[HISTORY: Adopted by the Town Board of the
Town of Horseheads 1-23-2008 by L.L. No. 3-2007. Amendments noted where
applicable.]
A.
Authority. This chapter is adopted pursuant to Article
2, § 10, of the Municipal Home Rule Law of the State of
New York.
B.
Findings; purpose. It is hereby found and declared
there exists within the Town a large number of real properties that
are or have the potential to be habitually vacant, and the existence
of such habitually vacant properties contributes to the decline of
neighborhoods and business development within the Town. It is further
found the existence of habitually vacant structures adversely affects
the economic well-being of the Town and is adverse to the health,
safety and welfare of the Town's residents. It is further found that
many of the vacant properties can be rehabilitated, reconstructed,
demolished and/or reused to prevent blighted conditions, so as to
provide decent, safe, sanitary and productive residential, industrial
or commercial facilities and that such rehabilitation, reconstruction,
demolition and/or reuse would eliminate, remedy and prevent the adverse
conditions described above. As such, the purpose of this chapter is
to establish a uniform and effective program to prevent, identify
and remedy the existence of such vacant properties within the Town.
For the purposes of this chapter, the following
words, terms and phrases shall have the following ascribed meanings,
unless the context clearly indicates otherwise. Whenever used, the
singular number shall include the plural, the plural the singular,
and the use of any gender shall include both genders:
All parcels of land located within the Town that are either:
Each and every local, state or federal economic development
program; property enhancement, improvement, revitalization, or protection
program; industrial development agency programs; or similar property
incentive programs or services, as may be available in the Town.
A detailed plan or report prepared by or on behalf of the
subject property owner setting forth the property owner's action plan
to accomplish the redevelopment, renovation, repair, improvement,
safe occupation and full utilization of the at-risk property. Said
detailed plan shall contain both short and long-term goals with estimated
dates of completion regarding the redevelopment, renovation, repair,
improvement, safe occupation and/or full utilization of the property
and, if applicable, a prevention plan to ensure the property does
not become an at-risk property again in the future.
A structure secured by means other than those used in the
designed and approved plans for the structure.
Geographical areas of the Town that possess one or more of
the following characteristics and that are designated as such by resolution
of the Town Board:
Areas in which the Town's primary retail and
commercial centers are located;
Areas of the Town in which the traveling public
primarily travels;
Areas of the Town designated as qualifying for
a specific area-wide property incentive program; or
Areas of the Town in which at-risk properties
are predominately located in relationship to the other areas of the
Town.
The Town of Horseheads.
A structure of portion thereof which lacks the habitual presence
of human beings who have a legal right to be on the premises, including
structures ordered vacated by the Code Enforcement Officer. In determining
whether a structure is unoccupied, the Code Enforcement Officer may
consider these factors, among others:
Whether lawful residential or business activity
has ceased;
The percentage of the overall square footage
of the occupied to unoccupied space or the overall number of occupied
and unoccupied units;
The structure is substantially devoid of contents
of minimal value, of fixtures or personal property in the structure;
The structure lacks utility services;
The structure is subject to a foreclosure action;
or
The presence or reoccurrence of Code violations.
A structure or portion of a structure which is open to entry
by unauthorized persons without the use of tools or ladders.
A structure or portion of a structure which is any one or
more of the following:
Unoccupied and unsecured;
Unoccupied and secured by other than normal
means;
Unoccupied and an unsafe structure as determined
by a Code Enforcement Officer;
Unoccupied and the Code Enforcement Officer
has issued an order to correct Code violations;
Illegally occupied; or
Unoccupied for a period of time over 90 days.
A.
Vacant Structure Commission. The Town hereby designates
the Town Board, or, by resolution, the Town Board shall be authorized
to designate any other Town official, employee, board, commission,
intermunicipal agency, or any individual to be the Vacant Structure
Commission (the "Commission") of the Town.
B.
Responsibilities of the Vacant Structure Commission.
