the confines of the area. Uh if there are any questions now, uh, I would hope that you have them ready and let's just get them answered. And if it's anything that you guys would like to see amended, let's see if we can make those changes today. Uh get them reviewed and move forward by next Tuesday. So, with that being said, uh members of the community uh of the committee first. If you'd like to ask a few questions, I'll entertain that uh Gina, you want I think everybody got the um email from Ms. Cochrane asking some questions about the plan and uh some of them have already been addressed, and I was just going back through them. Um and I think it's worthwhile to at least go over some of these questions and answer them just you know, for everybody's um review. Um the staffing and enforcement, all that was answered this morning. So I don't think we need to go back over that in the financial portion of it. I think that has been answered. Um she gets into the potential for blight. Um, and is that something that we are looking at? And then on rationale, um, don't we already have the power to inspect properties and identify violations and that sort of thing? Um then the last, let's see. Well, that's actually pretty much it. I I think she's just asking a lot of questions about is this really needed? Uh is this going too far? Uh y'all need to take a really close look at this and make sure you know what you're getting into, sort of a thing. Um, so I think if we just go back and look at um the potential for blight, what are we looking for in these buildings? Are they already blighted? Is there a potential for blight? How are we identifying the buildings? Um and is there not already a way for us to go in and uh identify buildings that are in need of um renovation or should be in this registry? Do we not already have the enforcement tools? You know, those kinds of things. And I know it's a little broad, but you probably got the email like we did, because I think it was addressed to the mayor as well. So again, I just think it's worthwhile that we at least go through some of these. Anyone ask the question uh look, do me a favor. Uh why don't you ask the question one at a time and let them address? All right. Well, like I said, the enforcement part has been answered, the financial part I think has been answered. Um, one of the questions was the IPMC adopted in 2017 already a tool for blight prevention. Um so it's updated regularly to reflect advances in building science and all of those kinds of things. Um the proposed registry ordinance is not part of the IPMC. That's adding layers. What are is what we are doing adding layers to something we can already do? Um, or or are we not able to do this? And we need, and that's why we need the registry. Thank you, Vice President Gregory. Uh asking those questions. Uh, it I think this is more of a I think more of a clarity for the public than anything, but it's a good intellectual exercise, although not a practical one. Um, so to answer your question, no, we don't have the tools to do this already because you have to think about it. Our our inspectors now, we're not allowed to go inside these buildings and understand that this is narrowly tailored, right? And and this goes to Mr. Carroll's question from earlier. You know, are we looking at an equal protection issue? And the answer to that question is no as well. And here's why. Um specifically, this ordinance sets out the purpose.

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