The Village Board of the Village of Nassau, Rensselaer County,
New York, recognizes that some properties within the Village have
or may become vacant for many reasons, including as the result of
the mortgage foreclosure process under New York State law or for other
reasons. The Village Board recognizes that certain buildings, both
residential and commercial, have been or will remain vacant or boarded
up for long periods of time. As such, these buildings and the properties
upon which they are constructed can become unsightly and unsafe and
have a negative effect on their surroundings and upon the community
in general. The purpose of this chapter is to establish a program
for identifying and registering vacant buildings and properties; to
determine the responsibility of the owners or mortgagees of these
properties; to set forth the process for securing, maintaining and
rehabilitating these properties; and to require the registration of
these properties with the Village of Nassau.
The Village Board of the Village of Nassau intends that the
provisions of this chapter are to prevent properties that have been
vacant from becoming dangerous, unsafe, blighted, overgrown, susceptible
to vandalism and otherwise nuisances to the public in general and
specifically to surrounding property owners. The Village Board recognizes
that properties involved in the mortgage foreclosure process in particular
that are left vacant could cause nuisance and criminal activity for
long periods of time. Accordingly, the Village Board believes that
the provisions of this chapter are in the best interests of the public
health and safety in the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
FORECLOSURE
The legal process by which any parcel, tract, lot or other
defined area of real property, including the improvements located
thereon, placed as security for a real estate loan, is sought to be
sold by the lender/mortgagee to satisfy the debt if the borrower/mortgagor
defaults. This definition shall include all processes, activities,
and actions by whatever name associated with the described process.
LOCAL AGENT
The agent designated by the owner or mortgagee upon registration
as required by this chapter.
MORTGAGEE
The creditor, including, but not limited to, service companies,
lenders in a mortgage agreement and any agent, servant, or employee
of the mortgagee, or any successor in interest and/or assignee of
the mortgagee's rights, interests or obligations under the mortgage
agreement.
NOTICE OF DEFAULT
A recorded notice that a default has occurred under a mortgage
and that the mortgagee intends to proceed with a foreclosure sale.
OWNER
Owner or owners of record on the assessment rolls of the
Office of the Assessor of the Village of Nassau; those identified
as the owner or owners on a vacant building registration form; a mortgagee
in possession; a mortgagor in possession; a receiver or assignee of
rents; an executor, trustee, or other person, firm, entity or corporation
in control of the property or premises. Such persons or entities may
have joint and several obligations for compliance with the provisions
of this chapter.
SECURING
Any measures that assist in making the property inaccessible to unauthorized persons as set forth in §
44-7 below.
UNOCCUPIED BUILDING
A building or portion thereof which lacks the habitual presence
of human beings who have a legal right to be on the premises, including
buildings ordered vacated by the Code Enforcement Officer and his
or her designees. In determining whether a building is unoccupied,
the Code Enforcement Officer and his or her designees may consider,
but are not limited to, these factors:
A.
Whether a lawful residential or business activity has ceased.
The percentage of the overall square footage of the occupied space
to the unoccupied space, or the number of occupied units to unoccupied
units.
B.
Whether the building is substantially devoid of contents or
whether the value of fixtures or personal property in the building
is minimal.
C.
Whether the building lacks utility services.
D.
Whether the building is subject to a foreclosure action.
E.
The duration of the vacancy.
F.
The presence or recurrence of code violations.
UNSECURED BUILDING
A building or portion thereof which is open to entry by unauthorized
persons without the use of tools or ladders.
VACANT BUILDING OR PROPERTY
A vacant building is a building or property or portion of
same which is unoccupied and meets the criteria of New York State
Real Property Actions and Proceedings Law §§ 1309 and
44-D and which is:
A.
Unoccupied and unsecured;
B.
Unoccupied and secured by other than normal means; or
C.
Unoccupied and an unsafe building as determined by the Code
Administrator or his or her designees; or
D.
Unoccupied and has multiple housing or building code violations;
or
E.
Occupied in violation of one or more of the provisions of this
section.
The owner or mortgagee of any structures that become vacant
as defined above and any person designated as an agent or responsible
for maintaining such structure or vacant property shall, within 30
days of the structure becoming vacant or 30 days of the owner or mortgagee
taking title to the property, whether or not the deed for said property
has been recorded with the Rensselaer County Clerk, meet the following
requirements:
A. All vacant real property shall at all times be properly maintained.
A vacant building or structure shall be considered properly maintained
if the following requirements are met:
(1) It has all doors and windows and other openings weathertight and
secured against entry by the general public as well as animals. The
term "secured," for the purposes of this section, shall mean that
all means of ingress and egress, including but not limited to all
doorways and windows, shall be in good state of repair, without any
broken glass or other damage that might allow entry or create an eyesore,
and shall be securely locked. Any building that is not so secured
shall be promptly boarded up, meaning that all means of ingress and
egress at all floor levels shall be covered over, as specified hereinafter,
so as to ensure the continued security of the building and to reduce
the negative impact on the neighborhood. Boarding up shall be done
by utilizing the following minimum materials and methods unless another
equivalent system is proposed in writing and approved by the Building
Inspector:
(a)
Exterior-grade plywood or sheathing-grade particle board.
