The City of Newburgh contains many structures that are vacant
in whole or large part; and in many cases the owners or other responsible
parties of these structures are neglectful of them and are failing
to maintain them or secure them to adequate standards or restore them
to productive use. Many of these structures are in violation of state
and local housing and property maintenance codes. It has been established
that vacant and abandoned structures cause severe harm to the health,
safety, and general welfare of the community, including diminution
of neighboring property values, loss of property tax revenues, accumulations
of trash and debris, increased risk of fire, and potential increases
in criminal activity and public health risk, and the City of Newburgh
incurs disproportionate costs in order to deal with the problems of
vacant and abandoned structures, including but not limited to police
calls, fire calls, and property inspections. It is in the public interest
for the City of Newburgh to establish minimum standards of accountability
for the owners or other responsible parties of vacant and abandoned
structures in order to protect the health, safety, and general welfare
of the residents of the City of Newburgh, and it is in the public
interest for the City of Newburgh to impose a fee in conjunction with
a registration ordinance for vacant and abandoned structures in light
of the disproportionate costs imposed on the City by the presence
of these structures.
As used in this chapter, the following terms shall have the
meanings indicated:
EVIDENCE OF VACANCY
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 are not limited to, overgrown
or dead vegetation; accumulation of debris or abandoned personal property;
and statements by neighbors, passers-by, delivery agents or government
agents, among other evidence that the property is vacant.
MUNICIPAL OFFICER
The Fire Chief, Director of the Code Compliance Bureau, and
the Building Inspector or such official within that department as
may be designated by the Director in writing.
OWNER
The title holder, any agent of the title holder having authority
to act with respect to a vacant property, and any foreclosing entity
that has obtained a judgment of foreclosure and sale (RPAPL S. 1307).
VACANT PROPERTY
Any building or structure that is not at present legally
occupied or at which all lawful business or construction operations
or residential inhabitation or other occupancy has substantially ceased
and that is in such condition that it cannot legally be reoccupied
without repair or rehabilitation, including but not limited to any
property meeting the definition of "abandoned property"; however,
any habitable property where all building systems are in sound working
order, where the building and grounds are maintained in good condition,
and (or) which is being actively marketed by its owner for sale or
rental shall not be deemed a vacant property for purposes of this
chapter.
The municipal officer may issue rules and regulations for the
administration of the provisions of this chapter.
This chapter shall become effective upon publication as provided
by law.
If any of the provisions of this chapter shall be held invalid,
the remainder shall remain valid and enforceable as provided by law.