This chapter shall be known and referred to as the "Vacant Building
Registry of Auburn, New York."
It is the finding of the Auburn City Council that vacant buildings
are unsightly, unsafe, and have a negative effect on the community.
Unfortunately, many buildings, once vacant, remain that way for years.
The purpose of this chapter is to establish a program for identifying
and registering vacant buildings, to set forth the responsibilities
of owners of vacant buildings, and to speed the rehabilitation of
vacant buildings.
Unless otherwise expressly stated, the following terms will,
for the purpose of this chapter, have the meanings indicated in this
section:
EMERGENCY SITUATION
Where the condition of a building, structure, or any part
thereof is an imminent, immediate, and substantial danger to the health
or safety of occupants, emergency responders, and/or the general public.
Such conditions include, but are not limited to, fire hazards, falling
or dilapidated buildings, structures, or any part thereof, loss of
significant water, heat, ventilation, or a lack of sanitary conditions.
ENFORCEMENT OFFICER
Any duly authorized City of Auburn employee of the Code Enforcement
or Fire Chief's office, or designated persons from those offices.
OWNER
The person, persons, or entity shown to be the owner or owners
on the records of the City of Auburn Assessor's office, those
identified as the owner or owners on a vacant building registration
form, a mortgagee in possession, a mortgagor in possession, or an
assignee of rents, receiver, executor, administrator, trustee, lessee,
other person, firm or corporation in control of the premises. Any
such person will have joint and several obligations for compliance
with the provisions of this chapter.
UNOCCUPIED
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 others:
A.
Whether lawful residential or business activity has ceased;
B.
The percentage of the overall square footage of the occupied
to unoccupied space or the overall number of occupied and unoccupied
units;
C.
The building is substantially devoid of contents or the minimal
value of fixtures or personal property in the building;
D.
The building lacks utility services;
E.
The building is subject to a foreclosure action;
F.
Duration of vacancy; and/or
G.
The presence or reoccurrence of code violations.
UNSECURED
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
VACANT BUILDING
A building, a portion of a building, or a structure which
is any one or more of the below:
A.
Unoccupied and unsecured;
B.
Unoccupied and secured by other than normal means;
C.
Unoccupied and an unsafe building as determined by an enforcement
officer;
D.
Unoccupied and an enforcement officer has issued an order to
correct code violations;
F.
Unoccupied for a period of time over 30 days.
A building which has suffered fire damage or damage caused by
extreme weather conditions will be exempt from the registration requirement
for a period of 90 days after the date of the fire or extreme weather
event if the property owner submits a request for exemption in writing
to the Code Enforcement/Fire Chief's office. This request will
include the following information supplied by the owner:
A. A description of the premises.
B. The reason for an exemption.
C. The names and addresses of the owner or owners. A post office box
is not acceptable.
D. A statement of intent to repair and reoccupy the building in an expedient
manner or the intent to demolish the building.
By registering a vacant building, an owner consents to a code
enforcement officer inspecting the premises for the purpose of enforcing
and assuring compliance with the provisions of this chapter. Upon
the request of the code enforcement officer, an owner will provide
access to all interior portions of a vacant building in order to permit
a complete inspection. Nothing contained herein, however, will 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 will 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 without same. In the case of an emergency, this section
will not apply.
Once a year, the Office of Buildings and Construction or Code
Enforcement/Fire Chief's office will send to the Mayor and to
the Auburn City Council a list of all buildings in the City declared
vacant under the provisions of this chapter, as well as a list of
all previously declared vacant buildings which are no longer subject
to the provisions of this chapter. This information may be published
on the City's website.
Any person violating any provision of this vacant building registry
or providing false information to the code enforcement officer will
be subject to the following fines:
A. Such person will be subject to a fine of $1,000 or imprisonment not
exceeding six months, or both such fine and imprisonment.
B. The term "person," as used in this section, will include the owner,
occupant, mortgagee or vendee in possession, assignee of rents, receiver,
executor, administrator, trustee, lessee, agent or any other person,
firm or corporation directly or indirectly in control of the building
or part thereof.
C. Each day of violation will be deemed to constitute a separate offense.
D. Fines levied will constitute civil forfeitures to the City of Auburn.