The Vacant Structure Commission shall be responsible for:
(1)
Creating, maintaining, and classifying a list of at-risk
properties within the Town based upon uniform criteria and evaluation
standards developed and adopted by said Commission;
(2)
Encouraging and coordinating interdepartmental and
intermunicipal cooperation and action regarding inspections necessary
to identify at-risk properties in the Town and the enforcement of
the provisions of this chapter;
(3)
Developing and implementing specific strategies to
eliminate identified at-risk properties within the Town.
C.
Submit annual reports. The Commission shall prepare,
submit, present and file a written report to the Town annually. Such
report shall include:
A.
The owner of an unoccupied property shall register
with the Code Enforcement Office, on forms to be promulgated by the
Code Enforcement Office, no later than 90 days after any structure
becomes a vacant structure, as defined herein, or not later than 30
days after being notified by a Code Enforcement Officer of the requirement
to register. A Code Enforcement Officer may identify vacant structures
through the routine inspection process as well as through notification
by residents, neighborhood associations, Town employees, law enforcement
officers or other community groups that a structure may be eligible
for inclusion on the registry. Notice will be served upon, or sent
by mail to, the owner, or any registered property manager, as well
as to the property address. Notice will be deemed received upon personal
delivery or after five days after service by first class mail.
B.
The Town, at its discretion, may post notices on the
Town's website. The Town's failure to post such violations on the
Town's website shall not constitute a defense to any proceeding for
enforcement or collection of fines.
C.
All at-risk properties shall annually be identified
and listed by the Commission.
D.
For all at-risk properties identified and listed by
the Commission, the Commission shall annually evaluate and classify
the properties into the following categories based upon uniform standards
of review, established by resolution of the Town Board, classifying
the level of risk the property poises to the overall future welfare
and economic well-being of the Town and its residents:
A.
Low-risk properties. For all properties classified
in the low-risk category, the Commission shall, at a minimum, do the
following in regards to such properties:
(1)
Annually compile a list of all such properties containing
the following information:
(2)
Annually send a letter to the last known owner of
the property, advising the property owner of the following:
(a)
The property has been classified in the low-risk
category under the terms and conditions of this chapter;
(b)
The property owner may be requested, by the
Code Enforcement Office, to complete and return the property registration
form, to be promulgated by the Town Board containing such information
as deemed relevant by the Commission, without an annual registration
fee.
B.
Medium-risk properties.
(1)
For all properties classified in the medium-risk category,
the Commission shall, at a minimum, do the following in regards to
such properties:
(a)
Annually compile a list of all such properties
setting forth the name and address of the last known property owner
as identified from the Town's most recent tax assessment roll;
(b)
Annually send a letter to the last known property
owner, advising the property owner of the following:
[1]
The property has been classified in the medium-risk
category under the terms and conditions of this chapter;
[2]
The property owner shall be obligated to complete
and return the property registration form, to be promulgated by the
Town Board containing such information as deemed relevant by the Commission,
along with an annual registration fee; and
[3]
A summary of the property incentive programs
known to the Town, if any, that may be available to assist the property
owner in the redevelopment or increased utilization of the identified
medium-risk property. Such summary shall consist of the name, address,
contact information and services offered by such local, state or federal
property incentive program.
(2)
For all properties classified in the medium-risk category,
the property owner of such medium-risk property shall annually complete
and return the property registration form provided to the property
owner under this section and pay the annual registration fee associated
therewith. The annual registration fee shall be determined by resolution
of the Town Board.
C.
High-risk properties.
(1)
For all properties classified in the high-risk category,
the Commission shall, at a minimum, do the following in regards to
such properties:
(a)
Annually compile a list of all such properties
setting forth the name and address of the last known property owner
as identified from the Town's most recent tax assessment roll which
may be published on the Town's website, if any, and in the official
minutes of the applicable Town's regularly scheduled Town Board meeting
next occurring after receipt of such listing by the Town Clerk;
(b)
Annually send a letter to the last known property
owner, advising the property owner of the following:
[1]
The property has been classified in the high-risk
category under the terms and conditions of this chapter;
[2]
The obligation of the property owner to complete
and return the property registration form containing such information
as deemed relevant by the Commission, along with an annual registration
fee; and
[3]
A summary of the property incentive programs
that may be available to assist the property owner in the redevelopment
or increased utilization of the identified high-risk property.
