[Added 6-7-2007 by Ord. No. 1804]
It is the finding of the 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 residential neighborhoods and commercial neighborhoods.
Unfortunately, many buildings, once boarded, remain that way for many
years. The purpose of 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.
As used in this article, the following terms
shall have the meanings indicated:
A duly authorized representative of the Building Department.
Those shown to be the owner or owners on the records of the
City of Watervliet Assessor’s office, those identified as the
owner or owners on a vacant building registration form, a mortgagee
in possession, a mortgagor in possession, assignee of rents, receiver,
executor, administrator, trustee, lessee, agent, other person, firm,
organization, association, partnership, company or corporation in
control of the premises. Any such person shall have a joint and several
obligation for compliance with the provisions of this article.
[Amended 9-5-2013 by Ord. No. 1907]
A building secured by means other than those used in the
design of the building.
A building or portion thereof which lacks the habitual presence
of human beings who have a legal right to be on the premises, including
buildings ordered vacated by an Enforcement Officer. In determining
whether a building is unoccupied, the Enforcement Officer may consider
these factors, among other:
[Amended 9-5-2013 by Ord. No. 1907]
Whether lawful residential or business activity has ceased;
The percentage of the overall square footage of the occupied
or unoccupied space or the overall number of occupied and unoccupied
units;
The building is substantially devoid of contents or the minimal
value of fixtures or personal property in the building;
The building lacks utility services;
The building is subject to a foreclosure action;
Duration of vacancy; and/or
The presence or reoccurrence of code violations.
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
A building or portion of a building which is:
[Amended 9-5-2013 by Ord. No. 1907]
A.
The owner shall register with the Building Department, not later than 30 days after any building located in an area zoned for, or abutting an area zoned for, residential or neighborhood commercial use in the City becomes a vacant building, as defined in § 175-73, or not later than 30 days after being notified by the Building Department of the requirement to register. The Building Department may identify vacant buildings through its routine inspection process as well as through notification by residents, neighborhood associations and other community groups that a building may be eligible for inclusion on the registry.
B.
The registration shall be submitted on forms provided
by the Building Department and shall include the following information
supplied by the owner:
(1)
A description of the premises, including but not limited
to square footage, number of stories, age of the building, and most
recent use of the building.
[Amended 9-5-2013 by Ord. No. 1907]
(2)
The names and addresses of the owner or owners. If
the owner is a corporation, limited liability company or partnership,
the address for each director, manager or partner, as the case may
be. The address must include a street address; a post office box is
not acceptable.
[Amended 9-5-2013 by Ord. No. 1907]
(3)
If the owner does not reside in Albany County or any
adjoining county, the name and address of any third party with whom
the owner has entered into a contract or agreement for property management.
The address must include a street address; a post office box is not
acceptable.
[Amended 9-5-2013 by Ord. No. 1907]
(4)
The names and addresses of all known lien holders
and all other parties with an ownership interest in the building.
Each address must include a street address; a post office box is not
acceptable.
[Amended 9-5-2013 by Ord. No. 1907]
(5)
A name, address, and telephone number where a responsible
natural person (not a corporation, partnership, or limited liability
company) can be reached at all times during business and nonbusiness
hours. The address must include a street address; a post office box
is not acceptable.
[Amended 9-5-2013 by Ord. No. 1907]
C.
The owner shall submit a vacant building plan which
must meet the approval of the Enforcement Officer. The plan, at a
minimum, must contain information from one of the following three
choices for the property:
(1)
If the building is to be demolished, a demolition
plan indicating the proposed time frame for demolition.
(2)
If the building is to remain vacant, a plan for the securing of the building in accordance with the standards provided in Article IX, § 175-61, if applicable, along with the procedure that will be used to maintain the property in accordance with Article IX, and a statement of the reasons why the building will be left vacant.
[Amended 9-5-2013 by Ord. No. 1907]
(3)
If the building is to be returned to appropriate occupancy or use, a rehabilitation plan for the property. The rehabilitation plan shall not exceed 365 days, unless the Building Department grants an extension upon receipt of a written statement from the owner detailing 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 Article IX, § 175-61, if applicable, during rehabilitation.
[Amended 9-5-2013 by Ord. No. 1907]
D.
