Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Oyster Bay 3-9-1993.[2] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 93.
Electrical standards — See Ch. 107.
Housing standards — See Ch. 135.
Zoning — See Ch. 246.
[1]
Editor’s Note: The title of this Ch. 96 was changed from “Dangerous Buildings” to its current title 1-9-2018 by L.L. No. 2-2018.
[2]
Editor's Note: This ordinance superseded former Ch. 96, Buildings, Unsafe, adopted as Ch. 6, Art. IV, of the 1971 Code, as amended.
It is hereby declared and found by the Town Board of the Town of Oyster Bay that the purpose of this chapter is to provide basic and uniform standards governing the condition and maintenance of residential and commercial premises and establishing reasonable safeguards for the safety, health and welfare of the occupants and users of the premises and also for the residents of the Town of Oyster Bay.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
BOARDED and BOARDING
Clear, impact-resistant polycarbonate sheeting of a thickness in excess of 3/16 inch, except as otherwise directed by the Commissioner.
[Added 1-9-2018 by L.L. No. 2-2018]
COMMISSIONER
The Commissioner of the Department of Planning and Development or his/her designee.
[Amended 1-9-2018 by L.L. No. 2-2018]
DANGEROUS BUILDINGS
Any building or structure which has any or all of the following conditions:
(1) 
Those where any interior wall or walls or other structural load-bearing members list, lean or buckle to such an extent that a plumb line, passing from any overhead supporting member through the center of gravity, falls outside the middle third of its base.
(2) 
Those which, exclusive of the foundations, show 33 1/3% or more of deterioration of the supporting member or members or 50% or more damage to or deterioration of the nonsupporting, enclosing or exterior walls or covering.
(3) 
Those which have improperly distributed loads upon the floors or roofs or in which the floors or roofs are overloaded or which have insufficient strength to be reasonably safe for the purpose used and which do not meet minimum standards prescribed by the New York State Uniform Fire Prevention and Building Code.
(4) 
Those having inadequate or insufficient facilities for ingress and egress in the event of fire, panic or other emergency or those having insufficient stairways, elevators, fire escapes, aisles, passageways, corridors or other means of access and which do not meet minimum standards prescribed by the New York State Uniform Fire Prevention and Building Code.
(5) 
Those which have parts thereof which are so attached or connected in such a manner that they may fall, collapse or cause damage and injury to the occupants thereof or other persons or property.
(6) 
Those which, in whole or in part, used for residential, commercial, mercantile, industrial, storage, assembly, institutional or any other purpose for want of repair, lack of sufficient fire escapes or exits or by reason of age, fire or dilapidated condition or from any other cause may now be or shall at any time hereafter become unsafe or dangerous structurally or a fire hazard or a nuisance to the general public.
(7) 
A vacant and abandoned building.
[Amended 1-9-2018 by L.L. No. 2-2018]
(8) 
Those which have been damaged by fire, wind, act of vandalism or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Town of Oyster Bay.
(9) 
Those which have become or are so dilapidated, decayed, unsafe or unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, as are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein or to the people of the Town of Oyster Bay.
(10) 
Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
(11) 
Those buildings or structures in which there exist violations of any provision of any code or ordinance of the Town of Oyster Bay, so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Town of Oyster Bay.
(12) 
Those which, in whole or in part, have an electrical wiring system which is defective, or is an improper type of wiring for the purpose intended, or which fails to meet ventilation requirements as prescribed by applicable provisions of law, or which have plumbing, sewage or drainage facilities that are not in conformity with applicable building and plumbing codes.
(13) 
Those buildings or structures which have a bulkhead, dock or similar structure which, in whole or in part, has become or is so deteriorated, dilapidated, decayed and/or unsafe, as is likely to cause injury to the health, safety or general welfare of the occupants, owners or residents of the area.
(14) 
Those buildings or structures which have been declared dangerous, unsafe or uninhabitable by the Nassau County Health Department, Nassau County Fire Marshal, New York State Department of Environmental Control, United States Environmental Protection Agency, Occupational Safety and Health Administration or any agency having such independent or concurrent jurisdiction over such health and environmental matters.
