[HISTORY: Adopted by the Common Council of the City of Cortland 10-19-2010 by L.L. No.
5-2010. Amendments noted where applicable.]
It is the finding of the Common 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 and neighborhood-commercial neighborhoods.
Unfortunately, many buildings, once boarded, remain that way for many
years. 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 the vacant properties.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this
section:
A duly authorized representative of the Code Enforcement
Office.
Those shown to be the owner or owners on the records at the
City of Cortland Assessors 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 obligation
for compliance with the provisions of this chapter.
Those shown to be the owner or owners of the records at the
City of Cortland Assessor's office, those identified as the owner
or owners on a vacant building registration form; a mortgagee in possession;
a mortgagor in possession; a mortgagee upon the filing of a lis pendens
and/or an action, the purpose of which is to foreclose upon the mortgage
or similar instrument that secures debt upon the real property; assignee
of rents; receiver; executor; trustee; lessee; other person; firm;
or corporation in control of the premises; of any real property which
is in violation of this chapter shall be a responsible party for compliance
with the provisions of this chapter.
[Added 10-21-2014 by L.L. No. 8-2014]
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 and unsecured;
Unoccupied and secured by other than normal means;
Unoccupied and an unsafe building as determined by the Code
Enforcement Office;
Unoccupied and has multiple housing or building code violations;
Illegally occupied;
Unoccupied for a period of time over 180 days, and during which
time the Enforcement Officer has issued an order to correct code violations.
[Added 10-21-2014 by L.L. No. 8-2014]
It is the responsibility of each owner to maintain their property
in accordance with the provisions of this chapter. Where applicable,
tenants or lessees shall receive enforcement notices in connection
with enforcement; however, the owner is ultimately responsible for
compliance with this chapter.
A.
The owner shall register with the Code Enforcement Office not later
than 30 days after any building in the City becomes a vacant building
or not later than 30 days after being notified by the Code Enforcement
Office of the requirement to register. The Code Enforcement 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.
B.
The registration shall be submitted on forms provided by the Code
Enforcement Office and shall include the following information supplied
by the owner:
(1)
A description of the premises.
(2)
The names, mailing address, e-mail address and telephone numbers
of the owner or owners.
(3)
If the owner does not reside in Cortland County or in a county contiguous
with Cortland County, the name, mailing address, e-mail address and
telephone numbers of any third party with whom the owner has entered
into a contract or agreement for property management within a twenty-five-mile
radius of the City of Cortland.
(4)
The names, mailing address, email address and telephone number of
all known lienholders 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.
(6)
A statement whether the building is currently insured by a policy
of fire insurance and, if so, the name, address and telephone number
of the insurance company and the insurance agent and the amount of
the coverage. If the building is not currently covered by fire insurance,
the owner shall set forth the reason(s) why it is not so covered.
(8)
The name, street address and telephone number of a natural person
21 years of age or older, designated by the responsible person as
the authorized agent for receiving process, in any court proceeding
or administrative enforcement proceeding, on behalf of such responsible
party or parties in connection with the enforcement of provisions
of this chapter. This person must maintain an office in Cortland County,
NY, or must actually reside within Cortland County, NY. An owner who
is a natural person and who meets the requirements of this subsection
as to location of residence or office may designate themself as an
agent. By designating an authorized agent under the provisions of
this subsection the owner is consenting to receive any and all notices
under the provisions of this chapter, the responsible party is consenting
to receive any and all notices of code violations concerning the registered
real estate and all process in any court proceeding or administrative
enforcement proceeding brought to enforce code provisions concerning
the registered real estate by service of the notice or process on
the authorized agent. Any responsible party who has designated an
authorized agent under the provisions of this chapter shall be deemed
to consent to the continuation of the agent's designation for the
purposes of this subsection until the responsible party notifies the
Code Enforcement Office of a change of authorized agent or until the
responsible party files a new annual registration statement. Any responsible
party who fails to register vacant real property under the provisions
of this chapter shall further be deemed to consent to receive, by
posting at the real estate any and all notices of code violations
and all processes in an administrative proceeding brought to enforce
code provisions concerning real estate.
[Added 10-21-2014 by L.L. No. 8-2014]
C.
The owner shall submit a vacant building plan which must meet the
approval of the Enforcement Officer. 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, along with the procedure that will be used to maintain the
property 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, alterations to or demolition
of the property must comply with any applicable zoning, housing, historic
preservation or building codes and must be secured as per local code,
if applicable, during the rehabilitation.
D.
The Enforcement Officer shall provide the owner with a written referral
to the Office of Community Development 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 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.
All vacant buildings shall be kept secured or shall be kept boarded up, both as defined in Subsection F(1), and shall be maintained in accordance with Subsection F(2) of this section. Also, once a building has been vacant for a period of three months or more, its owner shall provide evidence, as described in Subsection F(3) of this section, that said owner is proceeding in an expeditious manner to remove the building from its vacant status.
