[Adopted 9-15-2014 by L.L. No. 5-2014]
It is the purpose and intent of the Village to establish a process
to address the number of abandoned/vacant real properties located
within the Village. It is the Village's further intent to specifically
establish an abandoned/vacant real property program as a mechanism
to protect neighborhoods from becoming blighted through the lack of
adequate maintenance and security of abandoned/vacant properties.
The Village Board finds that the proliferation of vacant and abandoned
buildings, structures and dwellings in the Village of Colonie can
cause a deterioration of communities and areas within the Village
and can have a negative impact on the value of property in close proximity
to the vacant and abandoned buildings, structures and dwellings. Furthermore,
the Village finds that vacant and abandoned buildings, structures
and dwellings can cause a serious threat to the safety and welfare
of the residents of the Village and can erode the quality of life
to all who live and work in the Village. 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.
The purpose of this article requiring the registration of all
vacant and abandoned buildings, structures and dwellings as referenced
below, and the payment of registration fees is to assist the Village
in protecting the public health, safety and welfare, to monitor the
number of vacant and abandoned buildings in the Village, to assess
the effects of the condition of those buildings on nearby businesses
and the neighborhoods in which they are located, particularly in light
of firesafety hazards and unlawful, temporary occupancy by transients,
including illicit drug users and traffickers, and to require the owners
and mortgagees of such vacant or abandoned buildings their registration
and the payment of related fees, and to promote substantial efforts
to rehabilitate such vacant buildings. The provisions of this article
are applicable to the owners and mortgagees of such vacant or abandoned
buildings as set forth herein and are in addition to and not in lieu
of any and all other applicable provisions of this chapter, the health
and sanitation code, and any other applicable provisions of the Village
of Colonie Code.
A.
BOARDED
EXTERIOR MAINTENANCE and MAJOR SYSTEMS
OCCUPIED
OPEN
OWNER
VACANT
Definitions. For purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to them as follows.
A building or structure subject to the provisions of this
article shall be deemed to be boarded if in place of one or more exterior
doors, other than a storm door, or of one or more windows, there is
a sheet or sheets of plywood or similar material covering the space
for such door or window.
The safe and lawful maintenance of the facade, windows, doors,
roof, and other parts of the exterior of the building and the maintenance
of its major systems consisting of the roof, the electrical and plumbing
systems, the water supply system, the sewer system, and the sidewalk,
driveway, if any, and area of the lot.
Any building or structure shall be deemed to be occupied
if one or more persons actually conducts a lawful business or resides
in all or any part of the building as the licensed business occupant,
or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent,
nontransient basis, or any combination of the same. For purposes of
this article, 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;
or the most recent, federal or state income tax statements indicating
that the subject property is the official business or residence address
of the person or business claiming occupancy.
A building or structure subject to the provisions of this
article shall be deemed to be open if any one or more exterior doors
other than a storm door is broken, open and/or closed but without
a properly functioning lock to secure it, or if one or more windows
is broken or not capable of being locked and secured from intrusion
or any combination of the same.
An owner or the freehold of the premises or any lesser estate
therein, a mortgagee, a vendee-in possessions, assignee of rents,
receiver, executor, trustee, lessee, agent or any other person, firm
or corporation that is directly or indirectly in control of a building
subject to the provisions of this article, and as set forth below.
A building or structure shall be deemed to be vacant if no
person or persons actually currently conducts a lawfully licensed
business in any part of the building, or lawfully resides or lives
in any part of the building as the legal or equitable owner(s) or
tenant-occupant(s), or owner-occupant(s), or tenant(s) on a permanent,
nontransient basis.
B.
Applicability. The requirement of this article shall be applicable
to each owner and mortgagee of any building that is not a dwelling
that shall have been vacant for more than 35 consecutive days and
to each owner and mortgagee of residential property consisting of
one or more vacant dwellings that shall have been vacant for more
than 35 consecutive days.
A.
Owner. Every owner of real property located within the Village that
is abandoned or vacant as those terms are defined herein shall register
the property with the Village Code Enforcement Officer or his or her
designee on forms provided by the Village and shall pay the fees as
required by this article. A registration is required for each vacant
property.
B.
Mortgagee. Any mortgagee who holds a mortgage on real property located
within the Village of Colonie upon default by the mortgagor and prior
to the issuance of a notice of default or the filing of a lis pendens
with the County Clerk, whichever is earlier, shall perform an inspection
for the property that is the security for the mortgage. If the property
is found to be vacant or shows evidence of vacancy it shall be deemed
abandoned/vacant real property and the mortgagee shall within 10 days
of the inspection register the property with the Village Code Enforcement
or his or her designee on forms provided by the Village and shall
pay the fees as required by this article. A registration is required
for each vacant property. If the property is occupied but the mortgage
on the property remains in default, the property shall be inspected
by the mortgagee or his or her designee monthly until:
(1)
The mortgagor or other party remedies the default; or
(2)
It is found to be vacant or shows evidence of vacancy at which time
it is deemed abandoned/vacant and the mortgagee shall within 10 days
of that inspection register the property with the Code Enforcement
Officer or his or her designee on forms provided by the Village and
shall pay the fees as required by this article.
Each such owner and mortgagee shall cause to be filed a notarized
registration statement, which shall include the street address and
Tax Map parcel number of each such vacant building, the names and
addresses of all owners, and any other information deemed necessary
by the Code Enforcement Officer or his or her designee. The registration
fee(s), as required herein, shall be paid to the Village Clerk and
shall be paid upon the initial registration of each abandoned building
and within 10 days of the yearly anniversary date of the initial registration
thereafter. For purposes of this section, the following shall also
be applicable:
A.