NUISANCE
Interference with an owner's reasonable use and enjoyment of his property by means, including but not limited to, of smoke, odors, noise or vibration, obstruction of private easements and rights of support, interference with public rights, such as free-passage long streams and highways and enjoyment of public parks and places of recreation, and, in addition, activities and structures prohibited as statutory nuisances.
OWNER
Includes the owner of record of any premises, a mortgagee, a tax lien purchaser, servicer, a lienor and any other person having a vested or contingent interest in said premises and anyone exercising rights of ownership therein as indicated by the records of the County Clerk of Nassau County or by the records of the Receiver of Taxes, the Office of the Public Administrator or Surrogate's Court.
[Amended 1-9-2018 by L.L. No. 2-2018]
POSTING
The fastening, nailing, tacking or substantially securing by any other means of any notice, survey, order, directive or official decision on a building or structure.
PRIVATE NUISANCE
Includes any wrongful act which destroys or deteriorates the property of an individual or of a few persons or interferes with their lawful use or enjoyment thereof, or any act which unlawfully hinders them in the enjoyment of a common or public right and causes them a special injury different from that sustained by the general public.
PUBLIC NUISANCE
One which affects an indefinite number of persons or all the residents of a particular locality or all people coming within the extent of its range or operation, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Maintaining a "public nuisance" is, by act or by failure to perform a legal duty, intentionally causing or permitting a condition to exist which injures or endangers the public health, safety or welfare.
REPAIR
Includes any alteration, structural change or the performance of any necessary or requisite work, for the elimination of any hazardous, dangerous or unsafe condition of any dangerous building or structure, within the purview of this chapter.
SERVICE
The delivery of a pleading, notice or other paper in a lawsuit, to the opposite party, so as to charge him with the receipt of it, and subject to its legal effect.
SERVICE OF PROCESS
The communication of the substance of the process to the defendant, provided in the New York State Civil Practice Law and Rules, whereby the defendant/respondent is provided with reasonable notice of the proceedings against him to afford him opportunity to appear and be heard.
SURVEY
A written determination in a report, after an on-site inspection.
[Amended 1-9-2018 by L.L. No. 2-2018]
TOWN
The Town of Oyster Bay.
VACANT AND ABANDONED
Real property which displays no evidence that any persons are residing there and is not maintained in a manner consistent with the standards set forth in New York Property Maintenance Code Chapter 3.
[Added 1-9-2018 by L.L. No. 2-2018]
(1) 
Real property will also be deemed vacant and abandoned if:
(a) 
A court or other appropriate state or local governmental entity has formally determined, following notice posted at the property address, that such residential real property is vacant and abandoned; or
(b) 
The owner thereof has issued a sworn written statement, expressing his or her intent to vacate and abandon the property, and an inspection of the property shows no evidence of occupancy to indicate that any persons are residing there.
(2) 
Evidence of lack of occupancy shall include but not be limited to the following conditions:
(a) 
Overgrown or dead vegetation;
(b) 
Accumulation of newspapers, circulars, flyer or mail;
(c) 
Past-due utility notices, disconnected utilities, or utilities not in use;
(d) 
Accumulation of trash, refuse or other debris;
(e) 
Absence of window coverings such as curtains, blinds, or shutters;
(f) 
One or more boarded, missing or broken windows;
(g) 
The property is open to casual entry or trespass; or
(h) 
The property has a building or structure that is or appears structurally unsound or has any other condition that presents a potential hazard or danger to the safety of persons.
(3) 
Residential real property will not be deemed vacant and abandoned if, on the property:
(a) 
There is an unoccupied building that is undergoing construction, renovation, or rehabilitation that is proceeding diligently to completion;
(b) 
There is a building occupied on a seasonal basis, but otherwise secure;
(c) 
There is a building that is secure, but is the subject of a probate action, action to quiet title, or other ownership dispute of which the owner has actual notice;
(d) 
There is a building damaged by a natural disaster and one or more owners intend to repair and reoccupy the property; or
(e) 
There is a building occupied by the mortgagor, a relative of the mortgagor or a tenant lawfully in possession.
B. 
The words "or" and "and" as used herein may be construed interchangeably where such meaning is necessary to effectuate the purpose of this chapter. Where necessary, the singular shall include the plural and the plural include the singular. The word "person" shall include a partnership, corporation, association or trustee. The words "persons interested," as used herein, shall be construed to include the owner as herein defined and all other persons interested in the property to which such words refer. The masculine gender shall include the feminine and neuter genders, and the neuter gender shall include the masculine and feminine genders.
