The Town Board of the Town of Southampton seeks to establish
a process to address the deterioration, crime, and decline in value
of Town neighborhoods caused by property with foreclosing or foreclosed
mortgages located within the Town, and further identify, regulate,
limit and reduce the number of these properties located within the
Town. It has been determined that owner-occupied structures are generally
better maintained when compared to vacant structures, even with a
diligent off-site property owner. Structures owned by individuals
who are economically strained and unable to meet their mortgage obligations
are often not properly or diligently maintained, which contribute
to blight, creation of life safety issues, declined property values,
and have a negative impact on social perception of the residential
areas where they are located. It is the Town Board's further intent
to establish a registration program as a mechanism to help protect
neighborhoods from becoming blighted through the lack of adequate
maintenance of properties that are in foreclosure or foreclosed, and
to provide a mechanism to avert foreclosure actions through timely
intervention, education, or counseling of property owners.
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
ANNUAL REGISTRATION
Twelve months from the date of the first action that requires
registration, as determined by the Town, or its designee, and every
subsequent 12 months the property is registrable. The date of the
initial registration may be different than the date of the first action
that required registration.
[Amended 2-28-2023 by L.L. No. 11-2023]
DEFAULT
The mortgagor has not complied with the terms of the mortgage
on the property, or the promissory note, or other evidence of the
debt, referred to in the mortgage.
ENFORCEMENT OFFICER
Any law enforcement officer, building inspector, ordinance
inspector, ordinance enforcement officer, fire marshal, town attorney's
office investigator, or other person authorized by the Town to enforce
the applicable code(s).
EVIDENCE OF VACANCY
Any condition that, on its own or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but are not limited to, overgrown
and/or dead vegetation; past due utility notices and/or disconnected
utilities; accumulation of trash junk or debris; abandoned vehicles,
auto parts and/or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail; statements by neighbors, passers-by,
delivery agents or government agents; and/or the presence of boards
over doors, windows or other openings in violation of applicable code.
FORECLOSURE or FORECLOSURE ACTION
The legal process by which a mortgagee, or other lien holder,
terminates or attempts to terminate a property owner's equitable right
of redemption to obtain legal and equitable title to the real property
pledged as security for a debt or the real property subject to the
lien. The legal process is not concluded until the property obtained
by the mortgagee, lien holder, or their designee, by certificate of
title, or any other means, is sold to a nonrelated bona fide purchaser
in an arm's length transaction to satisfy the debt or lien.
MORTGAGEE
The creditor, including, but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the mortgage
agreement; or any other person or entity with the legal right to foreclose
on the real property, excluding governmental entities as assignee
or owner.
OWNER
Every person, entity, or mortgagee who, alone or severally
with others, has legal or equitable title to any real property as
defined by this chapter; has legal care, charge, or control of any
such property; is in possession or control of any such property; and/or
is vested with possession or control of any such property. The property
manager shall not be considered the owner.
PROPERTY MANAGER
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this chapter.
REAL PROPERTY
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Town limits.
REGISTRABLE PROPERTY
Any real property located in the Town, whether vacant or
occupied, that is subject to an ongoing foreclosure action by the
mortgagee or trustee, has been the subject of a foreclosure action
by a mortgagee or trustee and a judgement has been entered, or has
been the subject of a foreclosure sale where the title was transferred
to the beneficiary of a mortgage involved in the foreclosure and any
properties transferred under a deed in lieu of foreclosure/sale. The
designation of a "foreclosure" property as "registrable" shall commence
upon filing of a notice of pendency in a court of competent jurisdiction,
and remain in place until such time as the property is sold to a nonrelated
bona fide purchaser in an arm's length transaction or the foreclosure
action has been dismissed.
[Amended 2-28-2023 by L.L. No. 11-2023]
REGISTRY
A web-based electronic database of searchable real property
records, used by the Town to allow mortgagees the opportunity to register
properties and pay applicable fees as required in this chapter.
UTILITIES AND SERVICES
Any utility and/or service that is essential for a building
to be habitable and/or perform a service necessary to comply with
all Town codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
VACANT
Any parcel of land in the Town that contains any building
or structure that is not lawfully occupied.
Pursuant to the provisions of Chapter
262, the Town, or its designee, shall establish a registry cataloging each registrable property within the Town, containing the information required by this chapter.
The provisions of this chapter are cumulative with and in addition
to other available remedies. Nothing contained in this chapter shall
prohibit the Town from collecting on fees, fines, and penalties in
any lawful manner; or enforcing its codes by any other means, including,
but not limited to, injunction, abatement, or as otherwise provided
by law or ordinance.
All registrable property is at risk of being a public nuisance,
or creating a life safety issue, and if vacant or blighted can constitute
a public nuisance, the abatement of which pursuant to the police power
is hereby declared to be necessary for the health, welfare, and safety
of the residents of the Town.
Any Enforcement Officer or any person authorized by the Town
to enforce the sections here within shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this chapter.
Registration fees and penalties outlined in this chapter may
be modified from time to time by a duly adopted Town Board resolution.