[HISTORY: Adopted by the Common Council of
the City of Hornell 10-28-1996 by L.L. No. 3-1996. Amendments noted where
applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 17.
Brush, grass and weeds — See Ch. 115.
Unsafe buildings — See Ch. 120.
Fire prevention and building construction — See Ch. 148.
Garbage, rubbish and refuse — See Ch. 160.
Handbills — See Ch. 167.
Health and sanitation — See Ch. 172.
Housing standards — See Ch. 178.
Noise — See Ch. 198.
Signs — See Ch. 260.
Storage of vehicles and parts — See Ch. 296.
It is hereby found and declared that there exist
in the City of Hornell structures used for residential and nonresidential
use which are or may become in the future substandard with respect
to structure, equipment or maintenance or further that such conditions,
including but not limited to structural deterioration; lack of maintenance
and appearance of exterior of premises; infestation; lack of essential
heating, plumbing, storage or refrigeration equipment; lack of maintenance
or upkeep of essential utilities and facilities; existence of fire
hazards; inadequate provisions for light and air; and unsanitary conditions,
constitute a menace to the health, safety, morals, welfare and reasonable
comfort of the citizens and inhabitants of the City. It is further
found and declared that, by reason of lack of maintenance and because
of progressive deterioration, certain properties have the further
effect of creating blighting conditions and initiating slums and that,
if the same are not curtailed and removed, the aforesaid conditions
will grow and spread and will necessitate in time and expenditure
of large amounts of public funds to correct and eliminate the same
and that, by reason of timely regulations and restrictions as herein
contained, the growth of slums and blight may be prevented and the
neighborhood and property values thereby maintained, the desirability
and amenities of residential and nonresidential uses and neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
The purpose of this code is to protect the public
health, safety, morals and welfare by establishing minimum standards
governing the maintenance, appearance, condition and occupancy of
residential and nonresidential premises; to establish minimum standards
governing utilities, facilities and other physical components and
conditions essential to make the aforesaid facilities fit for human
habitation, occupancy and use; and to fix certain responsibilities
and duties upon owners and operators and distinct and separate responsibilities
and duties upon occupants.
As used in this chapter, the following terms
shall have the meanings indicated:
A structure, the use of which is incidental to that of the
main building, and which is attached thereto or is located on the
same premises. [9NYCRR 606.3(a)(1)].
A flat surface (as of a panel, wall or fence)
on which bills are posted; a large panel designed to carry outdoor
advertising.
A sign or structure which directs attention
to an idea, product, business activity, service or entertainment which
is conducted, sold or offered elsewhere than upon the lot on which
such sign is situated.
Something that impairs or destroys; an impaired condition;
to cause to deteriorate, ruin.
A structure, wholly or partially enclosed within exterior
walls or within exterior or party walls and a roof, affording shelter
to persons, animals or property.
The City of Hornell.
The officer charged with enforcement of building or fire
codes. [9NYCRR 606.3(a)(31)].
The officer employed by the City of Hornell to enforce the
City Code of ordinances of the City of Hornell and this chapter, as
well as the New York State Public Health Law.
Discarded building material, concrete, stones, earth from
excavations or grading and all other refuse resulting from the erection,
repair, demolition or other improvement of property.
To break to pieces: the remains of something broken down
or destroyed; ruins.
The condition or appearance of a building or structure characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, excessive use or lack of maintenance.
A building containing three or more dwelling
units; building containing living, sanitary and sleeping facilities
occupied by one or two families and more than four lodgers residing
with either one of such families; a building with one or more sleeping
rooms, other than a one- or two-family dwelling, used or occupied
by permanent or transient paying guests or tenants; a building with
sleeping accommodations for more than five persons used or occupied
as a club, dormitory, fraternity or sorority or for similar uses;
a building used or occupied as an old-age home or community residence
[9NYCRR 606.3(a)(141)].
A building containing three or more dwelling
units with shared or individual entrances and/or other essential facilities
and services. This term shall not be deemed to include motel, hotel,
rooming house or other accommodations used for more or less transient
occupancy.