[Amended 1-9-2018 by L.L. No. 2-2018]
All dangerous buildings, as defined by § 96-2 of this chapter, are hereby declared to be public nuisances and shall be sealed, boarded up, vacated and/or repaired, secured, demolished and removed as hereinafter provided.
[Amended 1-9-2018 by L.L. No. 2-2018]
Under this chapter, the Commissioner or his/her duly appointed designee shall have jurisdiction for the purpose of sealing, boarding up, fencing in, demolishing, taking down or removing any hazardous, dangerous or unsafe building or structure or for taking remedial action toward making any of said buildings or structures to be vacated by its occupants.
A. 
Upon receipt of information that a building or structure may be dangerous, the Commissioner shall cause an investigation of the premises to be made and an inspection report submitted and filed in the office of said Commissioner.
B. 
After the report is filed in his/her office, and if the report shall confirm the existence of a dangerous building or structure, as defined within § 96-2 of this chapter, the Commissioner shall cause a notice to be served upon the owner or his/her executors, legal representatives, agents, lessee or any other person having a vested or contingent interest in the same, as specified and in compliance with §§ 96-6 and 96-7.
[Amended 1-9-2018 by L.L. No. 2-2018]
[Amended 1-9-2018 by L.L. No. 2-2018]
The notice shall contain a description of the premises, which shall include the section, block and lot number, a statement of the particulars in which the building or structure is unsafe or dangerous, and an order requiring the same to be vacated and/or made safe and secure or demolished and removed.
[Amended 1-9-2018 by L.L. No. 2-2018]
Service of process of the notice, as required in § 96-5, shall comply with the New York Civil Practice Law and Rules or the following:
A. 
Service of notice by personal service. Service may be made personally upon the owner or his/her executor, legal representative, agent, lessee or any other person having a vested or contingent interest in the same, as indicated by the records maintained by the Town of Oyster Bay Receiver of Taxes, the Office of the Town Clerk, the Office of the County Clerk, the Office of the Public Administrator or the Surrogate's Court.
B. 
Service of notice by mail. Service may be made by certified or overnight mail, addressed to the last known address, if any, of the owner or his/her executor, legal representative, agent, lessee or any other person having a vested or contingent interest in the same, as indicated by the records maintained by the Town of Oyster Bay Receiver of Taxes, the Office of the Town Clerk, the Office of the County Clerk, the Office of the Public Administrator or the Surrogate's Court. A copy of said notice must also be posted on the dangerous building.
C. 
Service of notice by publication. In the event that the whereabouts of the owner of the premises or his/her executor, legal representative, agent, lessee or any other person having a vested or contingent interest in the same are unknown and cannot be ascertained after the exercise of reasonable diligence by the Commissioner or his/her authorized representative or designee, then service of the notice, as provided for in §§ 96-5 and 96-6 of this chapter, shall be made by publishing said notice, once a week, for two successive weeks, in the official newspaper of the Town, with proof of publication, to be filed in the office of the Department of Planning and Development and the office of the Town Clerk. A copy of the notice must also be posted on the dangerous building.
[Amended 1-9-2018 by L.L. No. 2-2018]
A person who receives the notice may certify his/her written acceptance or rejection of the particulars and order contained in the notice by either personal service or by overnight mail upon the Commissioner or a person designated by him/her to accept service on his/her behalf. Such acceptance or rejection shall be made within seven days of receipt of the notice if served upon the Commissioner personally, or within six days of receipt of the notice if served upon the Commissioner by overnight mail. Any failure on the part of the person receiving the notice to respond, as herein prescribed, shall constitute a rejection of the notice.
If the person served with the notice shall immediately certify his assent to the securing or demolition and removal of the dangerous building or structure in question, he shall be permitted 72 hours within which to commence the abatement of the dangerous conditions affecting the building or structure and shall employ sufficient labor and assistance to secure or demolish, repair and remove such building or structure within a reasonable period of time thereafter.
[Amended 1-9-2018 by L.L. No. 2-2018]
A. 