(1)
The term "secured," for the purposes of this section, shall mean
that all means of ingress and egress, including but not limited to
all doorways and windows, shall be in a good state of repair, without
any broken glass or other damage that might allow entry or create
an eyesore, and shall be securely locked. Any building that is not
so secured shall be promptly "boarded up," meaning that all means
of ingress and egress at all floor levels shall be covered over, as
specified hereinafter, so as to ensure the continued security of the
building and to reduce the negative impact on the neighborhood. Boarding
up shall be done by utilizing the following minimum materials and
methods unless another equivalent system is proposed in writing and
approved by the Code Enforcement Officer:
(a)
Exterior-grade plywood or sheathing-grade particle board, at
least 1/2 inch thick, shall be used for boarding material. It shall
be cut to fit neatly into each opening so that it covers the entire
window or door frame but does not overlap onto the adjacent wall surfaces.
(b)
Openings in excess of three feet wide shall be braced by installing
at least one two-inch-by-four-inch wood stud, or equal, at the midspan
and for the full height of the opening.
(c)
The boarding material shall be secured to the building by sixpenny
(minimum size) coated nails spaced no more than six inches on center
at the edges and 12 inches on center at any intermediate bracing,
except that one doorway shall be secured in such a manner that it
can provide access to the building by authorized persons. If such
door contains any glass panels or wood panels less than one-inch thick,
it shall be entirely covered with boarding material.
(d)
The door shall be secured with at least two keyed locks, and
its hinges shall have concealed fastenings.
(e)
All boarding material shall be finished on the exterior with
one coat of primer and two coats of exterior-grade paint in color
matching that of the adjacent walls.
(f)
The secured building shall be provided with adequate ventilation
to prevent the accumulation of moisture which might deteriorate the
finishes and the structure. Adequate ventilation shall be deemed to
be a minimum of two louvered and screened ventilation openings, each
having an opening size of at least 144 square inches and placed in
opposite walls of the building at the uppermost floor level. Interior
doors at all floor levels shall be left in the open position in order
to allow circulation of air. If circulation of air within and between
all floors is not possible using only two vents, then additional vents
shall be installed to achieve such circulation.
(2)
In addition to securing or boarding up the building, the following
minimum requirements shall be met for all vacant buildings:
(a)
The roof shall be structurally sound and weathertight. Any damaged
or missing rafters, decking or roofing materials shall be repaired
or replaced with equivalent material but in no case less than two-by-six-inch
wood rafters, one-half-inch-thick exterior plywood and ninety-pound
roll roofing, respectively, all installed in a workmanlike manner.
(b)
All combustible trash and debris shall be removed from the building.
Any portions of the exterior of the main building or accessory buildings,
including but not limited to walls, porches, stairs, parapet walls
and chimneys, that are deteriorated so as to be in danger of collapse
or to otherwise constitute a hazard or allow penetration of water
into the building shall be repaired or replaced or otherwise made
safe and weathertight.
(c)
The grounds surrounding the building shall be cleared and kept
cleared of all litter, rubble, debris, trash and junk and of all grass
or weeds in excess of six inches in height.
(3)
When it is required by this chapter that a building be boarded up,
it shall be the responsibility of the owner to have the electric and
gas service, if any, temporarily shut off from the building by contacting
the power provider's customer service. Service may not be reconnected
until repair and rehabilitation work or occupancy actually commences.
(4)
All plumbing and heating systems that contain water shall be completely
drained and kept empty between October 15 and April 15, and an antifreeze
solution shall be added to all plumbing traps in the building. This
shall not apply if the building is adequately heated during that time
period.
(5)
The owner shall arrange to provide access to the interior of the
building by representatives of the Code Enforcement Office to inspect
for compliance with the requirements above that pertain to the interior.
However, the Code Enforcement Officer shall not conduct such an inspection
without the consent of the owner, unless the Code Enforcement Officer
has first obtained a warrant from a court of competent jurisdiction.
(6)
The owners of buildings which for any reason remain vacant for a
period of three months or more shall be subject to the procedures
of this section. By the end of such three-month time period, the owner
of the vacant building shall demonstrate to the Code Enforcement Office
that said owner has taken all positive action to abate the vacancy
of the building in an expeditious manner. This action may include
but is not limited to:
(a)
Applying for and obtaining a work permit to repair and rehabilitate
the building, or to demolish it, and proceeding with the work in a
timely fashion;
(b)
Providing competent evidence that the building is listed for
sale by a licensed realtor and is being advertised for sale at least
once a month in a local newspaper or other journal. Should the property
remain unsold six months after the initial listing, the responsible
party shall provide the Code Enforcement Offices with a current market
analysis that provides evidence that the property's listed sales price
is reasonable. Thereafter the responsible party shall furnish the
Code Enforcement Office additional market analysis each six months
thereafter that the property remains unsold. The responsible party
shall adjust the listed sales price to reflect each market analysis.
