Burch: Crackdown On Derelict Properties

Government intends to fast-track the legal process required to confiscate and demolish vacant or derelict properties being used for “criminal or anti-social behaviour”, National Security Minister David Burch told the Senate yesterday [Feb. 16].

Sen. Burch said some Bermuda communities comprised of otherwise law-abiding citizens had become centres for illegal activity because abandoned properties had attracted anti-social elements who used them as crime dens.

He said the exisiting ”burdensome and deliberately lengthy process” required for demolishing  these derelict and abandoned buildings presented an ongoing and serious obstacle to neighborhood restoration.

“I am pleased to announce that after an initial discussion in Cabinet, I intend to spearhead a revamp of the law in this area to make  it easier to demolish vacant and derelict properties where they are the site of illegal and anti-social behaviour,” said Sen. Burch. “In outline, Madame President, the legislation will permit the Minister of National Security to cause an application to be made to the Supreme Court for an order that the vacant or derelict premises be demolished. Before seeking such an order, several avenues must be exhausted. These include establishing ownership and that the sole activity at the site if illegal and/or anti-social behaviour.

“Madame President, we must address these issues speedily, meeting the needs of law-abiding citizens while not adversely affecting the property rights of others.”

The full text of the National Security Minister’s statement appears below:

Madame President, this Government has committed to preserving and in some cases restoring safety to our communities. Often times this aim is frustrated by a structure that lends itself to criminal and anti-social activity.

Madame President, too many neighbourhoods, comprised of honest, law-abiding citizens, are made to suffer because a vacant or derelict property has been converted for use by an anti-social element of society. In many cases owners of such properties are resident overseas or are elderly and cannot maintain them as required. It is also a fact that multiple owners and protracted family disputes can lead to properties deteriorating in this way.

Madame President, the people in these neighbourhoods deserve some relief and our claim to be a Government of law and good order must extend to them as well.

Like many things in government, the mechanism by which action can be taken with a vacant and derelict property is currently a burdensome and deliberately lengthy process. Too lengthy in my view and I am pleased to say, in the view of my Cabinet colleagues.

Madame President, when confronted with a process that could, potentially, take years, it became readily apparent that we not help restore neighbourhood safety without a wholesale revision of the law in this area.

To give you an idea of the process I attach a flow chart of the steps currently required to demolish a vacant and derelict building. You will well know, Madame President, that this flow chart alone would be sufficient to make me do something else.

As such, Madame President, I am pleased to announce that after an initial discussion in Cabinet, I intend to spearhead a revamp of the law in this area to make  it easuer to demolish vacant and derelict properties where they are the site of illegal and anti-social behaviour.

In outline, Madame President, the legislation will permit the Minister of National Security to cause an application to be made to the Supreme Court for an order that the vacant or derelict premises be demolished. Before seeking such an order, several avenues must be exhausted. These include establishing ownership and that the sole activity at the site if illegal and/or anti-social behaviour.

Madame President, we must address these issues speedily, meeting the needs of law-abiding citizens while not adversely affecting the property rights of others.

My aim is to have these provisions considered by the Legislature following this Second Term which is traditionally devoted to Budget matters.

Madame President, this Government’s commitment to safer communities is real and this plan for action addresses some longstanding concerns in several neighbourhoods. We will continue to work every day on innovative solutions to improve the lives of all people in Bermuda.

Thank you, Madame President.

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