Town of Pittsford, NY Article IV Vacant Buildings

§ 66-5 Policy and purpose.

It is the finding of the Town Board that vacant buildings are unsightly, unsafe, and have a negative effect on the community. Unfortunately, many buildings, once vacant, remain that way for years. The purpose of this article is to establish a program for identifying and registering vacant buildings, to set forth the responsibilities of owners and/or operators of vacant buildings, and to speed the rehabilitation of vacant buildings.

§ 66-6 Vacant building registration.

A. The owner of a vacant building shall register with the Code Enforcement Office no later than 30 days after any building becomes a vacant building or not later than 30 days after being notified by a Code Enforcement Officer of the requirement to register. A Code Enforcement Officer may identify vacant buildings through a routine inspection process, as well as through notification by residents, neighborhood associations and other community groups. Notice will be served upon, or sent by mail, to the owner, to any property maintenance company, and to the property address. Notice will be deemed received upon personal delivery or three days in Monroe County or five days outside Monroe County after service by first-class mail.

B. The registration shall be submitted on forms provided by the Code Enforcement Office and shall include the following information:

(1) The street address and most recent use of the vacant building.

(2) The names, addresses, and telephone numbers of the owner or owners. If an owner is a corporation, limited liability company or partnership, the address for each director, manager, or partner, as the case may be. The address must include a street address; a post office box is not acceptable.

(3) A name, address, and telephone number of a responsible natural person who can be reached at all times during business and nonbusiness hours. The address must include a street address; a post office box is not acceptable.

(4) The name, address, and telephone number of any property manager and/or property maintenance company responsible for maintaining the vacant building and the property. If a property manager is a corporation, limited liability company or partnership, contact information for a responsible natural person on behalf of the property manager.

(5) The names and addresses of all known lienholders and all other parties with an ownership interest in the vacant building. Each address must include a street address; a post office box is not acceptable.

(6) A vacant building plan as described in Subsection C of this section.

C. The owner shall submit a vacant building plan which must meet the approval of the Code Enforcement Office. The plan, at a minimum, must contain information addressing the following:

(1) A plan for the securing of the vacant building and the premises, in accordance with standards provided in § 66-8 of this article, along with the procedure that will be used to maintain the vacant building and the property, and a statement of the reasons why the building will be left vacant.

(2) If the vacant building is to be demolished, a demolition plan indicating the proposed time frame for demolition.

(3) If the vacant building is to be returned to appropriate occupancy, a rehabilitation plan for the vacant building. The rehabilitation plan may not exceed six months from the date of submission and shall include progress bench marks at least every two months, unless the Code Enforcement Office grants an extension for good cause shown, upon receipt of a written statement from the owner detailing the reasons for the extension. Any repairs, improvements or alterations to the vacant building must comply with any applicable zoning, historic preservation and/or building codes.

D. The owner will comply with all applicable laws and codes. The owner will notify the Code Enforcement Office of any changes in information supplied as part of the vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revisions must be in writing and must meet the approval of the Enforcement Officer.

E. The owner will keep the vacant building and the property secured, safe and properly maintained as provided in § 66-8 of this article.

F. The owner shall notify the Code Enforcement Office of any transfer of ownership within 15 days of transfer. The new owner will continue to comply with the approved vacant building plan and timetable submitted by the previous owner until any proposed changes are submitted and approved by the Code Enforcement Office.

G. Vacant building registration fees.

(1) The owner of a vacant building will pay an initial registration fee of $100. The registration fee is due and payable upon registration, to wit, no later than 30 days after any building becomes a vacant building or no later than 30 days after being notified by a Code Enforcement Officer of the requirement to register.

(2) In order to cover the cost to the Town of monitoring and inspecting the vacant building, a renewal fee, in the amount of $500, is due and payable annually on the anniversary of the initial registration, until the vacant building is properly demolished or rehabilitated.

(3) Failure to pay the initial registration fee or any renewal fee, within 30 days of its due date, will result in a penalty in the amount of $200, for each instance.

H. Exemptions. A vacant building which has suffered fire damage or damage caused by extreme weather conditions will be exempt from the registration requirement for a period of 90 days after the date of the fire or extreme weather event, provided that the owner submits a request for exemption in writing to the Code Enforcement Office. This request will include the following information supplied by the owner:

(1) The street address of the vacant building.