A building or portion thereof containing three
or more dwelling units and designed or used for occupancy by three
or more families living independent of each other.
Any premises or open space or any part thereof or any building
or structure that may be lawfully viewed by any member of the public
from a sidewalk, street, alleyway or from any adjoining or neighboring
premises.
Those portions of a building that are exposed to public view
and the open space of any premises outside of any building erected
thereon.
A barrier intended to prevent escape or intrusion or to mark
a boundary, such as a barrier made of posts and wire or boards; an
artificially constructed barrier of wood, masonry, stone, wire, metal
or any other manufactured material or combination of materials erected
for the enclosure of yard areas.
Fully operable for the use intended.
A standard of maintenance that renders a building safe, habitable
and possessed of a neat and orderly appearance.
See "fence."
Any old, discarded or unused waste iron or other metal or
substance, glass, paper, used lumber, rags, machine parts, accessories,
machinery, machines, unregistered motor vehicles which are unfit for
reconditioning, used parts of motor vehicles and any material commonly
known and generally referred to as "junk" in the ordinary and accepted
meaning of the word.
Any tract of land within the City of Hornell on which junk
is placed, collected, stored, kept, maintained or located.
The person in occupancy, in possession or in control of premises
or using premises. [9NYCRR 606.3(a)(149)].
Any person who has charge, care or control of a building
or part thereof.
The owner of the freehold of the premises or lesser estate
therein, a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person, firm or corporation in
control of a building [(9NYCRR 606.3(a)(154)].
For the purpose of § 168-5, Exterior standards, not personal opinion but line of sight of adjoining property owners to include front, rear and side views.
Includes an individual, a partnership, a joint venture, a
corporation, an association and any other organization recognized
as an entity by the laws of the State of New York.
A lot, plot or parcel of land, including the building or
structure thereon. [9NYCRR 606.3(a)(162)].
Land and whatever is erected on, growing on, placed on or
affixed thereto.
Useless waste or rejected matter; noncombustible waste material.
The term shall include the residue from the burning of wood, coal
and coke; and also tin cans, metals, mineral matter, glass, crockery,
dust and other noncombustible matters.
COMBUSTIBLEPaper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture and bedding dunnage and all other materials subject to burning.
NONCOMBUSTIBLEMetal, tin cans, metal furniture, glass, crockery and minerals.
A lettered board or other display used to identify or advertise
a place of business; a posted command, warning or direction; something
that serves to indicate the presence or existence of something; any
structure or part thereof or any device attached to a structure or
painted or represented on a structure which shall display or include
any lettering, wording, model, drawing, picture, banner, flag, insignia,
device, marking or representation used as or which is in the nature
of an announcement, direction or advertisement. A sign includes a
billboard but does not include the flag or insignia of any nation
or of any governmental agency or of any political, educational, charitable,
philanthropic, civic, professional, religious or similar organization,
campaign, drive, movement or event which is temporary in nature.
A combination of materials assembled, constructed or erected
at a fixed location, including, for example, a building, stationary
and portable carports and swimming pools, the use of which requires
location on the ground or attachment to something having location
on the ground.
Something worth little or nothing, as junk, rubbish; something
in a crumbled or broken condition or mass; debris from pruning or
processing plant material.
A.
This chapter establishes certain minimum standards
for the initial and continued occupancy and use of all structures
and does not replace or modify standards otherwise established for
the construction, repair, alteration or use of the structure, the
premises or the equipment or facilities contained therein, as are
required by the New York State Uniform Fire Prevention and Building
Code.
B.
In any case where a provision is found to be in conflict
with any applicable zoning, building, plumbing, electrical, heating,
ventilation, fire or safety code of the City of Hornell, County of
Steuben, State of New York or United States of America, the provision
that establishes the higher standard, as determined by the Code/Health
Enforcement Officer, shall prevail.
