[HISTORY: Adopted by the Common Council of the City of Rensselaer 9-15-2004 by L.L. No.
5-2004.[1] Amendments noted where applicable.]
The purpose of this chapter 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 vacant properties.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this
section.
- ENFORCEMENT OFFICER
- A duly authorized representative of the Building Department.
- OWNER
- Those shown to be the owner on the records of the City of Rensselaer Assessor's Office, 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 or corporation in control of the premises. Any such person shall have a joint and several obligations for compliance with the provisions of this chapter.
- SECURED BY OTHER THAN NORMAL MEANS
- A building secured by means other than those used in the design of the building.
- UNOCCUPIED
- A building which is not being used for any occupancy authorized by the owner.
- UNSECURED
- A building, or portion of a building, which is open to entry by unauthorized persons without the use of tools or ladders.
- VACANT BUILDING
- A building, or portion of a building, which is:
A.
The owner shall register with the Building Department not later than 30 days after any building located in an area zoned for, or abutting an area zoned for, residential uses becomes a vacant building, as defined in § 85A-2, or not later than 30 days after being notified by the Building Department of the requirement to register. The Department may identify vacant buildings through its routine inspection process as well as through notification of residents and business owners that a building may be eligible for inclusion in the registry.
B.
The registration shall be submitted on forms provided by the Building
Department and shall include the following information provided by
the owner:
(1)
A description of the premises.
(2)
The names and addresses of the owner or owners.
(3)
If the owner does not reside in Rensselaer 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.
(4)
The names and addresses of all known lien holders and all other parties
with an ownership interest in the building.
(5)
A telephone number where a responsible party can be reached at all
times during business and nonbusiness hours.
C.
The owners shall submit a vacant building plan, which must meet the
approval of the Building Department. The plan, at a minimum, must
contain information from one of the following three choices for the
property:
(1)
If the building is to be demolished, a demolition plan indicating
the proposed time frame for demolition.
(2)
If the building is to remain vacant, a plan for the securing of the building in accordance with standards provided in § 121-80, if applicable, along with the procedure that will be used to maintain the property in accordance with Article XI, and a statement of the reasons why the building will be left vacant.
(3)
If the building is to be returned to appropriate occupancy or use,
a rehabilitation plan for the property; the rehabilitation plan shall
not exceed 365 days, unless the enforcement officer grants an extension
upon receipt of a written statement from the owner detailing the reasons
for the extension. Any repairs, improvements, or alterations to the
property must comply with any applicable zoning, housing, building,
and historic district regulations and must be secured during the rehabilitation.
D.
The enforcement officer shall provide the owner with a written referral
to the Planning and Development Agency for information outlining programs
available which may be useful in developing the owner's rehabilitation
plan.
E.
All applicable laws and codes shall be complied with by the owner.
The owner shall notify the enforcement officer of any changes in information
supplied as a 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
the approval of the enforcement officer.
F.
The owner and subsequent owners shall keep the buildings secured
and safe and the building and ground properly maintained as provided
in Chapter 3 of the Property Maintenance Code of New York State. The
exterior of boarding material over openings shall be painted to match
adjacent walls.
G.
Failure of the owner or any subsequent owners to maintain the building
and premises that results in remedial action taken by the City shall
be grounds for revocation of the approved plan and shall be subject
to any applicable penalties by the law.
H.
New owners shall register or reregister the vacant building with
the enforcement officer 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 approval of the enforcement
officer.
A.
Fees.
(1)
The owner of a vacant building shall pay an annual fee of $200 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 the vacant building site.
(2)
The first annual fee 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 Chapter 85, Unsafe Buildings, § 85-17. If a plan is extended beyond 365 days, subsequent annual fees shall be due on the anniversary date.
(3)
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 chapter within 180 days
of its registry.
(4)
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.
B.
The enforcement officer 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.
The Building Department shall inspect any premises in the City
for the purpose of enforcing and assuring compliance with the provisions
of this chapter. Upon the request of the enforcement officer, an owner
may provide access to all interior portions of an unoccupied building
in order to permit a complete inspection. Nothing contained herein,
however, shall diminish the owner's right to insist upon the
procurement of a search warrant from a court of competent jurisdiction
by the enforcement officer or his or her designee in order to enable
such inspection, and the enforcement officer shall be required to
obtain a search warrant whenever an owner refuses to permit a warrantless
inspection of the premises after having been advised of his or her
constitutional right to refuse entry without same.