All applicable laws and codes shall be complied with
by the owner. The owner shall notify the Enforcement Officer of any
changes in information supplied as part of the vacant building registration
within 30 days of the change. If the plan or timetable for the vacant
building is revised in any way, the revisions must be in writing and
must meet the approval of the Enforcement Officer.
E.
The owner and subsequent owners shall keep the building secured and safe and the building and ground properly maintained as provided in Article IX of this chapter.
F.
Failure of the owner or any subsequent owners to maintain
the building and premises that result in remedial action taken by
the City shall be grounds for revocation of the approved plan and
shall be subject to any applicable penalties provided by the law.
G.
The new owners shall register or reregister the vacant
building with the Building Department within 30 days of any transfer
of an ownership interest in a vacant building. The new owners shall
comply with the approved plan and timetable submitted by the previous
owner until any proposed changes are submitted and meet the approval
of the Building Department.
H.
Vacant building fees.
(1)
The owner of a vacant building shall pay an annual fee as set forth in Subsection H(2) for the period the building remains a vacant building. The fee shall be reasonably related to the administrative costs for registering and processing the vacant building owner registration form and for the costs of the City in monitoring the vacant building site. Vacant building registration fees will not be accepted until an application is complete.
[Amended 9-5-2013 by Ord. No. 1907]
(2)
The annual fee shall be $1,500 and shall be paid no later than 30 days after the building becomes vacant. If the fee is not paid within 30 days of being due, the owner shall be subject to prosecution as prescribed in § 175-78. If a plan is extended beyond 365 days, each succeeding year that the building remains vacant the fee shall be $1,500. All unpaid vacant building fees imposed shall be assessed as a lien against the property concerned and shall be assessed, levied, and collected by the City like other taxes and assessments. Before the assessment of any lien against the land, the owner, as indicated by the latest records of the City Assessor, shall be provided with notice and an opportunity to be heard. An administrative surcharge of $25 shall be imposed on all unpaid vacant building fees and shall also be assessed as a lien against the property concerned and shall be assessed, levied, and collected by the City like other taxes and assessments.
[Amended 9-5-2013 by Ord. No. 1907; 6-15-2017 by Ord. No. 1976]
(3)
The fee shall be paid in full prior to the issuance of any building
permits, with the exception of a demolition permit. The fee shall
be returned to the owner if within one year from the date that it
was paid the building is no longer vacant and the Building Department
completes all required inspections and the appropriate permit(s) or
certificate(s) are issued by the Building Department.
[Amended 6-15-2017 by Ord. No. 1976]
(4)
All delinquent fees shall be paid by the owner prior
to any transfer of an ownership interest in any vacant building. If
the fees are not paid to any transfer, the new owner shall pay the
annual fee no later than 30 days after the transfer of ownership,
and subsequent annual fees shall be due on the new anniversary date.
I.
The Enforcement Officer shall include in the file
any property-specific written statements from community organizations,
other interested parties or citizens regarding the history, problems,
status or blighting influence of a vacant building.
[Amended 9-5-2013 by Ord. No. 1907]
[1]
Editor’s Note: Former § 175-75, Waiver of fees,
as amended, was repealed 6-15-2017 by Ord. No. 1976.
The Building Department shall inspect any premises
in the City of Watervliet for the purpose of enforcing and assuring
compliance with the provisions of this article. Upon the request of
the Enforcement Officer, an owner may provide access to all interior
portions of an unoccupied building in order to permit a complete inspection.
Nothing contained herein, however, shall diminish the owner's right
to insist upon the procurement of a search warrant from a court of
competent jurisdiction by the Enforcement Officer or his or her designee
in order to enable such inspection, and the Enforcement Officer shall
be required to obtain a search warrant whenever an owner refuses to
permit a warrantless inspection of the premises after having been
advised of his or her constitutional right to refuse entry.
[Amended 9-5-2013 by Ord. No. 1907]
Once a year, the Building Department shall send
to the Mayor and the City Council a list of all buildings in the City
declared vacant under the provisions of this article, as well as a
list of all previously declared vacant buildings which are no longer
subject to the provisions of this article.
[Amended 9-5-2013 by Ord. No. 1907]
B.
The term
"person," as used in this section, will include the owner, mortgagee
or mortgagor in possession, assignee of rents, receiver, executor,
administrator, trustee, lessee, agent or any other person, firm, organization,
association, partnership, company or corporation directly in control
of the building or part thereof.
