[HISTORY: Adopted by the Town Board of the Town of Oyster
Bay 3-9-1993.[2] Amendments noted where applicable.]
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.
ABANDONED REAL PROPERTY IN DEFAULT
BOARDED and BOARDING
COMMISSIONER
DANGEROUS BUILDINGS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
EVIDENCE OF VACANCY
FORECLOSURE
NUISANCE
OWNER
POSTING
PRIVATE NUISANCE
PUBLIC NUISANCE
REPAIR
SERVICE
SERVICE OF PROCESS
SURVEY
TOWN
VACANT AND ABANDONED
(1)
(a)
(b)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(3)
(a)
(b)
(c)
(d)
(e)
As used in this chapter, the following terms shall have the meanings
indicated:
Any real property that is under a current notice of default
and/or notice of mortgagee's sale, pending tax assessor's lien sale
and/or properties that have been the subject of a foreclosure sale
where the title was retained by the beneficiary of a mortgage involved
in the foreclosure and any properties transferred under a deed in
lieu of foreclosure or sale.
[Added 1-29-2019 by L.L.
No. 2-2019]
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]
The Commissioner of the Department of Planning and Development
or his/her designee.
[Amended 1-9-2018 by L.L.
No. 2-2018]
Any building or structure which has any or all of the following
conditions:
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.
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.
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.
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.
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.
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.
A vacant and abandoned building.
[Amended 1-9-2018 by L.L.
No. 2-2018]
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.
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.
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.
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.
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.
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.
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.
Any condition that, on its own or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but not be limited to, overgrown
and/or dead vegetation, electricity, water or other utilities turned
off, stagnant swimming pool, statements by neighbors, passers-by,
delivery agents or government agents, among other evidence that the
property is vacant.
[Added 1-29-2019 by L.L.
No. 2-2019]
The process by which a property, placed as security for a
mortgage loan, after a judicial process is to be sold at an auction
to satisfy a debt upon which the borrower has defaulted.
[Added 1-29-2019 by L.L.
No. 2-2019]
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.
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]
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.
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.
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.
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.
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.
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.
A written determination in a report, after an on-site inspection.
[Amended 1-9-2018 by L.L.
No. 2-2018]
The Town of Oyster Bay.
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]
Real property will also be deemed vacant and abandoned if:
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
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.
Evidence of lack of occupancy shall include but not be limited
to the following conditions:
Overgrown or dead vegetation;
Accumulation of newspapers, circulars, flyer or mail;
Past-due utility notices, disconnected utilities, or utilities
not in use;
Accumulation of trash, refuse or other debris;
Absence of window coverings such as curtains, blinds, or shutters;
One or more boarded, missing or broken windows;
The property is open to casual entry or trespass; or
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.
Residential real property will not be deemed vacant and abandoned
if, on the property:
There is an unoccupied building that is undergoing construction,
renovation, or rehabilitation that is proceeding diligently to completion;
There is a building occupied on a seasonal basis, but otherwise
secure;
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;
There is a building damaged by a natural disaster and one or
more owners intend to repair and reoccupy the property; or
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]
[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.
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.
This section shall be considered cumulative and not superseding or
subject to any other law or provision for same, but shall rather be
an additional remedy available to the Town, above and beyond any other
state, county and/or local provisions for same. This section relates
to property subject to a mortgage which has been determined by the
mortgagee to be in default.
B.
Within 10 days of the date that the mortgagee declares its mortgage
on a particular parcel of real property to be in default, the mortgagee
shall inspect the premises and register the real property with the
Town's mortgage-in-default registry, which said registry shall be
maintained by the Department of Planning and Development. The mortgagee
shall include in the registration if the property is vacant or occupied.
C.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee, or said mortgagee's designee, monthly until the
mortgagor or other party remedies the default.
D.
Registration pursuant to this section shall contain the name of the
mortgagee and mortgage servicer; the direct mailing address, email
address and telephone number of the mortgagee and servicer; the name
and address, email address and telephone number of a local property
manager who shall be responsible for the inspection, security and
maintenance of the property. The local property manager named in the
registration shall be located and available within Nassau and Suffolk
Counties to be contacted by the Town, Monday through Friday, between
9:00 a.m. and 5:00 p.m., holidays and lunch hours excepted.
E.
A semiannual, nonrefundable fee in the amount of $500 per property
shall accompany the mortgage-in-default registration form(s). An additional
fee of $500 shall be due and payable within 10 days of the expiration
of the previous registration.
F.
Each owner of an individual property on the registry that has been
registered as required prior to the effective date shall renew the
registration and pay the nonrefundable $500 semiannual registration
fee within 10 days of the current registration's expiration. Properties
registered after the effective date shall renew the registration every
six months from the expiration of the original registration renewal
date and shall pay the nonrefundable $500 semiannual registration
fee.
G.