The exterior of the premises and the condition
of structures shall be maintained so that the premises and all buildings
shall reflect a level of maintenance in keeping with the standards
of the community and shall not constitute blight from the point of
view of adjoining property owners or lead to the progressive deterioration
of the neighborhood. Such maintenance shall include, without limitation,
the following:
A.
Foundations, porches, decks, steps and walls shall
be in good condition.
B.
Vent attachments shall be safe, durable, smoketight
and capable of withstanding the action of flue gases.
C.
Exterior balconies, porches, landings, stairs and
fire escapes shall be provided with banisters or railings properly
designed, installed and maintained to minimize the hazard of falling
and unsightly appearance.
D.
All permanent signs and billboards exposed to public
view permitted by reason of other regulations or as a lawful nonconforming
use shall be maintained in good repair. Any signs that have become
excessively weathered, those upon which the paint has excessively
peeled or those whose supports have deteriorated so that they no longer
meet the structural requirements of the New York State Uniform Fire
Prevention and Building Code shall, with their supports, be removed
or put into a good state of repair. All nonoperative or broken electrical
signs shall be repaired or shall, with their supports, be removed.
Signs denoting a business which is no longer on the premises shall
be removed within 30 days of the date on which the business ceases
to occupy the premises.
E.
All storefronts and walls exposed to public view shall
be kept in a good state of repair. Storefronts or any portion of the
structure shall not show evidence of excessive weathering or deterioration
of any nature. Unoccupied storefronts shall be maintained in a clean
and neat appearance.
F.
Any awnings or marquees and accompanying structural
members shall be maintained in a good state of repair. In the event
that said awnings or marquees are made of cloth, plastic or of a similar
material and are exposed to public view, such material shall not show
evidence of excessive weathering, discoloration, ripping, tearing,
holes or other deterioration. Nothing herein shall be construed to
authorize any encroachment on streets, sidewalks or other parts of
the public domain.
G.
All vacant buildings shall be continuously guarded
or sealed and kept secure against unauthorized entry. Materials and
methods with which such buildings are sealed must meet the approval
of the Code/ Health Enforcement Officer as to color, design and building
material. Owners of such buildings shall take such steps and perform
such acts as may be required to ensure that the building and its adjoining
yards remain safe and secure and do not present a hazard to adjoining
property or to the public and that such property does not become infested
with vermin or rodents.
H.
Exterior walls, including doors and windows and the
areas around doors, windows, chimneys and other parts of the building,
shall be so maintained as to keep water from entering the building.
Materials which have been damaged or show evidence of dry rot or other
deterioration shall be repaired or replaced and refinished in a workmanlike
manner.
I.
All exposed exterior surfaces shall be maintained
free of broken or cracked glass, loose shutters, railings, aerials,
peeling paint or other conditions reflective of deterioration or inadequate
maintenance. (Surfaces not inherently resistant to deterioration shall
be treated with a protective coating of paint or other suitable preservative.)
Wood, masonry or other exterior materials that will naturally resist
deterioration do not have to be treated but must be maintained in
a neat, orderly, serviceable manner.
J.
Roof drains, overflow pipes, air-conditioning drains
and any other device used to channel water off or out of a building
shall be maintained in a safe and operable condition and shall not
drain onto a public sidewalk, walkway, street, alleyway or adjoining
property,
K.
Lawns shall be cut and bushes, shrubs and hedges shall
be trimmed regularly during the growing season so as to avoid an unsightly
appearance.
A.
Surface or subsurface water shall be appropriately
drained to protect buildings and structures and to prevent the development
of stagnant ponds. Gutters, culverts, catch basins, drain inlets,
stormwater sewers or other satisfactory drainage systems shall be
utilized where necessary. No roof, surface or sanitary drainage shall
create a structural, safety or health hazard by reason of construction,
maintenance or manner of discharge.
B.
Fences and other minor construction shall be maintained
in a safe and substantial condition.
C.
Steps, walks, driveways, parking spaces and similar
paved areas shall be maintained so as to afford safe passage under
normal use and weather conditions. Any holes or other hazards that
may exist shall be filled and necessary repairs or replacement carried
out.
