[HISTORY: Adopted by the Common Council of the City of Lockport 2-1-2017 by L.L. No. 2-2017. Amendments noted where applicable.]
Hundreds of abandoned properties are blighting neighborhoods
throughout the City of Lockport. The properties are abandoned for
various reasons but mainly due to stalled foreclosures or neglectful
out-of-town owners. Over time, the abandoned properties decay and
become unsecure, which provides the perfect environment for nuisances
such as pests and vagrants. The resulting nuisances depress surrounding
property values and create safety hazards to community residents.
It is the intent of this Council to address the safety risks presented
by abandoned properties and preserve neighboring property values.
As used in this chapter, the following terms shall have the
meanings indicated:
There is a reasonable basis to believe that the property
is not occupied. Said reasonable basis shall, at a minimum, be based
upon documented, periodic inspections of such property over a forty-five-day
period at different times of the day where three or more such inspections
reveal evidence of abandonment. Evidence of abandonment shall include
but not be limited to any of the following conditions:
Overgrown or dead vegetation;
Accumulation of newspapers, circulars, flyers or mail;
Past-due utility notices, disconnected utilities, or utilities
not in use;
Accumulation of trash refuse or other debris;
Absence of window coverings such as curtains, blinds, or shutters;
One or more boarded, missing or broken windows;
The property is open to casual entry or trespass;
Notices of foreclosure posted upon the property; or
The property has a building or structure that is or appears
structurally unsound or has any other condition that presents a potential
hazard or danger to the safety of persons.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the Niagara County Clerk as holding title to the property;
or otherwise having control of the property, including the guardian
of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
Any individual, corporation, partnership or any other group
acting as a unit.
A.
In the event that any owner of any abandoned property as defined in § 137-2 within the City of Lockport shall fail to maintain or repair the same as required by the Charter, City ordinance, and/or New York Property Maintenance Code, such owner may, in addition to or in lieu of other remedies, be served an abatement notice by certified mail to his or her last known address or place of residence, if known, and if not known, then to the address shown upon the records of the City Treasurer for the mailing of tax bills. In the case of a corporate owner, the notice shall be sent to the agent or a principal of the corporation as shown in the records of the City Treasurer for the mailing of tax bills and, if not so shown, then to the Secretary of State designated as agent for the service of process in the State of New York.
B.
The abatement notice shall specify the provisions of the Charter,
City ordinance, and/or New York Property Maintenance Code deemed to
have been violated, require the owner to correct the condition with
15 business days and provide that if the owner fails to do so, the
City shall cause the required work or repair to be made and assess
a lien against the property for the cost of the work or repair together
with an additional fee for costs of inspection and other incidental
costs associated with abating the condition. The notice shall advise
the owner of the right to a hearing, obtained by written request to
the City within the time specified for compliance by the notice. The
notice shall specify the provisions of the Charter, City ordinance,
and/or New York Property Maintenance Code deemed to have been violated
and the right to a hearing before the Property Maintenance Review
Board obtained by written request to the City within 15 business days
of the date of the notice. If the City determines that an immediate
emergency exists, the City may undertake or cause to be undertaken
such work or repair prior to the expiration of the fifteen-day notice
period.
C.
Should such owner fail to comply with the abatement notice, the City
may cause the work or repair to be made by entering contracts therefor
and making payment out of available funds, except that, if the City
determines that an emergency exists, the Code Enforcement Officer/Chief
Building Inspector may order the work or repair to be made by or on
behalf of the City. The City shall keep records of the cost of such
work.
D.
Should the work or repair be performed by or on behalf of the City after notice has been given pursuant to this section and the owner's time for compliance has run out, the City shall advise the owner in writing of the cost of such work or repair, together with an additional administrative fee of $250 for costs of inspection and other incidental costs associated with abating the condition and subsequent thereto, the owner shall have the right to request a hearing before the Property Maintenance Review Board to challenge only the cost of such work or repair within 10 business days of said notice. The cost of the work or repair as finally determined together with the administrative fee and all incidental costs shall be assessed as a lien against the affected property. Notice shall be given to the City Treasurer specifying the property affected by lot and block numbers as the same appear on the Official Tax Assessment Map of the City of Lockport, together with the costs incurred in undertaking such work or repair together with an additional administrative fee of $250 for costs of inspection and other incidental costs associated with abating the condition, and from the hour of filing, the amount of the charges specified in said notice to the City Treasurer shall be a lien upon the property affected thereby. A copy of this notice shall be served by certified mail upon the owner of the affected property, in the manner specified in Subsection A above. The costs specified, if not paid by or on behalf of the owner within 30 business days of notice, shall be added to and collected with the subsequent City property tax levy, and shall bear interest and be enforced as provided by law for other City taxes.
E.
The remedies provided in this section shall not be exclusive. Nothing
in this section shall be construed to apply to occupied properties
within the City of Lockport.