Any person entitled to notice, as provided in this chapter, may request and shall be granted a hearing before the Town Board. The entitlement to said hearing is contingent upon the requesting person's filing of a verified petition with the office of the Town Clerk and the Town Board or its designee within seven days after service of the notice. The petition must contain a brief statement setting forth the grounds for a hearing.
B. 
Upon receipt of said petition, the Town Board or his/her designee thereof shall set a time for the hearing and shall give the petitioner seven days' written notice thereof.
C. 
At the hearing, the petitioner shall be afforded an opportunity to be heard and to provide reasons why the proceeding for the vacating and/or securing or removal of the dangerous building or structure shall be modified or withdrawn.
D. 
The hearing shall be commenced not later than 14 days after the date on which the petition was filed. The Town Board or designee thereof may postpone the date of the hearing for any reasonable time.
E. 
If no such written petition shall be so filed within the period specified by § 96-8 of this chapter or if the petition shall be rejected after the hearing, the Town Attorney is authorized to make application to the Supreme Court, at special term, as hereinafter provided.
F. 
If a hearing shall be requested and held in accordance with the provisions of this chapter, the hearing officer shall make written findings of fact as to whether the building in question is a dangerous building, within the definitions of § 96-2 hereof. A copy of said findings of fact shall be served upon the petitioner, occupant of the dangerous building or structure or any other person who shall have requested the same at the hearing.
G. 
If such findings of fact determine that the building or structure is dangerous, the person served with the findings of fact may immediately certify his/her assent to the vacating and/or repairing, securing or demolition and removal of the dangerous building or structure in question and shall be permitted 72 hours, after service of the findings of fact, within which to vacate and/or to commence abatement of the dangerous conditions affecting the building or structure and shall employ sufficient labor and assistance to repair, secure or demolish and remove such building or structure within a reasonable period of time thereafter.
A. 
Upon refusal, neglect or failure of the person or persons served with a notice and/or order of findings of fact pursuant to § 96-10 to comply with the requirements and specifications therein, within the periods of time as contained in § 96-9 or § 96-10 herein, or upon his, her, or their rejection of the same, a notice of survey shall be served upon them.
[Amended 1-9-2018 by L.L. No. 2-2018]
B. 
The notice of survey shall state the date, time and place where the survey will be made and that, in the event that the report of such survey indicates that such building or structure is dangerous, an application shall be made at a special term of the Supreme Court, Nassau County, for an order determining the building or structure to be a public nuisance and directing that it shall be vacated and/or repaired and secured or demolished and/or repaired, taken down and removed.
[Amended 1-9-2018 by L.L. No. 2-2018]
A. 
The survey shall be conducted by the Commissioner or his/her duly appointed designee.
B. 
Within a reasonable time after the survey is completed, the determination thereof shall be made in writing and filed within the office of the Department of Planning and Development.
[Amended 1-9-2018 by L.L. No. 2-2018]
The Town shall be reimbursed for costs incurred in conducting the survey by assessment levied against the parcels of land upon which the survey was performed in the manner provided for the assessment of the cost of public improvements in Article 15 of the Town Law.
[Amended 1-9-2018 by L.L. No. 2-2018]
The Comptroller shall render an invoice for the cost of services.
The following standards shall be followed in substance by the Commissioner in ordering repair or demolition or vacation:
A. 
If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired.
B. 
In any case where a dangerous building is 50% damaged or decayed or deteriorated from its original value or structure or where the owner refuses or fails to make ordered repairs, it shall be demolished, and, in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be demolished. In all cases, where a dangerous building is a fire hazard, existing or erected in violation of the terms of this chapter or any ordinance of the Town or statute of the State of New York, it shall be demolished and/or repaired.
C. 
If the dangerous building is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated.
A. 
Whenever the survey shall determine that the building or structure surveyed is dangerous, the Town Attorney shall apply to the Supreme Court, Nassau County, at special term, for an order determining the building or structure to be a public nuisance and directing either that it shall be repaired and secured or that it shall be demolished, taken down and removed and/or that the occupants be ordered to forthwith vacate the premises.
B. 
Said application shall be in the form of a special proceeding, with notice upon the owner as prescribed by the provisions of Article 4 of the Civil Practice Law and Rules.
C. 
