It is the finding of this City Council that buildings which
remain vacant, with access points boarded over, are unsightly, unsafe
and have a negative effect on their surroundings. This is particularly
troublesome in all neighborhoods. Unfortunately, many buildings, once
boarded, remain that way for many years. The purpose behind this article
is to establish a program for identifying and registering vacant buildings;
to determine the responsibilities of owners of vacant buildings and
structures; and to speed the rehabilitation of the vacant properties.
It is the further intent of this City Council that condominiums are
exempt from coverage of this legislation.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have the meanings indicated:
ENFORCEMENT OFFICER
A duly authorized representative of the Department of Housing
and Buildings, the Police Department, Department of Public Works and
the Fire Department.
HABITABLE
A building or space that meets or exceeds the New York State
minimum requirements for human occupancy.
[Added 6-30-2015 by L.L.
No. 15-2015]
OWNER
Those shown to be the owner or owners on the records of the
City of Yonkers, Department of Assessment, those identified as the
owner or owners on a vacant building registration form, a mortgagee
in possession, a mortgagor in possession, assignee of rents, receiver,
executor, trustee, lessee, other person, firm or corporation in control
of the premises. Any such person shall have a joint and several obligation
for compliance with the provisions of this section.
PERFORMANCE GUARANTY
A bond, letter of credit, cash escrow or other acceptable
form of guaranty, as determined by the Commissioner, to cover the
City's potential cost of correcting code violations or abating unsafe
or imminently dangerous conditions. The sufficiency of such performance
guaranty shall be determined by the Commissioner after consultation
with the Corporation Counsel and other officials and agencies of the
City of Yonkers as appropriate.
UNOCCUPIED
A building which is vacant or is not legally being used for
an occupancy authorized by the owner.
UNSECURED
A building or portion of a building which is open, accessible
or an attractive nuisance.
VACANT BUILDING
A building which in whole or in part is:
B.
Unoccupied and unsecured;
C.
Unoccupied and secured by other than normal means;
D.
Unoccupied as determined by the appropriate City, county or
state department or agency;
E.
Unoccupied and has multiple housing or building code violations;
F.
Illegally occupied and/or not habitable;
[Amended 6-30-2015 by L.L. No. 15-2015]
G.
Unoccupied for a period of time of 45 days, unless good cause
can be shown to the Commissioner of Housing and Buildings that would
warrant an extension of three months;
H.
Unoccupied and has exterior violations.
[Added 6-30-2015 by L.L.
No. 15-2015]
A. The property owner may appeal any adverse decision of the Buildings
Commissioner under this article to the Vacant Buildings Review Board
by filing a written request for review with the Building Commissioner,
setting forth the reasons for the appeal, within 10 days after receipt
of the determination from the Building Commissioner.
B. The appeal will be considered by the Vacant Buildings Review Board
which shall consist of the Commissioner of Housing and Buildings or
his/her designee, the Commissioner of Planning and Development or
his/her designee and the Corporation Counsel or his/her designee.
C. A timely request for appeal shall stay any action of the Building
Commissioner until the Vacant Buildings Review Board has decided the
appeal. If a request for appeal is not made within the ten-day period,
the action of the Building Commissioner is final.
D. The property owner shall be entitled to a hearing by the Vacant Buildings
Review Board only if requested in the written request for review.
E. The Vacant Buildings Review Board shall consider the evidence submitted
by the property owner while reviewing the decision of the Building
Commissioner. The Board shall make its decision on the basis of the
preponderance of the evidence. The Board must render a decision within
30 days after the request for an appeal is filed. The Board shall
affirm, reverse or modify the action of the Building Commissioner.
The decision of the Board is final as to administrative remedies with
the City.