D.
Yards and vacant lots shall be kept clean and free
of physical hazards and rodent harborage and infestation. They shall
be maintained in a manner that will prevent dust or other particles
from being blown about the neighborhood. Open wells, cesspools or
cisterns shall be securely closed or barricaded from access by the
public. All temporary excavations shall be kept covered or barricaded
so as to protect the general public from injury.
E.
All land must be kept free of dead or dying trees
and accumulations of brush, shrubs, weeds, grass, stumps, roots, excessive
and/or noxious growths, garbage, refuse or debris which would either
tend to start a fire or increase the intensity of a fire already started
or cause poisoning or irritation to people or animals or cause or
tend to cause or enhance an unhealthy or dangerous or obnoxious condition
on said property or on any adjacent or neighboring property.
A.
Business units shall at all times be maintained in
compliance with the provisions of this chapter regulating open spaces,
buildings or structures and littering.
B.
No outside storage or accumulation of garbage, crates,
rubbish, refuse or debris shall be permitted at any time, and all
such garbage, crates, rubbish, refuse or debris shall be kept inside
the building or buildings on the premises or in an acceptable enclosure
and shall be regularly collected and removed from the premises.
C.
No shopping baskets, carts or wagons shall be left
unattended or standing in open areas, and the same shall be collected
at the close of business each day by the occupant of such unit and
moved off to the interior of the building or buildings. No one shall
take a shopping basket, cart or wagon off the premises without permission
of the owner and/or a manager.
D.
No mobile refrigeration unit shall be operated on
the premises after the closing of the business conducted thereon unless
such mobile refrigeration unit is electrically operated, except in
an industrial zone.
E.
All fences and planting areas installed on the premises
shall be maintained by the owner of the property. Such maintenance
shall include but not be limited to the replacement of trees and shrubs
which may die and/or otherwise be destroyed, the maintenance and cutting
of lawns and the replacement and/or repair of fences which may become
in disrepair.
F.
Persons owning or occupying property shall keep all
walkways, public or private, abutting said premises free from litter
and trash of whatever nature.
A.
Grounds, buildings and structures shall be maintained
free of insect, vermin and rodent harborage and infestation. Methods
used for exterminating insects, vermin and rodents shall conform to
generally accepted practice.
B.
Where the potential for rodent or vermin infestation
exists, windows and other openings in basements and cellars shall
be closed or appropriately screened with wire mesh or other suitable
materials.
C.
No materials, goods or supplies may be stored in any
front yard or in an exterior or interior side yard. Materials may
be stored in a rear yard, provided that the area used for storage
is screened from neighboring properties by a fence or hedge and that
the method and manner of storage complies with the other provisions
hereof.
A.
Residential, commercial and industrial premises, whether
improved or vacant, shall be maintained free of litter; provided,
however, that this section shall not prohibit the storage of litter
in appropriate private receptacles for collection.
B.
Adequate sanitary facilities and methods shall be
used for the collection, storage, handling and disposal of garbage
and refuse in accordance with the provisions of applicable codes.
Each owner of any building from which garbage, rubbish, mixed refuse,
ashes or other wastes are collected shall provide refuse containers
sufficient in number to hold all collectible wastes which may accumulate.
Containers must be rodentproof and insectproof and watertight and
must be kept covered at all times. Such containers must not be kept
in a front yard or exterior side yard.
C.
No refrigerator may be discarded, abandoned or stored
in a place accessible to children without first completely removing
any locking or latching devices and all doors.
D.
Dumpsters and similar large receptacles shall be shielded
from the public view by means of appropriate landscaping, hedges,
fences or screening. This subsection shall not apply to receptacles
for clothing and the like donated to charity and temporary construction,
demolition dumpsters and similar receptacles. (This subsection will
take effect September 1, 1997.)
E.
Shopping centers, supermarkets and similar business
units shall provide permanent, attractive, decorated litter receptacles
within the premises for public use in sufficient quantity so that
a person will not have to walk in excess of 50 feet to use any such
receptacle.