Whenever an application for said order is made to the Supreme Court of the State of New York, the Town Attorney shall file a notice of pendency of a proceeding against an unsafe building or structure in the office of the County Clerk of the County of Nassau which shall set forth the following information:
(1) 
The title of the proceeding, including the name of the Commissioner, the Town and the owner, as defined herein, or the person described within § 96-7.
(2) 
The property affected.
(3) 
A description of the dangerous building or structure, with particulars which set forth the manner in which the building or structure is dangerous and the manner in which the building or structure is to be made safe and secure or demolished and removed.
Upon receipt of the order of the Supreme Court, the Commissioner shall immediately proceed to execute the provisions therein contained and may employ and furnish whatever labor, assistance and materials which may be necessary for that purpose.
[Amended 1-9-2018 by L.L. No. 2-2018]
It shall be unlawful for any person, whether interested or not in the property affected by this chapter, to interfere, obstruct or hinder the Commissioner or his/her representatives or any person acting on his/her behalf in the performing of the work directed by the determination of the Supreme Court, as herein provided or ordered by the Commissioner under the terms and provisions of such determination as hereinabove described.
A. 
The Town shall be reimbursed for the cost of the work performed or services rendered as hereinabove provided by assessment against the collection from the lots or parcels of land where such work was performed or services rendered for so much of the actual and complete cost as incurred upon and from each lot or lots in the manner provided for the assessment of the cost of public improvements by Article 15 of the Town Law.
B. 
The Town shall also be reimbursed for reasonable attorneys fees, along with all costs and disbursements incurred in prosecuting an action, commenced pursuant to Chapter 96.
Any provision of this chapter to the contrary notwithstanding, where it reasonably appears that there is imminent danger to the life, health, safety and/or welfare of any person unless a dangerous building or structure, as defined herein, is immediately sealed, boarded up, repaired, vacated or demolished, the Commissioner shall cause the immediate sealing, boarding up, fencing in, reparation, vacation and/or demolition of such dangerous building or structure. The cost of such emergency repair, vacation or demolition of such dangerous building or structure shall be collected in the same manner as provided in § 96-19 hereof.
A. 
Any person or persons other than those duly authorized by the Commissioner who shall remove from a building or structure any notice prescribed by this chapter prior to compliance with the orders contained in the notice or committing any offense against the provisions of § 96-18 of this chapter is guilty of a violation punishable by a fine not exceeding $500 or imprisonment for a period not exceeding 15 days for each offense or by both such fine and imprisonment.
[Amended 1-9-2018 by L.L. No. 2-2018]
B. 
Any owner, occupant or lessee of any dangerous building or structure who shall fail to comply with any notice or administrative order to vacate shall be guilty of a violation punishable by a fine not exceeding $500 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine or imprisonment.
[Amended 1-9-2018 by L.L. No. 2-2018]
C. 
Any person or persons who shall create a dangerous building or allow a building to become a dangerous building or allow a dangerous building to continue to remain in a dangerous condition, in violation of this chapter, shall be guilty of an offense punishable by a fine not exceeding $500 or imprisonment for a period not to exceed six months, or both, 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 $1,000 nor more than $1,500 or imprisonment for a period not to exceed six months, 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 $1,500 nor more than $2,500 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or of such ordinance or regulation shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
[Amended 1-9-2018 by L.L. No. 2-2018]
D. 
The above penalties shall be exacted in addition to and without reference to any other charges made or expenditures made pursuant to other sections of this chapter.
[Added 8-19-1997 by L.L. No. 6-1997]
In addition to and notwithstanding any other remedy for an offense against this chapter, any person violating a directive issued by the Commissioner or his/her duly authorized representative, made pursuant to the provisions of this chapter, shall be guilty of a violation punishable by a fine not exceeding $900 or imprisonment for a period not to exceed 15 days, or both.
If any provision of this chapter or the application thereof is held invalid for any reason, the remainder of this chapter and the application thereof shall not be affected thereby.