[Amended 10-21-2014 by L.L. No. 8-2014]
(c)
Providing a proposed schedule of action to undertake repair
and rehabilitation of the building, including a detailed financial
plan for its accomplishment.
G.
The Code Enforcement Office shall examine or cause to be examined every building reported as unsafe, damaged or vacant and shall make a written record of each such examination. They shall have inspected once a month, or as frequently as is necessary, all buildings that are vacant or abandoned so as to ensure that they are properly secured or boarded up and maintained. Fees shall be billed pursuant to § 100-16.
[Amended 2-4-2020 by L.L. No. 1-2020]
H.
Whenever the Code Enforcement Office shall find a building or structure
or a portion thereof to be an unsafe or vacant building, they shall
give the owner, agent or person in control of such building or structure
written notice stating the defects thereof. This notice shall require
the owner within a stated time either to complete specified repairs
or improvements or to demolish and remove the building or structure
or portion thereof.
I.
If the Code Enforcement Officer finds that there is actual and immediate
danger of failure or collapse so as to endanger life, such notice
shall require the building, structure or portion thereof to be vacated
forthwith and not reoccupied until the specified repairs and improvements
are completed, inspected and approved by the building official. The
Director of Code Enforcement shall cause to be posted at each entrance
of such building a notice which includes the statement: "This building
is unsafe, and its use or occupancy has been prohibited by the Director
of Code Enforcement, City of Cortland." Such notice shall remain posted
until the required repairs or demolition is completed. It shall be
unlawful for any person, firm or corporation, or their agents or other
servants, to remove such notice without written permission of the
Code Enforcement Officer, or for any person to enter the building
except for the purpose of making the required repairs or of demolishing
the same.
J.
In the event that an owner or other interested party fails, neglects
or refuses to comply with a notice to repair or remove a dangerous
building or structure within the time limits specified in the notice
provided for herein, the Code Enforcement Officer shall, upon order
of the Common Council, promptly cause the affected building or structure
to be repaired or removed. For this purpose they may at once enter
such building or structure and with such assistance and at such cost
as may be necessary.
K.
The Code Enforcement Officer may vacate adjacent structures and protect
the public by appropriate barricades or such other means as be necessary
and for this purpose may close a public or private way. For this purpose,
a vacant building or the grounds around it that is so poorly maintained
that, in the opinion of the Code Enforcement Officer, the property
is in violation of any applicable state or local property maintenance
regulations shall also constitute such an emergency empowering the
City to take responsive action under this chapter.
L.
Costs incurred by the City in connection with proceedings to repair or remove a building or structure, as provided under Subsections J and K of this section, including the cost of actually repairing or removed the same, shall be assessed against the land on which said building or structure is located and shall be collected by the Director of Administration and Finance in the same manner as other special assessments are collected. 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 provided by the law.
M.
The Code Enforcement Officer shall cause such vacant buildings to
be inspected on a quarterly basis and shall notify the owner or agent,
at the address filed with the Code Enforcement Office, of any accumulation
of trash, debris, rodent infestation, the failure to keep said building
secured or other violation of law, ordinance, City or state code or
regulation at the premises.
(1)
The owner shall have seven days from receipt of said notice to correct such conditions, unless the Code Enforcement Officer is of the opinion that a vacant building or any structure is, for any cause, dangerous to the health, safety and welfare of the public or is unfit for occupancy, in which case the provisions of Chapter 104 of the Code of the City of Cortland shall apply.
(2)
If the owner fails to correct such conditions, the City may enter
on the property, correct said condition and assess the cost of such
work against the property.
N.
New owners shall register or re-register 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 meet the approval of the Enforcement
Officer.
[Amended 10-21-2014 by L.L. No. 8-2014; 2-4-2020 by L.L. No. 1-2020]
A.
The owner of a vacant building shall pay an annual fee as set forth in Subsection B of this section for the period the building remains a vacant building.
C.
The vacant building shall be registered prior to the issuance of
any building permits, with the exception of a demolition permit.
D.
The vacant building registration fee shall be applied by the Chief
Building Official toward the cost of any building permit fees otherwise
owed for work proposed at the building for which the vacant building
registration fee was paid.
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.
A.
A building which has suffered fire damage or damage caused by extreme
weather events shall be exempt from the registration requirement for
a period of 180 days after the date of the fire or extreme weather
event, if the property owner submits a request for exemption, in writing,
to the Code Enforcement Officer. This request shall include the following
information supplied by the owner:
The Code Enforcement 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 their 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 their constitutional
right to refuse entry without same.
The Code Enforcement Department shall submit a quarterly report,
not later than April 15 of each year, to the Mayor and Common Council,
listing all buildings in the City declared vacant under the provisions
of this chapter, the date upon which they were declared vacant and
whether a vacant building registration and vacant building plan has
been filed for the building. The report shall additionally include
a list of all previously declared vacant buildings which are no longer
subject to the provisions of this chapter.