(b)
Openings in excess of three feet wide shall be braced.
(c)
The door shall be secured.
(d)
All boarding material shall be finished on the exterior with
paint.
(e)
When it is required by this article that a building be boarded
up, it shall be the responsibility of the owner to have the electric
and gas service, if any, temporarily shut off from the building by
contacting National Grid customer service. Service may not be reconnected
until repair and rehabilitation work or occupancy actually commences.
(2) All roof and roof flashings shall be sound and tight such that no
rain will penetrate the structure and must allow for appropriate drainage
so as to prevent deterioration of the interior walls or other interior
portions of the building. Temporary boarding of windows may be permitted
upon application and consent by the Code Enforcement Officer of the
Village of Nassau. The Code Enforcement Officer shall have the discretion
to determine how long boarding may be permitted.
(3) The building must be maintained in good repair and be structurally
sound and free from rubbish, garbage, and other debris.
(4) Structured members of the building shall be capable of bearing both
live and dead loads, and the foundation walls likewise shall be capable
of supporting an appropriate load.
(5) The exterior of the structure shall be free of loose or rotten materials
as well as holes. Any exposed metal, wood or other surface shall be
protected from the elements by appropriate weather-coating materials
(paint or similar treatment).
(6) Any balconies, canopies, signs, metal awnings, stairways, fire escapes
or other overhanging extensions shall be in good repair and appropriately
anchored. The exposed metal and wood surface of such overhanging extensions
shall also be protected from the elements and against rust or decay
by appropriate application of paint or similar weather coating.
(7) Any accessories or appurtenant structures, including but not limited
to garages, sheds, and other storage facilities, shall meet the same
standards.
(8) All bushes must be trimmed so as to provide an unobstructed view
of the front of the house from the public roadway.
(9) The property shall be maintained in accordance with Chapter 3 of
the Property Maintenance Code of New York State.
(10) All combustibles must be removed from the interior of all buildings
and the exterior of the property.
(11) Smoke and carbon monoxide detectors shall be installed and maintained
in operable condition at all times.
(12) The Code Enforcement Officer of the Village of Nassau shall be provided
with proof of inspection of the premises by the agent or responsible
party at least every 30 days after the vacancy commences.
(13) The grounds of the structure, including yards, fences, sidewalks,
walks and driveways, shall be well maintained and kept free from trash
or debris.
B. In addition to the requirements set forth in Subsection
A above:
(1) The owner and/or mortgagee shall post a sign affixed to the structure
with a name, address and telephone number of the owner and/or mortgagee
and the owner's and/or mortgagee's authorized agent for
the purposes of service of process and the name, address and telephone
number of the entity responsible for the maintenance of the property.
The sign shall be at least 18 inches by 24 inches in dimension and
shall include the words "To Report Problems With This Building/Property
Call and/or Email" and shall be placed in a location where it is clearly
legible from the nearest public street or sidewalk, whichever is nearer.
(2) The building shall be maintained in a secured and closed condition,
keeping the grounds in a clean and well-maintained condition and ensuring
that the sign is visible and intact until the building is again occupied
or demolished or until repair or rehabilitation of the building is
complete.
The Code Enforcement Officer, Fire Inspector and/or Police Department
shall have the authority to inspect properties subject to this statute
for compliance with same and to issue citations for any violations.
Upon the Code Enforcement Officer or his/her designee determining
a property has been vacated, he/she shall cause a certification of
vacancy to be filed with the Building Department's records, and
such certification shall be served upon the owner of the premises
either personally or by posting a copy of the certification in a conspicuous
place on the property and by mailing a copy by certified mail to the
owner's (owners') last known address.
A. Upon the Code Enforcement Officer filing a certification of vacancy,
the Code Enforcement Officer, Police Department and/or Fire Inspector
may, without further notice to the owner, take necessary steps to
ensure the property and/or dwelling is properly maintained pursuant
to this chapter. Costs incurred under this section shall be paid out
of the municipal treasury on certificate of the Code Enforcement Officer.
Such costs shall be charged against the land on which the building
existed, as a municipal lien, or shall be added to the tax roll as
an assessment or shall be levied as a special tax against the land
upon which the building stands or stood or shall be recovered in a
suit at law against the owner.
B. The owner of a property declared vacant may petition the Building
Department to remove the certification of vacancy by providing proof
to the Code Enforcement Officer that the basis for the certificate
of vacancy no longer exists and the owner is in compliance with this
chapter.
If an owner and/or mortgagee of such property shall violate
any portion of this chapter, such person shall be subject to a fine
of not more than $500 or 30 days in jail, or both, with the understanding
that each day a violation continues shall be deemed a separate offense.