(2)
For all properties classified in the high-risk category,
the property owner of such high-risk property shall annually:
(a)
Complete and return the property registration
form provided to the property owner under this section.
(b)
Pay the annual registration fee associated therewith.
[1]
The annual registration fee shall be determined
by resolution of the Commission.
[2]
In addition, due to the increase costs associated
with monitoring such high-risk properties, the Town Board may establish,
by resolution, an annual increase to the registration fee to offset
such increasing costs and inflationary factors.
(c)
Prepare and file a redevelopment and/or repair
plan with the Commission regarding the property. If the property owner
has previously submitted a redevelopment and/or repair plan regarding
the subject property, such property owner must submit reasonable proof
that positive action in accordance with the redevelopment and/or repair
plan has been taken in regard to such property each year the property
is required to prepare and file such a redevelopment and/or repair
plan.
(d)
Submit reasonable documented proof demonstrating
that the property owner has formally investigated or applied for assistance
from the available property incentive programs relative to redeveloping
or improving the overall condition of the subject property.
A.
B.
Repairs/corrective action.
(1)
For the first year an at-risk property is subject
to the imposition of a remedial measure under this section, and for
each and every year thereafter, the Town may issue an order directing
the property owner to repair or correct any conditions of the property
that may exist thereon, including, but not limited to:
(a)
Doors, windows or other openings into houses,
apartments, structures or commercial structures which are:
(b)
Collapsing or missing walls, floors or roof;
(c)
Exterior walls which contain holes, breaks,
loose or rotting materials which are not properly surface-coated to
prevent deterioration or the paint on which is significantly discolored
or faded;
(d)
Foundation walls which contain open cracks and
breaks;
(e)
Overhang extensions, including, but not limited
to, canopies, marquees, signs, awnings, stairways, fire escapes, standpipes
and exhaust ducts which contain rust, tearing, fading or other decay;
(f)
Chimneys and similar appurtenances which are
in a state of disrepair;
(g)
Screening which contains tears or ragged edges;
(h)
Vermin infestation;
(i)
Garbage, trash, debris, brush piles, or abandoned
vehicles on the premises, unless the premises is a junkyard licensed
by the State of New York or Town;
(j)
Uncut grass, weeds or undergrowth at least one
foot in length;
(k)
A fence with missing or rotted boards or with
broken or ragged links or other material or which, if made from wood,
is not properly surface-coated to prevent deterioration, significant
discoloration or fading;
(l)
Bushes, trees, or brush allowed to grow anywhere
in an area more than one-foot laterally and less than seven feet vertically
over a walkway, driveway or street;
(m)
Accumulation of stagnant or unsanitary water;
(n)
Dead trees deemed hazardous to the public or
to adjacent property;
(o)
Display lights or exterior signs in a broken
or disassembled state;
(p)
Exterior paint significantly chipped or faded;
(q)
Clothing left hanging from trees, shrubs or
fences in the front yard of any residence;
(r)
Interior furniture, furnishing or appliances
left outside, exposed to the elements;
(s)
Accumulations of feces or putrefying substances;
(t)
Vehicles parked on premises unlawfully;
(u)
Graffiti on the property; or
(v)
Similar conditions.
(2)
A property owner served with an order under this subsection
shall comply with such order within 30 days following the service
of such order.
(3)
If a property owner fails to comply with such order
within the time frame set forth therein, the Town may:
C.
At-risk property impact fees.
(1)
If an at-risk property has been subject to the imposition
of a remedial measure under this section for two or more years, the
Town may issue an order, and may issue such order each and every year
thereafter, imposing the assessment of an at-risk property impact
fee against the subject property.
