[Added 4-13-2010 by L.L. No. 1-2010; amended 6-24-2014 by L.L. No.
13-2014]
It is the finding of this 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 all neighborhoods. Unfortunately, many buildings, once
boarded, remain that way for many years. The purpose behind this article
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.
It is the further intent of this City Council that condominiums are
exempt from coverage of this legislation.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have the meanings indicated:
The Commissioner of Housing and Buildings.
A duly authorized representative of the Department of Housing
and Buildings, the Police Department, Department of Public Works and
the Fire Department.
A building or space that meets or exceeds the New York State
minimum requirements for human occupancy.
[Added 6-30-2015 by L.L.
No. 15-2015]
Those shown to be the owner or owners on the records of the
City of Yonkers, Department of Assessment, 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 section.
A bond, letter of credit, cash escrow or other acceptable
form of guaranty, as determined by the Commissioner, to cover the
City's potential cost of correcting code violations or abating
unsafe or imminently dangerous conditions. The sufficiency of such
performance guaranty shall be determined by the Commissioner after
consultation with the Corporation Counsel and other officials and
agencies of the City of Yonkers as appropriate.
A building secured by means other than those used in the
design of the building.
A building which is vacant or is not legally being used for
an occupancy authorized by the owner.
A building or portion of a building which is open, accessible
or an attractive nuisance.
A building which in whole or in part is:
Unoccupied;
Unoccupied and unsecured;
Unoccupied and secured by other than normal means;
Unoccupied as determined by the appropriate City, county or
state department or agency;
Unoccupied and has multiple housing or building code violations;
Illegally occupied and/or not habitable;
[Amended 6-30-2015 by L.L. No. 15-2015]
Unoccupied for a period of time of 45 days, unless good cause
can be shown to the Commissioner of Housing and Buildings that would
warrant an extension of three months;
Unoccupied and has exterior violations.
A.
The owner shall register with the Department of Housing and Buildings
not later than 30 days after any building located in the City becomes
a vacant building or not later than 30 days after being notified by
the Department to register. The Enforcement Officer 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.
The owner shall register the property annually with the Department
of Housing and Buildings. The renewal date shall be January 31 of
each year.
[Amended 6-30-2015 by L.L. No. 15-2015]
B.
The registration shall be provided on forms provided by the Department
of Housing and Buildings and shall include, among other matters, the
following information supplied by the owner:
(1)
A description of the premises, address, block and lot number;
(2)
The names, addresses and phone numbers of the owners;
(3)
The name, address and phone number of any person contracted by the
owner for property management;
(4)
The names, addresses and phone numbers of all known lien holders
and all other parties holding an ownership interest in the property;
and
A telephone number where a responsible person and owner can
be reached at all times.
C.
The owners shall submit a vacant building plan which must meet the
approval of the Commissioner. 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 under a permit
application filed with the Department of Housing and Buildings, indicating
the proposed time frame for the building to be demolished, an affidavit
executed by the owner that he will assume all costs associated with
the demolition, and a performance guaranty.
(2)
If the building is to remain vacant, a plan for the securing of the
building in accordance with standards provided by the Department of
Housing and Buildings, if applicable, such plans must be filed along
with the procedure that will be used to maintain the property in accordance
with the Yonkers Building Code, and a statement of the reasons why
the building will be left vacant and for what time period the building
will be vacant, and a performance guaranty, all of which must be acceptable
to the Commissioner.
(3)
If the building is to be returned to appropriate occupancy or use,
a rehabilitation plan for the property and a performance guaranty
shall be provided. The rehabilitation plan shall not exceed 365 days,
unless the Commissioner 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, historic preservation or building
codes and must be secured in accordance with the City Code, or with
the directions of the Commissioner, during the rehabilitation or until
a new certificate of occupancy or certificate of completion has been
issued.
D.
All applicable laws and codes shall be complied with by the owner.
The owner shall notify the Department of Housing and Buildings 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 mast
be in writing and must meet the approval of the Commissioner.