An occupant of premises shall be responsible
for compliance with this chapter in regard to the following:
A.
Maintenance of that part of the premises which he
occupies or controls in a clean, sanitary and safe condition.
B.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equipment and storage
facilities, in that part of the premises which he occupies or controls
in a clean and sanitary condition and providing reasonable care in
the operation and use thereof
C.
Keeping exits from the building or occupant's portion
thereof clear and unobstructed.
D.
Disposal of garbage and refuse into appropriate facilities
in a clean and sanitary manner, in accordance with any applicable
provisions of the City.
E.
Maintenance of yards, lawns and courts in a clean,
sanitary and safe condition and free from infestation by rodents or
vermin, insofar as said occupant occupies or controls said yards,
lawns or any parts thereof.
F.
The installation and removal of required screens.
G.
Keeping domestic animals and pets in an appropriate
manner and under control, in accordance with any other regulation
of the City.
H.
Elimination of all prohibited uses for that part of
the premises which he occupies, controls or has accessibility thereto.
A.
Responsibilities.
(1)
Owners of premises shall be responsible for compliance
with the provisions of this chapter and shall remain responsible therefor
regardless of the fact that this chapter may also place certain responsibilities
on operators and occupants and regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
(2)
Owners and operators of building shall be responsible
for the proper installation, maintenance, condition and operation
of service facilities and for furnishing adequate heat and hot-water
supply where they have contracted to do so.
B.
Whenever any person or persons shall be in actual
possession of or have charge, care or control of any property within
the City as executor, administrator, trustee, guardian, operator or
agent, such persons shall be deemed and taken to be the owner or owners
of said property within the intent and meaning of this chapter and
shall comply with the provisions of this chapter to the same extent
as the record owner; and notice to any such person of any order or
decision of the Code/Health Enforcement Officer shall be deemed and
taken to be good and sufficient notice, as if such person or persons
were actually the record owner or owners of such property. In instances
where an occupant is responsible or shares responsibility with the
owner for the existence of one or more violations of this chapter,
said occupant shall be deemed and taken to be an owner within the
intent and meaning of this chapter.
A.
The Code/Health Enforcement Officer and or his designee
is hereby authorized and directed to make inspections to determine
compliance with this chapter. Inspections shall be made between the
hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, and every
operator or owner shall cooperate with the Code/Health Enforcement
Officer in providing access to the premises. Whenever the Code/Health
Enforcement Officer determines that there is a violation of the provisions
of this chapter, he shall cause a written notice to be served upon
the owner or operator, which shall include:
(1)
An enumeration of conditions which violate the provisions
of this chapter.
(2)
An enumeration of the remedial action required to
meet the standards of this chapter.
(3)
A statement of a definite number of days from the
date of the notice in which the owner or operator must commence and
complete such remedial action.
(4)
A statement of the penalties for noncompliance, as
set forth herein.
B.
A copy of such notice shall be filed in the City Clerk's
office, and such notice shall be deemed sufficient if served upon
the owner or operator as follows:
C.
Upon failure to comply with said notice, the Code/Health
Enforcement Officer shall issue an appearance ticket returnable in
the City Court.
A.
For purpose of enforcement of this chapter, if work
is being done on the property, either the prime or general contractor
or the owner shall be held responsible.
B.
Materials may be stored in any area of the property
upon which construction is being carried on, provided that the method
of storage and the materials stored are in compliance with the requirements
of this chapter. In no event shall such storage be permitted for a
period exceeding one year.
C.
Drainage crossing the property being developed must
be maintained during the period of development, and no materials may
be stored, land disturbed or other work done to interfere with drainage
or to divert or cause runoff of groundwater or stormwater in an unnatural
fashion.
D.
The person responsible as herein shall take all necessary
and reasonable steps to ensure that there will not be an unusual or
unwarranted amount of dust and debris blown onto or across neighboring
or nearby properties.
