It is the intention of the Massena Village Board to protect
the public health, safety and welfare by authorizing the establishment
of procedures to identify, abate and eliminate the presence of blight
upon properties throughout the Village.
Blighted property. The following conditions will be factors
in evaluating whether or not a property is designated as a blighted
property:
A. A determination by Code Enforcement that the property is in a condition
which poses a serious threat to the safety, health, and/or general
welfare of the community: 50 points.
B. The owner of the property has been issued a summons and/or has been
prosecuted for any violation of the Code of the Village of Massena,
and the violation(s) associated with such summons and/or prosecution
have not been corrected: 50 points.
C. The property has attracted or been an instrument of illegal, noxious or deleterious activity as defined in Chapter
218, Public Nuisances, and/or in common law: 50 points.
D. A determination has been made by the Code Officer that the conditions
upon the property constitute a fire hazard: 50 points.
E. The property is creating a substantial interference with the lawful
use and/or enjoyment of other space within a structure/building or
within the surrounding neighborhood: 50 points.
F. The property is determined to be unmaintained by a Village Code Enforcement
Officer/Official based upon evidence of the persistent and continued
existence of the following deleterious conditions:
(1) Boarded windows, doors, entryways or exits: five points.
(2) Broken or unsecured windows: 10 points.
(3) Broken or unsecured doors, entryways or exits: 10 points.
(4) Excessive litter or debris: 10 points.
(5) Overgrown grass at least six inches or higher or other overgrown
vegetation or shrubbery: 10 points.
(6) Unregistered motor vehicle: 10 points (see §
300-23Q).
(7) Broken, unsecured or in disrepair:
(g)
Accessory structures including but not limited to: decks, sheds,
porches, pools, pool houses or cabanas, garages, carports, storage
units, front and rear porches, outside statuary, and fish ponds: 15
points.
(8) Storage of a junked vehicle: 15 points.
(9) Damaged, unsightly, unsecured or unpermitted signage or awnings:
15 points.
(10)
Presence of graffiti: 10 points.
(11)
Broken, unsecured or in disrepair fencing: 10 points.
(12)
Broken, unsecured or in disrepair outdoor lighting fixtures:
five points.
(13)
Broken, exposed or hazardously utilized electrical wires, electrical
equipment or extension cords: 15 points.
(14)
Unfinished construction: 20 points.
(15)
Damaged, dead or fallen trees or limbs: 10 points.
(16)
Evidence of fire damage to the property which has not been repaired
or restored: 10 points.
(17)
Peeling or deteriorated paint: five points.
(18)
Presence of stagnant water: 10 points.
(19)
Open or unsecured wells, cesspools or cisterns: 10 points.
(20)
Presence of vermin, rodent harborage and infestation: 30 points.
(21)
Presence of any violation identified within this chapter: 20
points.
(22)
Outdoor storage.
(a)
Presence within/upon an outdoor area of the improper storage
of:
[1]
Refrigerator, washing machine, sink, stove, heater, boiler,
tank, other household appliances, boxes or indoor furniture for a
period in excess of 72 consecutive hours: 10 points.
[2]
Lumber, construction materials, dirt, debris, trash, garbage
or uncovered refuse cans, accumulated refuse or garbage in covered
refuse cans which is not timely or properly disposed of: 10 points.
(b)
Outdoor storage exemptions:
[1]
Machinery installed within the rear setback areas for household
or recreational use.
[2]
The presence of refuse or trash cans, recycling bins or other
debris which has been secured, placed or stored in compliance with
this code.
For purposes of this chapter the following words will have the
following meanings:
BLIGHT COMMITTEE
A committee comprised of two Village Trustees (appointed
by the Village Mayor) and a Code Enforcement Officer.
BLIGHTED PROPERTY
An improved or vacant property which meets or exceeds a point
value of 100 points as set forth within this chapter.
BLIGHTED PROPERTY INVENTORY LIST
A list containing properties within the Village which possess
an accumulation of blight conditions equaling or exceeding a point
value of 100 points.
DEFACEMENT
Any mark on the face or surface of, disfigurement, injury,
damage or alteration to the appearance of the property without the
express permission of the owner or person or entity in control thereof.
DILAPIDATED
Extreme disrepair such that a structure or dwelling unit
or commercial space is unfit or unsafe for habitation or occupancy.
GRAFFITI
Any inscription, mark or design which has been written, etched,
scratched, painted or drawn or otherwise visible upon a premises.
JUNKED VEHICLE
An unregistered motor vehicle not suitable for operation.
LEGAL OCCUPANCY
Occupancy that exists by virtue of fee ownership, a bona
fide lease agreement, a rent receipt or, if necessary, a utility statement,
and which occupancy is in compliance with federal, state, local laws,
local zoning, local housing, and all other pertinent rules, regulations
and codes.
NEIGHBORHOOD
An area of the Village of Massena defined by its residents
and its distinctive characteristics.
REGISTRATION FEES
An annual fee imposed upon properties which are listed on
the blighted property inventory list.
RESTORATION AGREEMENT
A legal and binding agreement between the Village and a given property owner, wherein said property owner proposes to complete specific repairs and/or improvements in order to resolve conditions existing on his or her property as identified by a Code Enforcement Official in accordance with the definition of "blighted property." Such repairs and/or improvements will be outlined on an explicitly fixed timeline and as such will be offered a full exemption from the annual registration fee outlined in §
105-6D. The Blight Committee will have the authority, on behalf of the Village, to execute such restoration agreement.
VACANT
A period of 60 days or longer during which a building or
structure or part thereof, or land is not legally occupied.
UNIT
Any space within a building that is or can be rented by or
to a single person or entity for his/her/its sole use and is intended
to be a single and distinct space.
No owner, agent, tenant, business entity, voluntary association,
nonprofit organization, or person in control of real property located
within the Village of Massena will allow, create, maintain or cause
to be created or maintained, any blighted property.
Any entity and/or individual that purchases a property registered
on the Village's blighted property inventory list may be offered
certain incentives from the Village.
A. All incentives are at the complete and absolute discretion of the
Blight Committee. The factors to be considered in granting an incentive
include, but are not limited, to the following: The rating of the
purchased property, the location of the purchased property, the degree
of repair and development necessary, the impact of the proposed project
on the Village's economy, the environmental condition of the
project site(s), and the applicant's liability and other insurance
coverage.
B. Incentives may include, but are not limited to, a 25% reduction of
certain permit and/or application fees to be collected by the Village
of Massena Building and Code Enforcement Department and/or an acceleration
of the processing of certain permits as issued by the Village of Massena
Building and Code Enforcement Department.
C. Applicants for an incentive must demonstrate the ability to pay for
their proposed projects either through commitment letters for loans
obtained from a commercial lender of their selection or through the
availability of developer funds.
D. Any request for an incentive will be made by a property owner making
a written request to the Village of Massena Building and Code Enforcement
Office. Any such request may not be made until after an application
has been made for a building permit for the blighted property at issue,
or an application has been made to initiate an administrative process
which would enable the submission of a building permit application
(such administrative processes include, but are not limited to, the
change of zone process, application for a variance from the Zoning
Board of Appeals, and/or site plan review).