(2)
The at-risk property impact fee shall be established
by resolution of the Town Board annually and be levied and collected
against the property as other similar Town charges.
(3)
In determining the amount to be assessed, the following
criteria shall be considered:
(a)
The amount of administrative costs associated
with implementing this chapter in regard to the subject property;
plus
(b)
Inflationary effects from year to year; plus
(c)
The estimated negative impact costs to the community
caused by the existence of the at-risk property in the Town; plus
(d)
An upward adjustment in the assessment if the
property owner has demonstrated a lack of compliance with the terms
and conditions of this chapter or has historically failed to make
good-faith efforts in improving or redeveloping the subject property.
Such upward adjustment is to be in an amount significant enough to
serve as a warning to others against engaging in the dilatory or neglectful
practice demonstrated by the subject property owner in warranting
the imposition of this upward adjustment.
D.
Demolition surety.
(1)
If an at-risk property has been subject to the imposition of a remedial measure under this section for three or more years, the Town may issue an order, and may issue such order each and every year thereafter, requiring the property owner to deposit or deliver with the Town a surety in an amount sufficient to cover the costs of demolishing the at-risk property if the demolition remedial measure is imposed pursuant to Subsection E of this section.
(3)
Such demolition surety shall be released or returned
to the property owner only upon the subject property's condition being
improved to the point where the property no longer qualifies as an
at-risk property.
E.
Demolition.
(1)
If an at-risk property has been subject to the imposition
of a remedial measure under this section for five or more years, the
Town may issue an order, and may issue such order each and every year
thereafter, directing any and all structures on the subject property
be demolished.
(2)
Such demolition order shall contain the following
information:
(a)
The name and address of the property owner as
it appears on the tax records for the Town;
(b)
A description of the structure or structures
on the subject property that need to be demolished;
(c)
The date by which the property owner must demolish
such structure, said date being no longer than 45 days from the date
of the demolition order; and
(3)
Service and posting. The demolition order shall be
served on the property owner of the subject property as shown by the
records of the Town Receiver of Taxes, County Clerk's office, or County
Register:
(a)
Either personally; or
(b)
By U.S. registered mail, return receipt requested,
if after a good-faith effort to serve the property owner personally
fails or if the property owner is not known or available for personal
service in the County of Chemung; and
(c)
Shall be posted on the property that is the
subject of said order.
(4)
Town removal. In the event the property owner refuses,
fails or neglects to comply with the demolition order issued under
this subsection, the Town may enter upon such property and utilize
Town employees to complete such removal or contract for the removal
of such property by a private entity.
(5)
Recovery of costs. The Town shall first recover the Town's costs for completing such demolition by executing upon any demolition surety posted under Subsection D of this section. For any sums due the Town beyond the amount reimbursed by such demolition surety, the Town shall recover such costs as provided under § 191-7 of this chapter.
F.
Violations.
(1)
In addition to any other remedial measure set forth
herein, or as an alternative to any penalty provided herein or by
law, any person who violates the provisions of this chapter shall
be guilty of a violation punishable by a fine of not less than $50
but not exceeding $350 for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine of not less than $350 nor more
than $700 or imprisonment for a period not to exceed 15 days, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
of not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed 15 days, or both. Each week's continued violation shall
constitute a separate additional violation.
(2)
Such violation shall be commenced in the local justice
court in which the property is located in accordance with the relevant
procedures for violation level offenses as set forth in the New York
State Criminal Procedure Law.
G.
Waiver and alternative remedies.
(1)
Where a person has violated a provision of this chapter,
he/she may be eligible upon a plea of guilty for a waiver, conditional
discharge or alternative remedies in lieu of a civil penalty; the
Town shall have the authority to waive the imposition of any and all
of the remedial measures, upon recommendation of the Town Attorney
and the Code Enforcement Officer, set forth in this section, if the
property owner can establish the following:
(a)
Good cause why the property owner failed to
comply with the necessary requirements under this chapter; and
(b)
The continuing existence of the subject property
in the same condition or state will not present a significant threat
to the health, safety or welfare of the residents of the Town affected
thereby; and
(c)
The violation was unintentional; and
(d)
The violator has no history of previous violations
of this chapter; and
(e)
The violator cooperated in investigation and
resolution; or
(f)
The violator acted quickly to remedy the violation.