E.
Construction roads must be oiled or kept wet or properly
treated to decrease the spread of dust and mud.
F.
A temporary cover, such as rye grass or a mulch, must
be applied on land that has been stripped of its protective vegetation
during the course of its construction to prevent the spread of dust
and mud.
G.
All excavations in or near a public or private walkway
or street must be properly guarded and protected at all times by lights,
flags, barricades or other warnings sufficient in kind and amount
to warn the public of the danger of falling into the excavation.
H.
Temporary electrical service must be through electric
lines that are weather and waterproof, such lines must not cross public
walkways or highways on the ground, nor shall they be placed on the
ground in areas subject to construction equipment traffic.
I.
Grounds and buildings must be kept free of debris
such as broken glass, boards with fastenings protruding and other
articles making travel around the job site dangerous and unsafe.
[Added 12-18-2017[1]]
Sect. 168.14
A.
Legislative findings and purpose. It is the finding of the City Council
that buildings which remain vacant, with access points boarded over,
are unsightly, unsafe and have a negative effect on their surroundings.
This is particularly troublesome in residential neighborhoods and
commercial neighborhoods. Unfortunately, many buildings, once boarded,
remain that way for many years. The purpose of this section is to
establish a program for identifying and registering vacant buildings;
to determine the responsibilities of owners of vacant buildings and
structures; and to speed the rehabilitation of the vacant properties.
B.
ENFORCEMENT OFFICER
OWNER
SECURED BY OTHER THAN NORMAL MEANS
UNOCCUPIED
UNSECURED
VACANT BUILDING
(1)
(2)
(3)
(4)
(5)
(6)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A duly authorized representative of the Code Enforcement
Office, or its designee.
Those shown to be the owner or owners on the records of the
City of Hornell Assessment and Taxation, those identified as the owner
or owners on a vacant building registration form, a mortgagee in possession,
a mortgagor in possession, assignee of rents, receiver, executor,
trustee, lessee, other person, firm, organization, association, partnership,
company or corporation who owns or maintains control of the premises.
Any such person shall have a joint and several obligations for compliance
with the provisions of this section.
A building secured by means other than those used in the
design of the building.
A building which is not being used for an occupancy authorized
by the owner.
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
A building or portion of a building which is:
Unoccupied or unsecured;
Unoccupied and secured by other than normal means;
Unoccupied and an unsafe building as determined by the Codes
Office;
Unoccupied and has multiple housing or building code violations;
Illegally occupied;
Unoccupied for a period of time over 365 days and during which
time the enforcement officer has issued an order to correct code violations.
C.
Vacant building registration.
(1)
The owner shall register with the Codes Department, not later than 30 days after any building located in an area zoned for, or abutting an area zoned for, residential or commercial use in the City becomes a vacant building, as defined in § 168-14B, or not later than 30 days after being notified by the City Codes Office of the requirement to register. The Codes Office may identify vacant buildings through its routine inspection process as well as through notification by residents, neighborhood associations and other community groups that a building may be eligible for inclusion on the registry.
(2)
The registration shall be submitted on forms provided by the Codes
Office and shall include the following information supplied by the
owner:
(a)
A description of the premises.
(b)
The names and addresses of the owner or owners.
(c)
If the owner does not reside in Steuben County or any adjoining
county, the name and address of any third party with whom the owner
has entered into a contract or agreement for property management.
(d)
The names and addresses of all known lienholders and all other
parties with an ownership interest in the building.
(e)
A telephone number where a responsible party can be reached
at all times during business and nonbusiness hours.
(3)
The owner shall submit a vacant building plan which must meet the
approval of the Codes Office. The plan, at a minimum, must contain
information from one of the following three choices for the property:
(a)
If the building is to be demolished, a demolition plan indicating
the proposed time frame for demolition;
(b)
If the building is to remain vacant, a plan for the securing
of the building in accordance with safety standards, if applicable,
along with the procedure that will be used to maintain the property
in accordance with the City codes and ordinances, and a statement
of the reasons why the building was left vacant.
