[HISTORY: Adopted by the Town Board of the Town of Brookhaven 12-3-2013 by L.L. No.
39-2013, effective 12-16-2013. Amendments noted where applicable.]
The Town Board finds that the proliferation of vacant and abandoned
buildings, structures and dwellings in the Town of Brookhaven causes
a deterioration of communities and areas within the Town of Brookhaven
and has a negative impact on the value of property in close proximity
to the vacant and abandoned buildings, structures and dwellings. Furthermore,
the Town Board finds that vacant and abandoned buildings, structures
and dwellings have caused a serious threat to the safety and welfare
of the residents of the Town and have eroded the quality of life of
all who live and work in the Town. Abandoned and vacant buildings,
structures and dwellings are places of infestation of rodents, vermin,
insects, wild animals and other health-threatening creatures and diseases,
provide shelter to criminals and vagrants who use such places to evade
the police and to conduct illicit activities, and are an attractive
nuisance to children and adults alike. This chapter shall not apply
to property located in the Great South Beach (Fire Island).
For purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them as follows:
A building(s) or structure(s) with a sheet(s) of plywood,
wood or similar material(s) in front or in place of one or more exterior
doors, other than a storm door, or of one or more windows.
Any building(s) or structure(s) wherein one or more persons
actually conducts a business or resides in all or any part of the
building as the business occupant, or as the legal or equitable owner(s)/occupant(s)
or tenant(s) on a permanent, nontransient basis, or any combination
of the same. For purposes of this section, evidence offered to prove
that a building is so occupied may include, but shall not be limited
to, the regular receipt of delivery of regular mail through the United
States Postal Service; proof of continual telephone, electric, gas,
heating, water and sewer services; a valid Town business license,
or the most recent, federal, state, or city income tax statements
indicating that the subject property is the official business or residence
address of the person or business claiming occupancy; or proof of
pre-rental inspection.
Any person, partnership, limited-liability company, corporation
or other entity who, alone or jointly with others, shall have legal
title to any premises, with or without accompanying actual possession
thereof; or who shall have charge, care or control of any dwelling
unit as a cooperative shareholder or as executor, administrator, trustee,
receiver or guardian of the estate or as a mortgagee in possession,
title or control, including but not limited to a bank or lending institution,
regardless of how such possession, title or control was obtained.
A building(s) or structure(s) where no person or persons
actually currently conduct a business, or reside or live in any part
of the building or structure as the legal or equitable owner(s) or
tenant-occupant(s), or owner-occupant(s), or tenant(s) on a permanent,
nontransient basis.
[Amended 1-24-2017 by L.L. No. 4-2017, effective 2-6-2017; 9-18-2023 by L.L. No. 9-2023, effective 10-2-2023]
A.
Vacant building registration and fees.
(1)
Any owner of any building which has been vacant for more than 120 consecutive days shall file with the Town a vacant building registration. Said registration shall be in a form prescribed by the Town which shall include the street address and parcel number of each such vacant building, the names and addresses of all owners, in accordance with Subsection A(1)(a) through (g) below, and any other information deemed necessary by the Town. In no instance shall the registration of a vacant building and the payment of registration fees be construed to exonerate the owner, agent or responsible party from responsibility for compliance with any other building code or housing code requirement. The registration fee(s), as required herein, shall be billed annually by the Town and shall be paid by January 1 of each year. For purposes of this section, the following shall also be applicable:
(a)
If the owner is a corporation, the names and addresses of one
officer and director of the corporation shall be provided;
(b)
If the owner is a limited-liability company, the name and address
of the managing member shall be provided;
(c)
If the owner is an estate, the name and business address of
the executor or administrator of the estate shall be provided;
(d)
If the owner is a trust, the name and address of a trustee,
or grantor shall be provided;
(e)
If the owner is a partnership, the names and addresses of all
partners with an interest of 10% or greater shall be provided;
(f)
If the owner is any other form of unincorporated association,
the names and addresses of a principal with an interest of 10% or
greater shall be provided;
(g)
If the owner is an individual person, the name and address of
that individual person shall be provided.
(2)
Local agent.
(a)
If none of the persons listed in Subsection A(1)(a) through (g) above are within the state, the registration statement also shall provide the name and address of a person, or responsible business property manager, who resides within the state and who is authorized to accept service of process on behalf of the owners.
(b)
The registration statement shall designate a responsible, local
party or agent for purposes of notification in the event of an emergency
affecting the public health, safety or welfare.
B.
Fee.
(1)
The owner(s) of the vacant property(ies) shall be responsible to
register and pay the annual nonrefundable registration fee. Thereafter,
said fee shall be billed by the Town annually.
(2)
One vacant building registration may be filed to include all vacant
buildings situated upon a single property of an owner so registering.
The fee shall apply to the property upon which the buildings are situated.
A separate fee need not be paid for each building upon a single property.
C.
Appeal rights. The owner shall have the right to appeal the imposition
of the registration fees to the Commissioner of Planning, Environment
and Land Management, upon filing an application in writing to the
Town Attorney no later than 30 calendar days from the date of the
billing statement. On appeal, the owner shall bear the burden of providing
proof that the building is occupied.
D.
Waiver of registration fee. A waiver of the registration fee for
up to 180 days may be granted by the Town Attorney upon application
of the owner and upon review and advice of the Town Attorney, within
30 calendar days from the date of the bill for the registration fee,
or if denied by the Town Attorney, upon appeal to the Commissioner
of Planning, Environment and Land Management, if the owner:
(1)
Demonstrates with satisfactory proof that he/she is in the process
of demolition, rehabilitation, or other substantial repair of the
vacant building; and demonstrates the anticipated length of time for
the demolition, rehabilitation, or other substantial repair of the
vacant building; or
(2)
Demonstrates he/she is actively attempting to sell or lease the property
during the vacancy period; and
(3)
Is current on all registration fees and all other financial obligations
and/or debts owed to the Town which are associated with the vacant
property.
E.
Two-year waiver. Upon application by the owner and satisfaction of Subsection D above, the Town Attorney may grant a one-time, two-year waiver of the registration fee, or if denied by the Town Attorney, upon appeal to the Commissioner of Planning, Environment and Land Management, if the owner meets the criteria for nonprofit organizations.
F.
Delinquent registration fees as a lien.
(1)
After the owner is given notice of the amount of the registration
fee due, except for those owners that have properly perfected an appeal
as provided above, and the owner fails to pay the amount due, said
amount shall constitute a debt due and owing to the Town.
(2)
Duty to amend registration statement. If the status of the registration
information changes during the course of any calendar year, it is
the responsibility of the owner, responsible party or agent for the
same to contact the Town within 30 days of the occurrence of such
changes and advise the Town in writing of those changes.
(3)
Exceptions. This section shall not apply to any building owned by
the United States, the state, the county, nor to any of their respective
agencies or political subdivisions.
[Amended 9-18-2023 by L.L. No. 9-2023, effective 10-2-2023]
The Town shall notify the local police, fire and ambulance of
all locations on the registry.
[Amended 9-18-2023 by L.L. No. 9-2023, effective 10-2-2023]
Any owner, or agent of an owner acting on behalf of the owner,
who fails to register a vacant building or to pay any fees required
to be paid pursuant to the provisions of this chapter, within 30 days
after they become due, shall constitute a violation punishable upon
conviction thereof by a fine in the amount of not less than $1,000
nor more than $15,000 for each failure to register, or for each failure
to pay a required vacant building registration fee.
