Earlier this year, I wrote about a 90-year-old man who was arrested in a Troy grocery store parking lot. The case began with a property maintenance charge. It ended with a warrant, a Flock camera alert, and a trip into police custody.
Senior Citizen Is Arrested For Property Maintenance Violation
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The city had sent a court notice to an address tied to property the man used to own. From the records at the time, it appeared he never saw it. He missed his court date, and a warrant was issued. After his arrest, the property maintenance charge was dismissed in court. The property had been sold, and repairs had reportedly been made before the court date.
That story left us with two questions. Did the city check its facts and send notice where the man could get it? And why did a property maintenance problem become a criminal case in the first place?
Troy City Council has now taken a step toward answering the second question.
On September 21, council adopted Ordinance O-37-26. The change gives the city a civil way to handle property maintenance violations. Instead of filing a criminal charge, staff can use an administrative fine to push for repairs. All nine council members voted for it after suspending the usual three readings.
This is good news, but the difference between an option and a rule matters. The Law and Ordinance committee called the civil fine an “additional tool.” During public comments, at the last city council meeting, the ordinance was described as a choice that could be used instead of a criminal case, based on the situation. The meeting did not establish that criminal charges are gone for every property maintenance case.
So the question now is not only what council passed. It is how city staff will use it. Would a case like the one involving the 90-year-old go down the civil path today? Who decides when to use that path? Residents should be able to understand the answer.
A downtown raised another point after the vote. She read a part of the ordinance that says the city can fix a violation on a property whether or not it gives the owner a civil fine. It says the cost of that work, plus a $100 administrative fee, can be charged against the property. She asked whether that meant the city could go onto someone’s land, do the work, and send a bill.
Officials said the city cannot skip the steps that come first. They said an owner must get notice that explains the problem and a reasonable chance to fix it. The law director also described a chance to appeal. If the owner does not fix the problem after the required process, the city can arrange the work and charge the cost to the property. The process was compared to how Troy handles tall grass.
But the resident’s question was fair. The words she read sounded broad on their own. The explanation helped, but it came after council had already adopted the measure. A person should not have to attend a late council meeting to learn what will happen if the city finds a problem with their property. Troy could put a short, plain-language guide on its website: what notice will arrive, how much time an owner has, how to appeal, and when the city may step in.
None of this means property maintenance rules should go away. Neighbors have a right to expect unsafe or neglected properties to be addressed. Owners deserve a clear notice and a fair chance to make repairs. Both goals can be met without treating every problem as a crime.
Council deserves credit for adding a less harsh path after a painful case. But a civil fine will not catch a wrong address or an out-of-date ownership record. Staff still need to check who owns a property, send notice to the right person, and pause when the facts do not add up.
The man’s arrest cannot be undone. What Troy can do is learn from it. The real test of this ordinance will come in the next case: Does the city get the facts right, give the owner a fair chance, and choose the least harmful way to get the property fixed?
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