(c)
If the building is to be returned to appropriate occupancy or
use, a rehabilitation plan for the property must be submitted to the
Codes Office. The rehabilitation plan shall not exceed 365 days, unless
the Codes Office grants an extension upon receipt of a written statement
from the owner detailing reasons for the extension. Any repairs, improvements
or alterations to the property must comply with any applicable zoning,
housing, historic preservation or building codes and must be secured
in accordance with safety standards, if applicable, during rehabilitation.
(4)
All applicable laws and codes shall be complied with by the owner.
The owner shall notify the Codes Office of any changes in information
supplied as part of the vacant building registration within 30 days
of the change. If the plan or timetable for the vacant building is
revised in any way, the revisions must be in writing and must meet
with the approval of the Codes Office.
(5)
The owner and subsequent owners shall keep the building secured and
safe and the building and grounds properly maintained as provided
for in the City codes and ordinances.
(6)
Failure of the owner or any subsequent owners to maintain the building
and premises that result in remedial action taken by the City shall
be grounds for revocation of the approved plan and shall be subject
to any applicable penalties provided by the law.
(7)
The new owners shall register or reregister the vacant building with
the Codes Office within 30 days of any transfer of an ownership interest
in a vacant building. The new owners shall comply with the approved
plan and timetable submitted by the previous owner until any proposed
changes are submitted and meet the approval of the Codes Office.
(8)
The Codes Office shall include in the file any property-specific
written statements from community organizations, other interested
parties or citizens regarding the history, problems, status or blighting
influence of a vacant building.
(a)
The owner of a vacant building shall pay an annual fee as set
forth in Subsection H(2) for the period the building remains a vacant
building. The fee shall be reasonably related to the administrative
costs for registering and processing the vacant building owner registration
form and for the costs of the City in monitoring and inspecting the
vacant building site.
(b)
The first-year annual fee shall be $250 and shall be paid no later than 30 days after the building becomes vacant. If the fee is not paid within 30 days of being due, the owner shall be subject to prosecution as prescribed in Subsection H. If a plan is extended beyond 365 days, subsequent annual fees shall be paid as follows:
(c)
The fee shall be paid in full prior to the issuance of any building
permits, with the exception of a demolition permit. The fee shall
be prorated, and a refund may be issued if the building is no longer
deemed vacant under the provisions of this section within 180 days
of its registry.
(d)
All delinquent fees shall be paid by the owner prior to any
transfer of an ownership interest in any vacant building. If the fees
are not paid prior to any transfer, the new owner shall pay the annual
fee no later than 30 days after the transfer of ownership, and subsequent
annual fees shall be due on the new anniversary date.
D.
Exemptions. A building which has suffered fire damage or damage caused
by extreme weather conditions shall be exempt from the registration
requirement for a period of 90 days after the date of the fire or
extreme weather event if the property owner submits a request for
exemption, in writing, to the Codes Office. The decision to grant
an exemption is within the sole discretion of the Codes Office. This
request shall include the following information supplied by the owner:
E.
Inspections. The Codes Office shall inspect any premises in the City
of Hornell for the purpose of enforcing and assuring compliance with
the provisions of this section. Upon the request of the Codes Office,
an owner shall provide access to all interior portions of an unoccupied
building in order to permit a complete inspection.
F.
Vacant building fees. All fees generated by this section shall be
put in a special reserve account to be used for blight remediation.
G.
Assessment. Any and all annual fees that are unpaid for more than
90 days from their due date shall become a special assessment against
the property and shall constitute a lien on the property for the amount
of the assessment.
H.
Penalties for offenses. Any violation of this section shall be punishable
by a fine of not more than $250 and/or 15 days in jail. Each day that
a violation exists shall be considered a separate offense.
A violation of any provision of this chapter
shall be an offense punishable by a fine not less than $50 and no
more than $500 or no more than 15 days in jail. For the purposes of
this chapter, each day continued existence of a violation shall constitute
a separate violation.