[HISTORY: Adopted by the Board of Trustees of the Village
of Massena 5-5-2015 by L.L. No. 2-2015. Amendments noted where applicable.]
It is the intention of the Massena Village Board to protect
the public health, safety and welfare by authorizing the establishment
of procedures to identify, abate and eliminate the presence of blight
upon properties throughout the Village.
A.
Scope. The provisions of this chapter will apply to all properties
in the incorporated portions of the Village of Massena, residential,
commercial and otherwise, and constitute the requirements and standards
for such property.
B.
Applicability. The provisions of this chapter will be deemed to supplement
applicable state and local laws, ordinances, codes and regulations.
Nothing in this chapter will be deemed to abolish, impair, supersede
or replace existing remedies of the Village, county or state or existing
requirements of any other provision of local laws or ordinances of
the Village or county or state laws and regulations. In case of conflict
between any provisions of this chapter and any applicable state or
local law, ordinance, code or regulation, the more restrictive or
stringent provision or requirement will prevail.
Blighted property. The following conditions will be factors
in evaluating whether or not a property is designated as a blighted
property:
A.
A determination by Code Enforcement that the property is in a condition
which poses a serious threat to the safety, health, and/or general
welfare of the community: 50 points.
B.
The owner of the property has been issued a summons and/or has been
prosecuted for any violation of the Code of the Village of Massena,
and the violation(s) associated with such summons and/or prosecution
have not been corrected: 50 points.
C.
The property has attracted or been an instrument of illegal, noxious or deleterious activity as defined in Chapter 218, Public Nuisances, and/or in common law: 50 points.
D.
A determination has been made by the Code Officer that the conditions
upon the property constitute a fire hazard: 50 points.
E.
The property is creating a substantial interference with the lawful
use and/or enjoyment of other space within a structure/building or
within the surrounding neighborhood: 50 points.
F.
The property is determined to be unmaintained by a Village Code Enforcement
Officer/Official based upon evidence of the persistent and continued
existence of the following deleterious conditions:
(1)
Boarded windows, doors, entryways or exits: five points.
(2)
Broken or unsecured windows: 10 points.
(3)
Broken or unsecured doors, entryways or exits: 10 points.
(4)
Excessive litter or debris: 10 points.
(5)
Overgrown grass at least six inches or higher or other overgrown
vegetation or shrubbery: 10 points.
(7)
Broken, unsecured or in disrepair:
(a)
Roof: 10 points.
(b)
Gutters: five points.
(c)
Siding: 10 points.
(d)
Shingles: 10 points.
(e)
Chimney: 10 points.
(f)
Shutters: five points.
(g)
Accessory structures including but not limited to: decks, sheds,
porches, pools, pool houses or cabanas, garages, carports, storage
units, front and rear porches, outside statuary, and fish ponds: 15
points.
(8)
Storage of a junked vehicle: 15 points.
(9)
Damaged, unsightly, unsecured or unpermitted signage or awnings:
15 points.
(10)
Presence of graffiti: 10 points.
(11)
Broken, unsecured or in disrepair fencing: 10 points.
(12)
Broken, unsecured or in disrepair outdoor lighting fixtures:
five points.
(13)
Broken, exposed or hazardously utilized electrical wires, electrical
equipment or extension cords: 15 points.
(14)
Unfinished construction: 20 points.
(15)
Damaged, dead or fallen trees or limbs: 10 points.
(16)
Evidence of fire damage to the property which has not been repaired
or restored: 10 points.
(17)
Peeling or deteriorated paint: five points.
(18)
Presence of stagnant water: 10 points.
(19)
Open or unsecured wells, cesspools or cisterns: 10 points.
(20)
Presence of vermin, rodent harborage and infestation: 30 points.
(21)
Presence of any violation identified within this chapter: 20
points.
(22)
Outdoor storage.
(a)
Presence within/upon an outdoor area of the improper storage
of:
[1]
Refrigerator, washing machine, sink, stove, heater, boiler,
tank, other household appliances, boxes or indoor furniture for a
period in excess of 72 consecutive hours: 10 points.