E.
The owner and subsequent owners shall keep the building secured by
any means necessary and/or required to keep the building safe and
secured while properly maintaining said building at all times as provided
for in this article. Failure of the owner or any subsequent owners
to keep the building secure and safe and/or maintain the building
and premises that result in remedial action taken by the City shall
be grounds for the revocation of the approved plan and shall be subject
to any applicable penalties provided by law.
F.
The new owners shall be required to register the vacant building
with the Department of Housing and Buildings within 30 days of any
transfer of an ownership interest in a vacant building. The new owners
shall comply with the approved plan, the performance guaranty, if
required, and the timetable submitted by the previous owner until
any proposed changes are submitted and meet the approval of the Commissioner.
G.
Vacant building fees.
(1)
The owner of a vacant building shall pay an annual fee as set forth in Subsection G(3) for the period the building remains a vacant building. The fee shall be paid within 30 days after the building becomes vacant. If the fee is not paid within such time, the owner shall be subject to penalties and any additional fees that may be imposed at a trial or an administrative hearing. 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.
(3)
The following fees are hereby imposed:
[Amended 6-30-2015 by L.L. No. 15-2015; 5-14-2019 by L.L. No. 5-2019]
|
Property Type
|
Year 1
|
Each Subsequent Year
| |
|---|---|---|---|
|
Residential
|
First unit $1,000; each additional unit $600
|
First unit $2,000; each additional unit $1,000
| |
|
Commercial
|
$3,000 or $0.40 per square foot, whichever is greater
|
$5,000 or $0.50 per square foot, whichever is greater
|
(4)
If the fee is not paid within 30 days of being
due, the owner shall be subject to a penalty of $500 per month and
prosecution in court or an administrative hearing. If a plan is extended
beyond 365 days, subsequent annual fees shall be due on the anniversary
date. Any fee not paid at this time shall be subject to payment of
an additional penalty of $500 per month for each month the fee remains
unpaid, such additional penalty coming due on the first day of each
month. If any penalty is not paid within 30 days of the due date,
the owner shall be subject to prosecution in court and/or an administrative
hearing.
[Amended 5-14-2019 by L.L. No. 5-2019]
(5)
The fee shall be paid in full prior to the issuance of any building
permits, certificates of occupancy or certificates of completion,
with the exception of any demolition permit.
[Amended 6-30-2015 by L.L. No. 15-2015]
(6)
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 anniversary date of the filing of
the registration form.
H.
The Department of Housing and Buildings shall provide to owners of
vacant buildings a proof of registration that must be displayed in
a clearly visible place at the main access point of said property.
This registration will be valid for a period of 365 days after the
initial registration of said property, and shall be replaced annually
upon renewal of registration, and serve as on-site certification of
said property's compliance with this article.
[Added 6-24-2019 by L.L.
No. 9-2019]
I.
In accordance with the standards set forth by the Department of Housing
and Buildings, if applicable, buildings determined to be vacant in
excess of 180 days, or determined to be otherwise out of compliance
by the Department of Housing and Buildings, requires the owner to
maintain, at owner's cost, the exterior of the structure, and
all exterior doors, windows, skylights, and similar openings.
[Added 6-24-2019 by L.L.
No. 9-2019]
J.
Exterior walls, doors, windows, skylights, and similar openings shall
be maintained weathertight and in good condition, as determined by
the Department of Housing and Buildings. Surfaces not inherently resistant
to deterioration shall be treated with a protective coating of paint
or other suitable preservative.
[Added 6-24-2019 by L.L.
No. 9-2019]
K.
All enclosures shall be properly fitted and be of such material and
surface that they are neither unsightly nor will materially detract
from the general appearance of the building or the neighborhood. Coverings
for doors and windows may consist of boards or similar materials finished
and maintained in a manner specified by the Department of Housing
and Buildings so as to blend in with the finish of the building.
[Added 6-24-2019 by L.L.