[Added 1-9-2018 by L.L. No. 2-2018]
Legislative intent: When residential properties in the Town of Oyster Bay fall vacant and become the subject of foreclosure actions, they frequently become neglected and overgrown with grass, weeds and rubbish, creating an unsightly appearance in the surrounding residential area and detracting from the use, enjoyment and value of surrounding properties. The Town of Oyster Bay is committed to using all legal avenues to proactively address these adverse conditions, to alleviate the burden these vacant properties impose on neighboring residents. This § 96-23 places the financial burden on any person, business, organization, bank or lender who commences a foreclosure action against any vacant residential property in the Town of Oyster Bay to deposit funds with the Town after the foreclosure action is commenced, for use in achieving prompt remediation, if or when it shall occur. This new section is clearly in the public interest. It will help deter violations by creating a financial disincentive against allowing the property to lie fallow and unmaintained. It will help to expedite remediation of overgrown grass, weeds and rubbish when they occur. It will also help avoid substantial outlays of public funds in accomplishing same.
A. 
Except as otherwise provided by law, any person, business, organization, bank or lender who commences a foreclosure action against a residential property (improved with a single-family, two-family or multiple-family residence) that has become vacant shall provide to the Town of Oyster Bay an undertaking in the form of cash, a cash bond, or a letter of credit acceptable to the Town Attorney, in the sum of $25,000, to secure the continued maintenance of the property free of any violations as provided for by Oyster Bay Town Code, during the entire time that vacancy shall exist, as determined by the Commissioner. When the foreclosure action is finally discontinued, any unused funds shall be returned upon written request of the party which commenced foreclosure, which request shall be made in writing to the Town Attorney within 90 days of the action's discontinuance.
B. 
It shall be unlawful for any such person, business, organization, bank or lender to fail to properly deposit such cash, a cash bond, or a letter of credit within 45 calendar days after the foreclosure action is commenced.
C. 
In the event that the Commissioner determines that any property referenced in Subsection A above is being maintained in violation of § 96-23 of this chapter, then, in addition to or in lieu of any other enforcement remedy at his/her disposal, the Commissioner may utilize the deposited funds to pay the full and actual cost of actions necessary to eliminate the violation.
D. 
In the event that any such funds are utilized as set forth above, such person, business, organization, bank or lender shall restore such funds to the full amount referenced in Subsection A above, within 15 calendar days after written demand by the Town of Oyster Bay, sent by regular mail and certified mail, return receipt requested, to such person, business, organization, bank or lender at an address designated by them for service of notices, or else to their last known address. It shall be unlawful for such person, business, organization, bank or lender to fail to timely restore funds as required herein.
E. 
In the event that the Commissioner determines that any property referenced in Subsection A above is being maintained in violation of § 96-23 of this chapter, and no cash, cash bond, or letter of credit acceptable to the Town Attorney has been provided or replenished as required by Subsection A or D above, then, in addition to or in lieu of any other enforcement remedy at his/her disposal, the Commissioner may serve a written demand upon such person, business, organization, bank or lender to provide the required cash, cash bond, or letter of credit acceptable to the Town Attorney, within 10 days after the date of such written demand, subject to the following:
(1) 
The forty-five-day time allotment of Subsection B hereof is superseded;
(2) 
The written demand shall be served in any manner authorized to obtain personal service under Article 3 of the Civil Practice Law and Rules of the State of New York, or otherwise at applicable law; and
(3) 
In the event that no cash, cash bond, or letter of credit acceptable to the Town Attorney has been provided or replenished as required by Subsection A or D above, within 10 days after the date of such written demand, then such person, business, organization, bank or lender shall be subject to fines of up to triple the maximum amount set forth under § 96-21C of this chapter, with each calendar day of failure to timely provide same constituting a separate additional offense, as set forth under § 96-21B of this chapter.
F. 
If any provision of this § 96-23 is declared unenforceable for any reason by a court of competent jurisdiction, such declaration shall affect only that provision, and shall not affect the remainder of this section, which shall remain in full force and effect.
G. 
This § 96-23 shall apply to all foreclosures commencing after the effective date of this section. It is to be considered remedial legislation and shall be liberally construed so that substantial justice is done.
