[HISTORY: Adopted by the Town Board of the
Town of West Seneca as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-29-2018 by L.L. No. 1-2018]
The Town of West Seneca has determined that it is in the interest
of protecting the public health, safety and welfare to maintain, preserve
and improve residential housing by requiring point-of-sale inspection
of all vacant and abandoned residential property as a condition of
the sale of housing.
As used in this chapter, the following terms shall have the
meanings indicated:
The holder of a mortgage and/or note secured by residential
real property, including, as applicable, the original lender under
a mortgage, its successors and assigns, and the holders of credit
instruments issued under a trust indenture, mortgage or deed of trust
pursuant to which such holders act by and through a trustee therein
named.
Real property located within the Town of West Seneca improved
by any building or structure that is or may be used, in whole or in
part, as the home or residence of one or more persons and shall include
any building or structure used for both residential and commercial
purposes.
Shall be defined pursuant to § 1309 of the New
York Real Property Actions and Proceedings Law or if such property
was listed on the statewide vacant and abandoned property electronic
registry pursuant to § 1310 of the New York Real Property
Actions and Proceedings Law one year prior to sale or transfer.
The Town Code Enforcement Officials are hereby designated as
officials to inspect any property subject to this chapter.
A.
No owner or agent or mortgagee of any vacant and abandoned residential
real property shall sell, transfer or otherwise convey an interest
or enter into an agreement to sell, transfer or otherwise convey an
interest in such property, including by land installment contract
or a transfer from a mortgagor to a mortgagee in lieu of foreclosure,
or similar transaction, without first presenting the prospective purchaser
or grantee with a copy of a point-of-sale inspection certificate issued
by the Town of West Seneca inspection officials.
B.
The owner or agent or mortgagee shall arrange to have all properties
subject to the requirements of this chapter inspected by the Town
of West Seneca inspection officials within 10 business days of publication
of the notice of judicial sale. For all other transfers, the owner
or agent or mortgagee shall arrange to have the property inspected
by Town of West Seneca inspection officials not more than 30 days
prior to transfer.
C.
In the event that the vacant and abandoned residential real property
is sold or transferred or conveyed and no point-of-sale inspection
certificate has been issued within 30 days prior to such sale, the
purchaser or transferee shall have the duty to apply in writing to
the Town of West Seneca Code Inspection Bureau within 30 days of the
date of sale or transfer for an inspection of the property and shall
otherwise comply with the requirements of this chapter.
D.
Where the purchaser or transferee has the duty to obtain the point-of-sale
inspection because the owner or agent or mortgagee failed to do so,
any such Building Code or other violations subsequently found shall
be the joint and several liability of the owner or agent or mortgagee
or purchaser or transferee.
A.
Upon successful inspection, the Town of West Seneca inspection officials
will issue a point-of-sale inspection certificate indicating compliance
with Building, Fire and Safety Codes. Such certificate will expire
after a period of 30 days.
B.
If, as a result of the inspection, the inspection officials determine
that Health Code violations, Housing Code violations, hazards, or
structural defects exist on the property, the inspection officials
shall provide written notice either personally or by registered mail
addressed to the address listed in the application for the inspection
of the owner or agent or mortgagee or the purchaser or transferee,
informing the parties of the following:
(1)
The need to repair and correct the violations, hazards, or structural
defects prior to sale or transfer;
(2)
If the property is not brought into compliance within 90 calendar
days of the issuance of the notice of violation, the Town of West
Seneca may correct or repair some or all of the violations;
(3)
If the Town of West Seneca corrects or repairs some or all of the
violations either with Town employees or outside contractors, the
cost and expenses shall be assessed against the land on which the
building or structure is located.
(4)
In addition to the cost or expense of such work ordered by the inspection
officials, there shall be a fee of $200 for administrative costs for
each occurrence.
C.
Waiver of point-of-sale inspection. The Town's Code Enforcement
Official may temporarily waive the requirement of a point-of-sale
inspection certificate as a prerequisite to transfer of title provided
that no later than 10 business days prior to the expected closing
for such transfer or judicial sale:
(1)
The owner or agent or mortgagee makes a written request to the Town's
Code Enforcement Officer and such request includes a written, itemized
quote by a licensed contractor approved by the Town of West Seneca,
which provides for correction of all violations listed;
(2)
The purchaser or transferee files with the Town's Code Enforcement
Officer a written guaranty to correct all violations within 90 days
after the closing or a period of time specified by the Town's
Code Enforcement Officer;
(3)
The owner or agent or mortgagee or purchaser or transferee provides
a sum equal to 150% of the estimated costs contained in the itemized
quote above. Such sum shall be payable by certified check or bank
draft to the Town of West Seneca at closing and held in escrow by
the Town of West Seneca; such sum will be returned to the purchaser
or transferee if the corrections are completed within the time specified
in the guaranty, but which sum will be forfeited to the Town of West
Seneca if needed corrections are not completed within the time frame
specified in the written guaranty.
D.
Violations. The following types of violations are of particular concern
to the Town of West Seneca's vital interest in maintaining property
values, including but not limited to:
(1)
Exterior:
(a)
Roof - chimney.
(b)
Paint - all related carpentry repairs (house and/or garage).
(c)
Porch and step repair.
(d)
Downspouts to storm sewers.
(e)
Replacement of deteriorated windows and/or doors.
(f)
Concrete replacement or major repair.
(g)
Garage replacement or major repair.
(h)
Dead tree removal.
(i)
Fences.
E.
An owner or agent or mortgagee or purchaser or transferee aggrieved
by a notice of violation may appeal from the action to the Town Board,
which shall make a ruling on the appeal.
