As used in this chapter, the following terms shall have the
meanings indicated:
AGENT
The agent designated by the owner or mortgagee upon registration
as required by this chapter. An agent does not have to reside or have
an office within the County of Orange, New York.
EVIDENCE OF VACANCY
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but not be limited to, overgrown
and/or dead vegetation, accumulation of abandoned real property, as
defined herein, statements by neighbors, passers-by, delivery agents
or government agents, among other evidence that the property is vacant.
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.
MORTGAGE
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 in the
Office of the Assessor of the City of Port Jervis; those identified
as owner or owners on a vacant building registration form; a mortgagee
in possession; a mortgagor in possession; a receivor or assignee of
rents; an executor, trustee, or other person, firm, entity or corporation
in control of the property or premises; persons or entities may have
a 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.
VACANT OR ABANDONED BUILDING OR PROPERTY
A building or property or portion of same which is unoccupied
and unsecured; unoccupied and secured by other than normal means;
unoccupied and unsafe as determined by the Building Official/Code
Enforcement Officer of the City of Port Jervis; unoccupied and has
multiple housing or Building Code violations; illegally occupied;
unoccupied and the subject of Code violation notices issued by the
Building Official/Code Enforcement Officer of the City of Port Jervis.
This shall not include individual condominium units or other individual
units in a common-interest community where all exterior elements and
common areas are jointly owned and maintained by a homeowners'
or community association.
The owner or mortgagee of any structures that become abandoned
or vacant property, and any person designated as an agent or responsible
for maintaining such structure or vacant property, shall within 30
days of the structure becoming abandoned or 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 Orange County
Clerk:
A. Close and secure the structures owned by or mortgaged to the applicant
as imposed by this chapter and/or the State of New York or as set
forth in the rules and regulations provided by the Building Official/Code
Enforcement Officer of the City of Port Jervis.
B. Insure that the grounds of the structure, including yards, fences,
sidewalks, walks and driveways, are well maintained and kept free
from trash or debris.
C. Post a sign affixed to the structure with a name, address and telephone
number of the owner and/or mortgagee and the owner and/or mortgagees'
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 E-mail" and shall be placed in
a location where it is clearly legible from the nearest public street
or sidewalk, whichever is nearer.
D. Maintain the structure in a secured and closed condition, keep the
grounds in a clean and well-maintained condition and insure 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.
E. New owners shall register or re-register the abandoned or vacant
building or properties with the Building Official/Code Enforcement
Officer within 30 days of any transfer of ownership interest in the
abandoned or vacant building or property whether or not the deed to
said property has been recorded with the Orange County Clerk.
F. All vacant real property shall at all times be properly maintained.
A vacant building or structure shall be considered properly maintained
if:
(1) It has all doors and windows and other openings weather-tight and
secured against entry by the general public as well as animals.
(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. No temporary measures shall be permitted
such as tarps, canvas, plastic, boards, etc. Temporary boarding of
windows may be permitted upon application and consent by the Building
Official of the City of Port Jervis. The Building Official shall have
the discretion to determine how long boarding may be permitted.
(3) The building must be maintained in good repair, 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, appropriately
anchored. The exposed metal and wood surface of such overhanging extensions
shall also be protected from the elements 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) The property contains a posting with the name and twenty-four-hour
contact phone number of the local individual or property management
company responsible for the maintenance. This sign must be posted
on the front of the property so it is clearly visible from the street.
(9) All bushes must be trimmed so as to provide an unobstructed view
of the front of the house from the public roadway.
(10)
Snow removal pursuant to §
464-43A and
B of the Port Jervis City Code.
(11)
Grass and weeds compliance pursuant to §
417-1A and
B of the Port Jervis City Code.
(12)
Yards and lawns requirements pursuant to §
319-12B(8) of the Port Jervis City Code.
(13)
All combustibles must be removed from the interior of all buildings
and the exterior of the property.
(14)
Smoke and carbon monoxide detectors are installed and maintained
in operable condition at all times.
(15)
The Building Official/Code Enforcement Officer of the City of
Port Jervis is provided with proof of inspection of the premises by
the agent or responsible party at least every 30 days after the abandonment
commences.
The Building Official/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 Building Official/Code Enforcement Officer or his/her
designee determining a property has been abandoned, he/she shall cause
a certification of abandonment 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) last known address.
A. Upon the Building Official/Code Enforcement Officer filing a certification
of abandonment, the Building Official/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 Building Official/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 abandoned may petition the Building
Department to remove the certification of abandonment by providing
proof to the Building Official/Code Enforcement Officer that the basis
of the certificate of abandonment no longer exists and the owner is
in compliance with this chapter.
The City of Port Jervis shall establish an online registry of
all properties registered with the City under this chapter and shall
include a procedure by which citizens can provide the Building Official/Code
Enforcement through electronic means with information on unregistered
properties that may be subject to this chapter.
If an owner and/or mortgagee shall violate any portion of this
chapter, they 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. Any unpaid fees, charges
or penalties shall be levied on City tax bills annually.
Owners and/or mortgagees shall not pay a fee but must register
a property that is in the process of foreclosure or foreclosed. If
occupants change after a property is registered, a new registration
form must be filed by the owner/mortgagee with the new occupant information
included. In the event that the property becomes unoccupied, the sections
of this chapter relating to unoccupied properties shall apply.