If the foreclosing or foreclosed property is not registered, or the
registration fee is not paid within 30 days of when the registration
or renewal is required pursuant to this section, a late fee equivalent
to 10% of the semiannual registration fee shall be charged for every
thirty-day period or portion thereof that the property is not registered
and shall be due and payable with the registration.
H.
This section shall also apply to properties that have been the subject
of foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
I.
Properties subject to this section shall remain under the semiannual
mortgage-in-default registration requirement, inspection, security,
and maintenance standards of this section as long as they remain in
default.
J.
Any person or other legal entity that has registered a property under
this section must report any change of information contained in the
registration within 10 days of the change.
K.
Failure of the mortgagee and/or property owner of record to properly
register or revise the registration from time to time to reflect a
change of circumstances as required by the Town's Department of Planning
and Development shall be a violation of this section.
[Added 1-29-2019 by L.L.
No. 2-2019]
A.
Properties subject to this section shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, wildlife, vermin, building
materials, any accumulation of newspapers, circulars, flyers, notices
(except those required by federal, state, or local law), discarded
personal items, including, but not limited to, furniture, clothing,
large and small appliances, printed material or any other items that
give the appearance that the property is abandoned or not being properly
maintained.
B.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure.
C.
Yards shall be landscaped and maintained pursuant to the standards
previously established in this Code.
D.
Pools and spas shall be kept in working order so that pool and spa
water remains free and clear of pollutants and debris and insects.
Pools and spas shall comply with the enclosure requirements and any
other requirements of this Code and the New York State Building Code
and New York State Property Maintenance Code, as amended from time
to time.
E.
Failure of the mortgagee and/or property owner of record to properly
maintain the property is a violation of the Town Code and may result
in citation by the Town's Department of Planning and Development.
[Added 1-29-2019 by L.L.
No. 2-2019]
A.
Properties subject to this section shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property and/or
structure. Broken windows shall be secured by reglazing or boarding
of the window with polycarbonate sheeting of a thickness in excess
of 3/16 inch.
C.
If a mortgage on property is in default and has become vacant, the
local property manager or mortgagee must perform weekly inspections
to verify compliance with the requirements of this section and any
other applicable laws or Town ordinances.
D.
Failure of the mortgagee and/or property owner of record to properly
inspect and secure the property, and post and maintain the signage
noted in this section, is a violation of this Code and may result
in a citation by the Town's Department of Planning and Development.
[Added 1-29-2019 by L.L.
No. 2-2019]
Any Code Enforcement Inspector, or any person authorized by
the Department of Planning and Development to enforce Town Code, shall
be immune from prosecution, civil or criminal, for reasonable, good
faith entrance upon real property while in the discharge of duties
imposed by this section.
[Added 1-29-2019 by L.L.
No. 2-2019; amended 3-15-2022 by L.L. No. 2-2022]
The Code Enforcement Inspector or any person authorized by the Department of Planning and Development to enforce Town Code, shall have authority to require the mortgagee and/or owner of record of any property affected by this section to implement additional maintenance and/or security measures, including, but not limited to, securing any and all doors, windows or other openings, employment of an on-site security guard, or other measures as may be reasonably required to prevent a decline of the property. If the owner of the real property fails to take the maintenance and/or security measures required, the Commissioner of the Department of Planning and Development, or his/her designee, may direct Department of Planning and Development, the Department of Public Works and/or Department of Parks to take such necessary measures, and the Town shall be reimbursed for said work in accordance with § 135-54 of the Town Code.
[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 § 96-22 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 § 96-22 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 § 96-22 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:
(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 § 96-24C of this chapter, with each calendar day of failure to timely provide same constituting a separate additional offense, as set forth under § 96-24B of this chapter.
[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 § 96-23 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 § 96-22 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 § 96-22 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 § 96-23 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 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 § 96-23 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:
(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 § 96-24C 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 § 96-24B 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.
[Amended 1-9-2018 by L.L.
No. 2-2018; 1-29-2019 by L.L. No. 2-2019; 3-7-2023 by L.L. No. 4-2023]
A.
Any person or persons other than those duly authorized by the Commissioner of Department of Planning and Development 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.
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.
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, 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;
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. 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.
D.
Any person, corporation, or entity who shall violate any of the provisions
of this chapter or who shall fail to comply therewith or with any
of the requirements thereof shall be guilty of a violation and, upon
conviction thereof, a fine of not less than $500 nor more than $1,000
must be imposed. Each week's continued violation shall constitute
a separate additional violation.
E.
The above penalties shall be in addition to and without reference
to any other charges made or expenditures made pursuant to other sections
of this chapter.
F.
Any person or entity found by the Bureau of Administrative Adjudication
to have violated any provision of this chapter is likewise subject
to a monetary penalty within the range of fines authorized in this
section.
[Added 8-19-1997 by L.L. No. 6-1997; 3-7-2023 by L.L. No. 4-2023]
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. Any person or entity found by the
Bureau of Administrative Adjudication to have violated any provision
of this chapter is likewise subject to a monetary penalty within the
range of fines authorized in this section.
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.