If the owner is a corporation, the registration statement shall provide
the name and business and residence address, together with the work,
home and cell phone telephone numbers and e-mail address of a responsible
officer of the corporation that will allow the Village to contact
the responsible officer on a twenty-four hour basis;
B.
If an estate, the name and business and residence address of the
executor of the estate and the work, home and cell phone telephone
numbers and e-mail address of the executor;
C.
If a trust, the name and business and residence address of all trustees,
grantors, and beneficiaries and the work, home, and cell phone telephone
numbers and e-mail addresses of all of the trustees and beneficiaries;
D.
If a partnership, the names and residence and business addresses
of all partners with an interest of 10% or greater and the work, home
and cell phone telephone numbers and e-mail addresses of all such
business partners;
E.
If any other form of unincorporated association, including limited
liability companies, the names and residence and business addresses
of all principals or members or managers with an interest of 10% or
greater and the work, home and cell phone telephone numbers and e-mail
addresses of all such principals or members or managers;
F.
If an individual person, the name and residence address of that individual
person and the work, home and cell phone telephone numbers and e-mail
address of such person.
If none of the persons listed above is shown at an address within
the state, the registration statement also shall provide the name
and address of a person who resides within the County of Albany, State
of New York, and who is authorized to accept service of process on
behalf of the owners or mortgagees and who has been designated as
responsible, local party or agent, both for the purposes of notification
in the event of an emergency affecting the public health, safety or
welfare and for the purposes of service of any and all notices or
registration statements as herein authorized and in connection herewith.
Registration shall be required for all vacant or abandoned buildings,
whether vacant and secure, vacant and open or vacant and boarded,
and shall be required whenever any building has remained vacant for
35 consecutive days or more. In no instance shall the 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. One registration statement must be filed
for each vacant building of the owner or mortgagee so registering
and separate fee paid therefor. The owner or mortgagee of the vacant
or abandoned real property as of the yearly anniversary date of the
initial registration filing shall be responsible for the payment of
the nonrefundable registration fee. Said fee shall be established
by separate Village Board resolution and shall be paid to the Village
Clerk and shall be based on the duration of the vacancy as determined
by said separate Village Board resolution.
The owner or mortgagee shall have the right to appeal the imposition
of registration fees to the Board of Trustees, upon filing a written
application of appeal on a form to be provided by the Village with
the applicable nonrefundable appeal filing fee of $150. The written
appeal application must be filed in the office of the Village Clerk
no later than 30 calendar days from the date of payment of the registration
fee. On appeal, the owner shall bear the burden of providing satisfactory
objective proof of occupancy, as defined herein.
After the owner or mortgagee is given notice of the amount of
the registration fee due and the owner fails to pay the amount due,
said amount shall constitute a debt due and owing to the Village and
the Village may commence a civil action to collect such unpaid debt.
After the owner or mortgagee is given notice of the amount of
the registration fee due, and the owner fails to pay the amount due,
said amount so assessed shall constitute a lien and charge on the
real property on which it is levied until paid or otherwise satisfied
or discharged and shall be collected in the same manner and at the
same time as other Village taxes and charges.
If the status of the registration information changes during
the course of any calendar year, it is the responsibility of the owner,
mortgagee, responsible party or agent for the same to contact the
head of the Village Code Enforcement Department within 30 days of
the occurrence of such changes and advise the Code Enforcement Department
in writing of those changes.
This article shall not apply to any building owned by the United
States, the state, the county, the Village nor to any of their respective
agencies or political subdivision.
A.
Penalties. The failure or refusal for any reason of any owners, mortgagee,
responsible person or agent of an owner acting on behalf of the owner,
to register a vacant building or to pay any fees required to be paid
pursuant to the provisions of this article, 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 $500 nor more than
$1,500 for each failure or refusal to register, or for each failure
or refusal to pay a required vacant building registry fee, as applicable;
however, the minimum mandatory fine for a violation of this article
shall not be less than double the amount of the registration fee due
and owing. There shall be no unconditional discharges or suspended
sentences upon a finding of a violation of this article.
B.
Discontinuance of water service. Failure to register a vacant or
abandoned building within 30 days of the request for registration,
the Village of Colonie may, and in its sole option, proceed to either
terminate water service and/or remove the water meter from the subject
premises.
This article is intended to be used in conjunction with existing
laws, and nothing in this article shall be construed as rendering
other applicable laws invalid. Where no law exists or where existing
laws are silent in any area where this article sets forth specific
pros, the provisions of this article shall apply. In any situation
where a conflict exists between a provision of this article and any
existing law, the more restrictive requirement shall prevail, unless
otherwise specified.
A.
For properties that are vacant for less than one year: $500.
B.
For properties that are vacant for more than one year on the anniversary,
but less than two years: $750.
C.
For properties that are vacant for at least two years on the anniversary
but less than three years: $1,250.
D.
For properties that are vacant for at least three years on the anniversary,
but less than four years: $2,250.
E.
For properties that are vacant for at least four years on the anniversary,
but less than five years: $ 3,250.
F.
For properties that are vacant for at least five years on the anniversary,
but less than 10 years: $3,750.
G.
For properties that are vacant for at least 10 years on the anniversary;
$5,250 plus an additional $750 for each year in excess of 10 years.
H.
All fees specified in this article are nonrefundable and are not
cumulative.
