Town of Perinton, NY Chapter 167 Property Maintenance

[HISTORY: Adopted by the Town Board of the Town of Perinton 6-12-1996 by L.L. No. 1-1996 (Ch. 58 of the 1976 Code). Amendments noted where applicable.]

§ 167-1 Vacant property maintenance.

The presence of vacant buildings with unkempt grounds is a detriment to the well-being of a neighborhood and has a deleterious effect upon the value of adjacent properties.

§ 167-2 Intent.

In an effort to address the negative impacts vacant buildings with unkempt grounds have upon adjacent properties, the Town of Perinton hereby adopts the following sections.

§ 167-3 Applicability.

The following sections are applicable to properties with residential buildings that have been vacant for more than 30 days and have a yard area that has not been mowed for more than 30 days.

§ 167-4 Definitions; notice.

A. Definitions.

[Added 2-24-2016 by L.L. No. 5-2016]

VACANT BUILDING

A building or structure shall be deemed to be vacant if no person or persons actually currently conduct a lawfully licensed business in any part of the building, or lawfully reside or live in any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupant(s), or tenant(s) on a permanent, nontransient basis. In determining whether a building is vacant, a Code Enforcement Official may consider these factors, among others:

(1) Whether the building is substantially devoid of contents or the minimal value of fixtures or personal property in the building;

(2) Whether the building lacks required utility services;

(3) Whether the building is subject to a foreclosure action;

(4) The duration of vacancy; and/or

(5) The presence or reoccurrence of code violations.

B. Upon receipt of a complaint of a vacant unkempt property, the town shall verify that the subject property has been vacant for a period of time greater than 30 days and shall verify that the grounds have been unkempt for the same time period. Upon verification, the town shall send an order for correction to the property owner requiring correction within seven days. Said order will require, where applicable, that:

(1) The grass be cut to a height of four inches or less.

(2) Any trash, limbs, leaves, brush or grass clippings that have accumulated be removed or properly disposed of.

(3) Said property be maintained in compliance with Subsections A and B above at least once every 14 days thereafter.

§ 167-5 Failure to comply.

A. Failure to comply with the notice will result in the town contracting with a private provider to perform the work.

B. The bill for corrective action, including an administrative fee as set from time to time by the Town Board, will be sent to the property owners. The bill will have a thirty-day due date in which to be paid to the Town Clerk.

[Amended 12-10-1997 by L.L. No. 6-1997]

C. Failure to pay this bill within 30 days will result in the assessment of a 1 1/2% per month (18% annual) penalty being added to the bill. If the bill remains unpaid for more than 90 days, it will be added to the taxes levied against the property. At least 60 days prior to the tax levy, a statement shall be prepared setting forth the fees in arrears, with a brief description of the property for which the services were provided and the name of the person or corporation liable to pay such amount. This statement will be presented to the Town Board, which shall levy the amount remaining unpaid against such property for which the services were provided.