A.
Within 30 days after abatement of the violation, the
owner of the property will be notified of the cost of abatement, including
administrative costs. Any expenses incurred by the Town for any action
taken pursuant this chapter concerning cost of the abatement, including
administrative costs and all costs associated with the performance
of such remedial measures, shall be the responsibility of the property
owner of the property upon which the remedial measure was imposed.
B.
The property owner may file a written protest objecting
to the amount of the assessment within 30 days of receiving notification
of the cost of the abatement.
C.
If the amount due is not paid within a timely manner
as determined by the decision of the Town Board or by the expiration
of the time in which to file a protest, the charges shall become a
special assessment against the property and shall constitute a lien
on the property for the amount of the assessment. Any person violating
any of the provisions of this chapter shall become liable to the Town
by reason of such violation. Interest at the rate of 9% per annum
shall be assessed on the balance beginning on the 31st day following
completion of the abatement. Any unpaid abatement charges shall be
added to the property tax bill for the subject property.
A.
On an annual basis, the Commission shall identify
areas of the Town to be classified as strategic development or property
protection areas and forward such recommendation to the Town Board
for consideration and action;
A.
Any person aggrieved by a notice or order of the Commission
in connection with any section of this chapter shall first apply to
the Commission for reconsideration of such notice or order, provided
such application is made within 30 calendar days after the original
notice or order was sent to the owner by certified mail or by way
of personal delivery.
B.
Upon receipt of the appeal, the Commission shall meet
within a reasonable time for the hearing of the appeal and shall advise
the petitioner in writing of the time and place where the appeal will
be heard.
C.
Factors to be considered by Commission. In considering
an appeal, the Commission should consider the following factors:
(1)
Whether there is reasonable evidence to support the
existence of a condition constituting the basis of a notice or order
issued under this chapter;
(2)
Whether an extension of time for compliance or a modification
of the notice or order is appropriate based upon evidence presented
relating to the following:
(a)
There are special circumstances in carrying
out the strict letter of the notice or order as it applies to the
specific case which outweigh the benefits that enforcing such notice
or order would provide to the impacted individuals by the property's
condition and the general public as a whole.
(b)
Such an extension is in harmony with the general
purpose and intent of this chapter in securing the public health,
safety and general welfare.
(c)
The extension will not serve the purpose of
transferring responsibility for compliance to another party by, for
example, sale or transfer of ownership.
(d)
The violations continuing during the period
of the extension will not constitute a imminent danger to the health
and safety of the neighborhood or general public.
D.
Action following appeal hearing. After the completion of the hearing as provided Subsection B of this section, the Commission shall sustain, modify or withdraw the notice or order upon which the appeal had been brought.
E.
Such final decision of the Commission shall be filed
in the office of the Town Clerk of the Town in which the property
is located and either mailed to the petitioner by way of certified
U.S. Mail or personal delivery.
A.
Any person aggrieved by the final decision of the Commission by way of the administrative review required under § 191-9 of this chapter may obtain judicial review of such final decision in the New York State Supreme Court located in the County of Chemung as provided by the Laws of the State of New York, Civil Practice Laws and Rules (CPLR), Article 78, for commencing a proceeding against a municipal entity.
B.
Such judicial review must be commenced within 30 days
of the filing of the final decision in the Town Clerk's office.
Approvals issued pursuant to this chapter do
not relieve the applicant of the responsibility to secure required
permits or approvals for activities regulated by any other applicable
law, code, rule, act, or ordinance.
This chapter shall be in full force and effect
upon filing with the Secretary of State. All prior laws and parts
of law in conflict with this chapter are hereby repealed.