[2]
Lumber, construction materials, dirt, debris, trash, garbage
or uncovered refuse cans, accumulated refuse or garbage in covered
refuse cans which is not timely or properly disposed of: 10 points.
For purposes of this chapter the following words will have the
following meanings:
A committee comprised of two Village Trustees (appointed
by the Village Mayor) and a Code Enforcement Officer.
An improved or vacant property which meets or exceeds a point
value of 100 points as set forth within this chapter.
A list containing properties within the Village which possess
an accumulation of blight conditions equaling or exceeding a point
value of 100 points.
An official charged with the enforcement and/or administration
of this chapter.
Any mark on the face or surface of, disfigurement, injury,
damage or alteration to the appearance of the property without the
express permission of the owner or person or entity in control thereof.
Extreme disrepair such that a structure or dwelling unit
or commercial space is unfit or unsafe for habitation or occupancy.
Any inscription, mark or design which has been written, etched,
scratched, painted or drawn or otherwise visible upon a premises.
An unregistered motor vehicle not suitable for operation.
Occupancy that exists by virtue of fee ownership, a bona
fide lease agreement, a rent receipt or, if necessary, a utility statement,
and which occupancy is in compliance with federal, state, local laws,
local zoning, local housing, and all other pertinent rules, regulations
and codes.
An area of the Village of Massena defined by its residents
and its distinctive characteristics.
An annual fee imposed upon properties which are listed on
the blighted property inventory list.
A legal and binding agreement between the Village and a given property owner, wherein said property owner proposes to complete specific repairs and/or improvements in order to resolve conditions existing on his or her property as identified by a Code Enforcement Official in accordance with the definition of "blighted property." Such repairs and/or improvements will be outlined on an explicitly fixed timeline and as such will be offered a full exemption from the annual registration fee outlined in § 105-6D. The Blight Committee will have the authority, on behalf of the Village, to execute such restoration agreement.
A period of 60 days or longer during which a building or
structure or part thereof, or land is not legally occupied.
A parcel of land with no structure(s) thereon.
Any space within a building that is or can be rented by or
to a single person or entity for his/her/its sole use and is intended
to be a single and distinct space.
No owner, agent, tenant, business entity, voluntary association,
nonprofit organization, or person in control of real property located
within the Village of Massena will allow, create, maintain or cause
to be created or maintained, any blighted property.
A.
Code Enforcement will be charged with reviewing complaints and conducting
investigations in order to determine if blight exists at the subject
property.
B.
Once a property has been determined to be blighted, Code Enforcement
will prepare and send out notification letters to each property owner.
Such notice will be served by personal service upon the owner or person
in charge of the affected building or structure. If, after a reasonable
effort is made, no such owner or person in charge can be personally
served, such notice will be served by mailing said owner such notice
by means of certified mail, return receipt requested, to the last
known address as shown on the records of the Assessor, and by securely
affixing a copy of such notice upon the door of the affected building
or structure, unless the property is a vacant parcel, in which case
service of the notice by certified mail, return receipt requested
alone will be sufficient.
C.
Notice contents.
(1)
The notice must contain a statement of the date(s) upon which an
inspection was conducted on the property to determine blight, the
address of the blighted property, the specific nature of the blight,
a copy of this chapter, the point rating review of the premises, the
required annual registration fees and the property's placement
on the blighted property inventory list. Said notice will further
notify the owner that if no reasonable proof is offered establishing
the property does not constitute a blighted property, said annual
registration fee will be added to the Village property tax bill for
the premises after 30 days of the date of said notice.
(2)
Any notice to qualifying property owners must also contain an offer
of the opportunity to enter into a restoration agreement with the
Village.
D.
Registration fees. If, after 30 days from the date of the notice
described above, sufficient proof is not presented to establish that
all blight conditions have been remediated, the following registration
fees will be imposed:
(1)
A registration fee of $5,000 will be added to the Village tax bill
for any commercial building or property;
(2)
A registration fee of $2,500 will be added to the Village tax bill
for any residential building or property;
(3)
A registration fee of $2,500 will be added to the Village tax bill
for any vacant parcel.