[Added 1-9-2018 by L.L. No. 2-2018]
Legislative intent: When nonresidential properties in the Town of Oyster Bay fall vacant and become the subject of foreclosure actions, they frequently become neglected and overgrown with grass, weeds and rubbish, creating an unsightly appearance in the surrounding area and detract from the use, enjoyment and value of surrounding properties and impair the ability for people to, among other things, shop, conduct commerce, attend meetings or go to school in a safe, clear, and aesthetic environment. The Town of Oyster Bay is committed to using all legal avenues to proactively address these adverse conditions to alleviate the burden these vacant properties impose on a neighborhood. This § 96-24 places the financial burden on any person, business, organization, bank or lender who commences a foreclosure action against any vacant property in the Town of Oyster Bay not subject to the provisions of § 96-23 of this chapter to deposit funds with the Town after the foreclosure action is commenced, for use in achieving prompt remediation, if or when it shall occur. This section is clearly in the public interest. It will help deter violations by creating a financial disincentive against allowing the property to lie fallow and unmaintained. It will help to expedite remediation of overgrown grass, weeds and rubbish, when they occur. It will also help avoid substantial outlays of public funds in accomplishing same.
A. 
Except as otherwise provided by law, any person, business, organization, bank or lender who commences a foreclosure action against a property not subject to the requirements of § 96-23 of this chapter (including, among other property, commercial properties) that has become vacant, or subsequent parties of such an action, shall provide to the Town of Oyster Bay an undertaking in the form of cash, a cash bond, or a letter of credit acceptable to the Town Attorney, in the sum of $35,000, to secure the continued maintenance of the property free of any violations as provided for by the Oyster Bay Town Code, during the entire time that vacancy shall exist, as determined by the Commissioner. When the foreclosure action is finally discontinued, any unused funds shall be returned upon written request of the party which commenced foreclosure, which request shall be made in writing to the Town Attorney within 90 days of the action's discontinuance.
B. 
It shall be unlawful for any such person, business, organization, bank or lender to fail to properly deposit such cash, a cash bond, or a letter of credit within 45 calendar days after the foreclosure action is commenced.
C. 
In the event that the Commissioner determines that any property referenced in Subsection A above is being maintained in violation of § 96-24 of this chapter, then, in addition to or in lieu of any other enforcement remedy at his/her disposal, the Commissioner may utilize the deposited funds to pay the full and actual cost of actions necessary to eliminate the violation.
D. 
In the event that any such funds are utilized as set forth above, such person, business, organization, bank or lender shall restore it to the full amount referenced in Subsection A above, within 15 calendar days after written demand by the Town of Oyster Bay, sent by regular mail and certified mail, return receipt requested, to such person, business, organization, bank or lender at an address designated by them for service of notices, or else to their last known address. It shall be unlawful for such person, business, organization, bank or lender to fail to timely restore funds as required herein.
E. 
In the event that the Commissioner determines that any property referenced in Subsection A above is being maintained in violation of § 96-24 of this chapter and no cash, cash bond, or letter of credit acceptable to the Town Attorney has been provided or replenished as required by Subsection A or D above, then in addition to or in lieu of any other enforcement remedy at his/her disposal, the Commissioner may serve a written demand upon such person, business, organization, bank or lender to provide the required cash, cash bond, or letter of credit acceptable to the Town Attorney, within 10 days after the date of such written demand, subject to the following:
(1) 
The forty-five-day time allotment of Subsection B hereof is superseded;
(2) 
The written demand shall be served in any manner authorized to obtain personal service under Article 3 of the Civil Practice Law and Rules of the State of New York, or otherwise at applicable law; and
(3) 
In the event that no cash, cash bond, or letter of credit acceptable to the Town Attorney has been provided or replenished as required by Subsection A or D above, within 10 days after the date of such written demand, then such person, business, organization, bank or lender shall be subject to fines of up to triple the maximum amount set forth under § 96-21C of this chapter and a minimum fine of $500 for each day of the noncompliance until such time as that person or entity complies with the provisions of this section, or by imprisonment for not more than 15 days, or by both such fine and imprisonment, with each calendar day of failure to timely provide same constituting a separate additional offense, as set forth under § 96-21B of this chapter.
F. 
If any provision of this section is declared unenforceable for any reason by a court of competent jurisdiction, such declaration shall affect only that provision, and shall not affect the remainder of this section, which shall remain in full force and effect.
G. 
This section shall apply to all nonresidential foreclosures commencing after the effective date of this section. It is to be considered remedial legislation and shall be liberally construed so that substantial justice is done.