As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING OFFICIAL/CODE ENFORCEMENT OFFICER/INSPECTOR
A duly authorized representative of the City of Kingston,
Ulster County, New York, holding the position of Building Official,
Deputy Building Official, Code Enforcement Officer, Building or Fire
Inspector, or a duly authorized representative of the City of Kingston
Building Department.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
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/mortagee 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.
LOCAL AGENT
The agent designated by the owner or mortgagee upon registration
as required by this chapter.
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 mortagee'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 of the
Office of the Assessor of the City of Kingston; those identified as
the owner or owners on a vacant building registration form; a mortgagee
in possession; a mortgagor in possession; a receiver or assignee of
rents; an executor, trustee, or other person, firm, entity or corporation
in control of the property or premises. Such persons or entities may
have 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 as set forth in §
179-5A below.
The owner or mortgagee of any structures that become vacant
or abandoned 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 Ulster County Clerk,
meet the following requirements:
A. All vacant real property shall at all times be properly maintained.
A vacant building or structure shall be considered properly maintained
if the following requirements are met:
(1) It has all doors and windows and other openings weathertight 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 Kingston. The Building Official shall have
the discretion to determine how long boarding may be permitted.
(3) The building must be maintained in good repair and 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 and appropriately
anchored. The exposed metal and wood surface of such overhanging extensions
shall also be protected from the elements and 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) All bushes must be trimmed so as to provide an unobstructed view
of the front of the house from the public roadway.
(9) Sidewalks and gutters shall be cleaned pursuant to §
355-20 of the Kingston City Code.
(10)
The property shall be maintained in accordance with Chapter
3 of the Property Maintenance Code of New York State.
(11)
All combustibles must be removed from the interior of all buildings
and the exterior of the property.
(12)
Smoke and carbon monoxide detectors shall be installed and maintained
in operable condition at all times.
(13)
The Building Official/Code Enforcement Officer of the City of
Kingston shall be provided with proof of inspection of the premises
by the agent or responsible party at least every 30 days after the
abandonment commences.
(14)
The grounds of the structure, including yards, fences, sidewalks,
walks and driveways, shall be well maintained and kept free from trash
or debris.
B. In addition to the requirements set forth in Subsection
A above, in the case of an abandoned building:
(1) The owner and/or mortgagee shall post a sign affixed to the structure
with a name, address and telephone number of the owner and/or mortgagee
and the owner's and/or mortgagee's 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.
(2) The building shall be maintained in a secured and closed condition,
keeping the grounds in a clean and well-maintained condition and ensuring
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.
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 (owners') 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
for the certificate of abandonment no longer exists and the owner
is in compliance with this chapter.
The owner or mortgagee of any abandoned or vacant property shall
acquire or otherwise maintain liability insurance in the amount of
not less than $300,000 for buildings designated primarily for a one-to-two-unit
residential use and not less than $1,000,000 for any other building,
including but not limited to buildings designated for multifamily,
manufacturing, storage or commercial uses covering any damage to any
person or any property caused by any physical condition of or in the
building. The City of Kingston shall be named as an additional insured
and shall be entitled to notification of any renewal or lapse of coverage
in writing of said policy. The owner and/or mortgagee shall attach
evidence of insurance to the registration statement required by this
chapter. Failure to attach the insurance statement to the registration
form submitted to the City shall cause the registration form to be
invalid. The alternative to insurance is that the owner and/or mortgagee
must supply a cash bond acceptable in form to the Building Official/Code
Enforcement Officer of the City of Kingston in a sum of $10,000 to
secure the continued maintenance of the property throughout its abandoned
or vacant state and to remunerate the City of Kingston for any expenses
incurred in inspecting, securing, marketing or making such building
safe.
If an owner and/or mortgagee shall violate any portion of this
chapter, such person 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.