E.
Any surplus administrative, mitigation or registration costs imposed
by the Village will be used to create a beautification fund, with
the intent of financing the Village's revitalization and antiblight
efforts.
A.
Property owner qualifications. In order to qualify to enter into
a restoration agreement, the property owner must:
B.
Restoration agreement contents. All restoration agreements will include
a definite plan for the resolution of all blight conditions existing
on the blighted premises as identified by a Code Enforcement Official.
C.
Such repairs and/or improvements will be outlined on an explicitly
fixed timeline.
D.
Registration fee exemption. In consideration for entering into a restoration agreement with the Village, the property owner will be offered a full exemption from the annual registration fee(s) set forth in § 105-6D above.
E.
Penalties for noncompliance with restoration agreement terms. Any property owner who does not complete the repairs and/or improvements outlined in a restoration agreement within the established timeline, or otherwise fails to comply with any and all provisions of a restoration agreement, will be subject to the actions described in § 105-9.
Any entity and/or individual that purchases a property registered
on the Village's blighted property inventory list may be offered
certain incentives from the Village.
A.
All incentives are at the complete and absolute discretion of the
Blight Committee. The factors to be considered in granting an incentive
include, but are not limited, to the following: The rating of the
purchased property, the location of the purchased property, the degree
of repair and development necessary, the impact of the proposed project
on the Village's economy, the environmental condition of the
project site(s), and the applicant's liability and other insurance
coverage.
B.
Incentives may include, but are not limited to, a 25% reduction of
certain permit and/or application fees to be collected by the Village
of Massena Building and Code Enforcement Department and/or an acceleration
of the processing of certain permits as issued by the Village of Massena
Building and Code Enforcement Department.
C.
Applicants for an incentive must demonstrate the ability to pay for
their proposed projects either through commitment letters for loans
obtained from a commercial lender of their selection or through the
availability of developer funds.
D.
Any request for an incentive will be made by a property owner making
a written request to the Village of Massena Building and Code Enforcement
Office. Any such request may not be made until after an application
has been made for a building permit for the blighted property at issue,
or an application has been made to initiate an administrative process
which would enable the submission of a building permit application
(such administrative processes include, but are not limited to, the
change of zone process, application for a variance from the Zoning
Board of Appeals, and/or site plan review).
A.
Failure to comply with a restoration agreement. Whenever the owner
of a property will fail to comply with an executed restoration agreement,
the Village Board may authorize and arrange for completion of the
work required to be done under the terms of the restoration agreement
and will provide for the cost thereof to be paid from general Village
funds as directed by resolution of the Village Board. Additionally,
failure to comply with an executed restoration agreement will result
in the placement or retention of the property on the blighted property
inventory list and the imposition of the corresponding annual registration
fees applicable for each year that the offending conditions exist
or remain.
B.
Authority to abate in the absence of a restoration agreement. In
the event that an owner and/or occupant of such land or premises will
fail to abate any violation as described in the definition of "blighted
property" contained herein, the Village Board, after consideration
at a public hearing, may declare said premises to be a nuisance and
thereafter, the Village Board will have the authority to enter onto
such premises where such violation exists, to remedy such violation
and to charge the cost or expense of such remediation against the
owner and establish a lien in the manner provided herein.
C.
Assessment of costs and expenses, liens. A summary of all costs and
expenses incurred by the Village in connection with the abatement
of a violation of this chapter will be provided by the Blight Committee
to the Village Board for review. The total costs and expenses incurred
will then be finally determined by the Village Attorney, after consultation
with the Village Board, and will be reported to the Village Tax Collector.
The amount determined by the Village Attorney will then be added to
the Village tax bill and assessed against the property, and the expense
so assessed will constitute a lien and charge on the premises on which
it is levied until paid or otherwise satisfied or discharged.
