Malden City Council Grapples with Decisions on Tax-Delinquent Properties and Remote Meeting Policies

During the recent Malden City Council meeting, councilors faced issues surrounding tax-delinquent properties and the future of remote participation in public meetings. The council was tasked with deciding the fate of two properties, 42 Crescent Avenue and 40-42 Wentworth Street, acquired through tax title litigation. Additionally, the council deliberated on amending the city code to mandate remote participation for all city boards and commissions, spurred by the increased engagement seen during the pandemic.

At the forefront of the meeting was the discussion about two properties now owned by the city due to unpaid taxes. Changes to tax title laws last year necessitate that cities decide within 14 days of a land court judgment whether to retain or sell such properties. Retaining them requires securing appraisals and allowing former owners to claim any equity beyond the dues. Alternatively, selling mandates listing with a realtor and precludes auctions for a year without reasonable bids. The urgency was underscored by a recent judgment in favor of the city, prompting immediate action from the council.

For 42 Crescent Avenue, the property owners’ lack of engagement until the last possible moment was noted. This property is a rental, with the owners residing elsewhere and current on taxes there. The council was informed that communication had been clear, yet taxes on the rental property remained unpaid. Meanwhile, 40-42 Wentworth Street’s owners had not paid taxes since the fiscal year 2017, with disagreements between the co-owning families further complicating matters. The city representative suggested selling both properties due to a lack of funds to retain them and to avoid becoming landlords, with a proposed 30-day hold to allow potential redemption by the owners.

The council also tackled the topic of remote meeting participation, which sparked diverse opinions. One councilor proposed amending the city code to require that all boards, commissions, and public bodies offer remote participation. They argued that remote meetings had enhanced public engagement during the pandemic, contrasting with declining attendance at in-person meetings. There was recognition of the logistical challenges, especially for volunteer boards, and concerns about potential burdens. The matter was ultimately referred to the ordinance committee for further consideration, with a focus on balancing accessibility with practical implications.

As the meeting progressed, various councilors underscored the importance of encouraging property owners to meet their tax obligations rather than proceeding with sales. The discussion revealed outdated ordinances conflicting with the new tax title laws, prompting calls for immediate updates. There was a suggestion to appoint a tax title custodian to manage such properties, aligning city procedures with Massachusetts General Law. Any excess funds from property sales, after settling taxes and fees, would be returned to previous owners, with unclaimed funds eventually classified as unclaimed property.

Throughout the discussions, the need for transparency and compliance with legal requirements was emphasized. Councilors recognized the complexities involved in tax title processes, which include comprehensive notifications to property owners. The goal remained to ensure property owners were informed of their obligations and to facilitate outcomes that allowed them to retain their properties whenever feasible.

In addition to these discussions, the council addressed other agenda items. They reviewed amendments to the MBTA community zoning overlays ordinance, necessitated by state requirements for full compliance. Technical adjustments were made to align zoning practices with the ordinance passed in December 2023. Another amendment focused on updating flood plain districts zoning to maintain eligibility for FEMA-sponsored insurance programs, with a proposal to clarify definitions within the ordinance to prevent confusion.

The council also considered amendments to the city code’s table of use regulations. The changes aimed to ensure consistency with site plan review requirements for daycare centers, nonprofit educational facilities, and religious entities. These amendments sought to address inconsistencies where some uses were permitted by right, while others required special permits.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
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