(2) The reason for an exemption.

(3) The names and addresses of the owner or owners. A post office box is not acceptable.

(4) A statement of intent to repair and reoccupy the vacant building in an expedient manner or the intent to demolish the vacant building.

§ 66-7 Property maintenance company registration.

A. Any person, corporation, limited liability company or partnership responsible for maintaining a vacant building on behalf of any owner shall register with the Code Enforcement Office no later than 30 days after commencing such maintenance responsibilities or not later than 30 days after being notified by a Code Enforcement Officer of the requirement to register. The registration shall be submitted on forms provided by the Code Enforcement Office and shall include, for each and every vacant building being maintained, the following information:

(1) The street address of the vacant building.

(2) The name, address, and telephone numbers of the registrant. If a registrant is a corporation, limited liability company or partnership, the address for each director, manager, or partner, as the case may be. The address must include a street address; a post office box is not acceptable.

(3) A name, address, and telephone number of a responsible natural person of the registrant who can be reached at all times during business and nonbusiness hours. The address must include a street address; a post office box is not acceptable.

(4) The name, address, and telephone number of the owner of the vacant building. If an owner is a corporation, limited liability company or partnership, contact information for a responsible natural person on behalf of the owner.

B. The registrant shall, on an ongoing basis, immediately advise the Code Enforcement Office of any changes to the information provided pursuant to Subsection A of this section, including additions to and/or deletions from the vacant buildings being maintained by the registrant.

§ 66-8 Vacant building and property maintenance.

A. The owner of a vacant building will take such steps and perform such acts as may be required, from time to time, to ensure that the vacant building and the property remain safe and secure and do not present a hazard to adjoining properties or the public. Owners are responsible for maintaining vacant buildings so that they do not become unsafe.

B. The owner shall protect and maintain the exterior of a vacant building, as follows:

(1) Exterior walls, including foundations, shall be maintained so that water does not penetrate into basements, cellars, or other interior areas. All exterior walls and foundations must be free of holes and crevices.

(2) Exterior doors, windows, skylights and similar opening shall be maintained secured and weathertight.

(3) Exterior stairs, porches, entrance platforms, fire escapes and the railings thereon shall be maintained in a safe and sound condition.

(4) Roofs shall be maintained in a weathertight condition, either with normal roofing material or other materials that are reasonably visually compatible with the existing roofing material and not unsightly.

(5) Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions.

(6) Exterior surfaces shall be maintained in good condition. Surfaces not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative. There shall not be excessive flaking, peeling or chipping of any protective coating.

(7) The coverings for windows and doors with glass may not consist of any substance sprayed onto the glass doors or windows. All enclosures shall be properly fitted and be of such material and surface that they are neither unsightly nor will materially detract from the general appearance of the building or the neighborhood and, when possible, secured by normal means.

(8) The covering for broken doors and cracked or broken windows may consist of replacement glass, Plexiglas, boards, plywood or similar materials finished and maintained in a manner recommended and approved by the Enforcement Officer. The materials will be designed and of such color to blend in with the finish of the building.

(9) Windows that are not cracked or broken may be covered with interior blinds, curtains, shades, or decorative paper.

C. The owner will maintain the property as follows:

(1) There shall be no accumulation of garbage, refuse or debris.

(2) The property shall be maintained free of insects, vermin and rodent harborage and infestation.

(3) Junk vehicles, equipment, materials or personal property shall not be stored on the property.

(4) If the vacant building is to remain vacant for more than 30 days, all fuel gas, water, and utilities shall be disconnected at the mains and water pipes drained and winterized. Prior to such disconnections, the vacant building shall be heated to avoid freezing pipes; fuel gas pipe systems shall be maintained gastight, safe and operative condition; and water pipes shall be maintained to avoid leaks and/or breakage.

(5) Fuel tanks shall be maintained so as not to be a hazard or be discontinued in a manner consistent with the Uniform Code.

(6) Swimming pools shall be maintained in a clean and sanitary condition, in good repair and properly fenced and secured.

(7) Yards shall be trimmed and mowed, with the height of grass and weeds being no more than six inches, and with all dead, damaged or diseased trees or shrubs, or any portion thereof, removed or replaced.