No. 9-2019]
(1)
Cracked or broken windows shall be replaced with plexiglass or other
similar material in accordance with the previous subsection and meeting
approval with the Department of Housing and Buildings.
(2)
Window coverings accessible from the ground level shall have a clear
opening of not less than two square feet to allow viewing of the interior
of the property for security purposes.
L.
In case of failure to properly comply with the provisions of this
article, the Commissioner may order, in writing, that such work be
done within the time mentioned in the order. At the expiration of
such time, the work may be done under the direction of the Commissioner,
and the expenses thereof shall be a lien upon the lot fronting thereon.
[Added 6-24-2019 by L.L.
No. 9-2019]
A.
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 45 days after the fire or extreme weather event if
the property owner submits a written request for exemption from the
Department of Housing and Buildings. This written request shall include
the following information supplied by the owner:
(1)
A description of the premises, address, lot and block;
(2)
The names, addresses and phone numbers of the owners;
(3)
A statement of intent to repair and reoccupy the building in an expedient
manner or the intent to demolish the building;
(4)
A performance guaranty.
(5)
If a building is actively undergoing renovation or restoration under
a building permit, the status of the building shall be reviewed at
the time of a request for permit extension for inclusion in the registry.
[Added 6-30-2015 by L.L.
No. 15-2015]
B.
Any property on which a building permit has been received and is
being actively developed shall be exempt from the registration requirement
for a period of six months from the date of the written request for
an exemption which has been submitted to the Department of Housing
and Buildings. If additional time is needed, the Department of Housing
and Buildings may grant one additional exemption by which time the
work on the building shall be completed. The written request shall
include the following information supplied by the owner:
[Added 6-30-2015 by L.L.
No. 15-2015]
A.
The Department of Housing and Buildings, Police Department, Fire
Department and Department of Public Works shall inspect any premises
in the City for the purposes of enforcing and assuring compliance
with the provisions of this article. Upon the request of the Enforcement
Officer, an owner shall 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 designees 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.
B.
The Building Department shall do periodic inspections of each vacant
building or unit. The Building Department shall also submit a biannual
report, no later than April 15 and October 15 of each year, to the
Mayor and City Council, listing all buildings declared vacant under
the provisions of this article and the date upon which the buildings
or units were declared vacant and whether a building plan has been
filed. The report shall include a list of all previously declared
vacant buildings which are no longer subject to the provisions of
this article.
[Added 6-30-2015 by L.L.
No. 15-2015[1]]
A.
The property owner may appeal any adverse decision of the Buildings
Commissioner under this article to the Vacant Buildings Review Board
by filing a written request for review with the Building Commissioner,
setting forth the reasons for the appeal, within 10 days after receipt
of the determination from the Building Commissioner.
B.
The appeal will be considered by the Vacant Buildings Review Board
which shall consist of the Commissioner of Housing and Buildings or
his/her designee, the Commissioner of Planning and Development or
his/her designee and the Corporation Counsel or his/her designee.
C.
A timely request for appeal shall stay any action of the Building
Commissioner until the Vacant Buildings Review Board has decided the
appeal. If a request for appeal is not made within the ten-day period,
the action of the Building Commissioner is final.
D.
The property owner shall be entitled to a hearing by the Vacant Buildings
Review Board only if requested in the written request for review.
E.
The Vacant Buildings Review Board shall consider the evidence submitted
by the property owner while reviewing the decision of the Building
Commissioner. The Board shall make its decision on the basis of the
preponderance of the evidence. The Board must render a decision within
30 days after the request for an appeal is filed. The Board shall
affirm, reverse or modify the action of the Building Commissioner.
The decision of the Board is final as to administrative remedies with
the City.
A.
A violation of any section of this article shall be a Class I offense.
B.
When the City obtains a judgment in any action against the owner,
in addition to the appropriate methods of enforcement of the judgment
established in the New York Civil Practice Law and Rules, such judgment
for penalties shall be assessed and collected in the same manner as
general City taxes.
