[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.]
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.
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.
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.
A.
VACANT BUILDING
(1)
(2)
(3)
(4)
(5)
Definitions.
[Added 2-24-2016 by L.L.
No. 5-2016]
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:
Whether the building is substantially devoid of contents or
the minimal value of fixtures or personal property in the building;
Whether the building lacks required utility services;
Whether the building is subject to a foreclosure action;
The duration of vacancy; and/or
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:
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.