It is the finding of the Common Council that buildings which
remain vacant, with access points boarded over, are unsightly, unsafe
and have a negative effect on their surroundings. This is particularly
troublesome in residential and neighborhood-commercial neighborhoods.
Unfortunately, many buildings, once boarded, remain that way for many
years. The purpose of this chapter is to establish a program for identifying
and registering vacant buildings; to determine the responsibilities
of owners of vacant buildings and structures; and to speed the rehabilitation
of the vacant properties.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this
section:
OWNER
Those shown to be the owner or owners on the records at the
City of Cortland Assessors Office, those identified as the owner or
owners on a vacant building registration form, a mortgagee in possession,
a mortgagor in possession, assignee of rents, receiver, executor,
trustee, lessee, other person, firm or corporation in control of the
premises. Any such person shall have a joint and several obligation
for compliance with the provisions of this chapter.
RESPONSIBLE PARTY
Those shown to be the owner or owners of the records at the
City of Cortland Assessor's office, those identified as the owner
or owners on a vacant building registration form; a mortgagee in possession;
a mortgagor in possession; a mortgagee upon the filing of a lis pendens
and/or an action, the purpose of which is to foreclose upon the mortgage
or similar instrument that secures debt upon the real property; assignee
of rents; receiver; executor; trustee; lessee; other person; firm;
or corporation in control of the premises; of any real property which
is in violation of this chapter shall be a responsible party for compliance
with the provisions of this chapter.
[Added 10-21-2014 by L.L. No. 8-2014]
UNOCCUPIED
A building which is not being used for an occupancy authorized
by the owner.
UNSECURED
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
VACANT BUILDING
A building or portion of a building which is:
A.
Unoccupied and unsecured;
B.
Unoccupied and secured by other than normal means;
C.
Unoccupied and an unsafe building as determined by the Code
Enforcement Office;
D.
Unoccupied and has multiple housing or building code violations;
F.
Unoccupied for a period of time over 180 days, and during which
time the Enforcement Officer has issued an order to correct code violations.
[Added 10-21-2014 by L.L. No. 8-2014]
It is the responsibility of each owner to maintain their property
in accordance with the provisions of this chapter. Where applicable,
tenants or lessees shall receive enforcement notices in connection
with enforcement; however, the owner is ultimately responsible for
compliance with this chapter.
[Amended 10-21-2014 by L.L. No. 8-2014; 2-4-2020 by L.L. No. 1-2020]
A. The owner of a vacant building shall pay an annual fee as set forth in Subsection
B of this section for the period the building remains a vacant building.
B. Fee schedule:
(1) For residential buildings of one to three units:
(a)
For the first year: $250.
(b)
For the second year: $500.
(c)
For the third year: $750.
(d)
For each subsequent year: $1,000.
(2) For residential buildings of four to six units, and mixed commercial
and residential buildings of two or three residential units:
(a)
For the first year: $500.
(b)
For the second year: $1,000.
(c)
For the third year: $1,500.
(d)
For each subsequent year: $2,000.
(3) For residential buildings of seven or greater units, and mixed commercial
and residential buildings of four or greater units:
(a)
For the first year: $1,000.
(b)
For the second year: $2,000.
(c)
For the third year: $3,000.
(d)
For each subsequent year: $4,000.
(4) For nonresidential buildings, the greater of:
(a)
For the first year: $1,000 or $0.05 per square foot.
(b)
For the second year: $2,000 or $0.10 per square foot.
(c)
For the third year: $3,000 or $0.15 per square foot.
(d)
For each subsequent year: $4,000 or $0.20 per square foot.
C. The vacant building shall be registered prior to the issuance of
any building permits, with the exception of a demolition permit.
D. The vacant building registration fee shall be applied by the Chief
Building Official toward the cost of any building permit fees otherwise
owed for work proposed at the building for which the vacant building
registration fee was paid.
The Enforcement Officer shall include in the file any property-specific
written statements from community organizations, other interested
parties or citizens regarding the history, problems, status or blighting
influence of a vacant building.
The Code Enforcement Department shall inspect any premises in
the City for the purpose of enforcing and assuring compliance with
the provisions of this chapter. Upon the request of the Enforcement
Officer, an owner may provide access to all interior portions of an
unoccupied building in order to permit a complete inspection. Nothing
contained herein, however, shall diminish the owner's right to insist
upon the procurement of a search warrant from a court of competent
jurisdiction by the Enforcement Officer or their designee in order
to enable such inspection, and the Enforcement Officer shall be required
to obtain a search warrant whenever an owner refuses to permit a warrantless
inspection of the premises after having been advised of their constitutional
right to refuse entry without same.
The Code Enforcement Department shall submit a quarterly report,
not later than April 15 of each year, to the Mayor and Common Council,
listing all buildings in the City declared vacant under the provisions
of this chapter, the date upon which they were declared vacant and
whether a vacant building registration and vacant building plan has
been filed for the building. The report shall additionally include
a list of all previously declared vacant buildings which are no longer
subject to the provisions of this chapter.
Any person violating any provision of the vacant building registry or providing false information to the Enforcement Officer shall be punished as provided by §
1-22 of the Code of the City of Cortland as §
1-22 is amended from time to time.