City of Olean, NY
Cattaraugus County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Olean as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-12-2015 by L.L. No. 2-2015]

§ LL2.5-1 Purpose.

(a) 
The City of Olean of Common Council has determined that unsafe and blighted properties pose a threat to life and property in the City of Olean. The Common Council has further determined that certain economic conditions have led to an increase in real property foreclosures under the New York Real Property Tax Law and Real Property Actions and Proceedings Law and that many of these foreclosed properties have become neglected and in violation of Olean City Code Chapter 12. These violations create a continuing safety and health menace to the persons and property in the City of Olean.
(b) 
It is the purpose of this article to provide for the safety, health protection and the general welfare of the persons and property in the City of Olean by requiring that foreclosed properties be inspected and issued a certificate of continued occupancy by the Code Enforcement Office prior to the indexing of the record of conveyance by the City Assessor.

§ LL2.5-2 Title.

This article shall be known as the "Foreclosure Inspection Law" of the City of Olean.

§ LL2.5-3 Definitions.

For the purposes of this article only, the following words shall be interpreted and defined as follows:
BUILDING
Any building, structure or portion thereof used for residential, commercial, or industrial purpose.
CERTIFICATE OF CONTINUED OCCUPANCY
That document issued by the City of Olean upon determination by the Code Enforcement Office or its designee that a dwelling is fit for human habitation in accordance with the provisions of the ordinances of the City of Olean and the laws, rules and regulations of the State of New York. This certificate shall be issued in the same manner as a certificate of occupancy under Olean City Code Chapter 26.
DIRECTLY
A conveyance at a public sale under Article 13 of the New York Real Property Actions and Proceedings Law or Article 11 of the New York Real Property Tax Law.
FORECLOSED PROPERTY
Any property in the City of Olean that is being transferred directly or indirectly as a result of a proceeding commenced under Article 13 of the New York Real Property Actions and Proceedings Law or Article 11 of the New York Real Property Tax Law.
INDIRECTLY
A conveyance where the seller is a mortgagee conveying title as a result of having acquired the same through a deed in lieu of a foreclosure or judicially through a tax foreclosure under Article 11 of the New York Real Property Tax Law.
RECORD OF CONVEYANCE
The procedure established under Chapter C, Article VI, Section 6.007 of the Charter of the City of Olean for the indexing and recording of all land conveyances in the City of Olean required before the conveyance can be recorded in the office of the Cattaraugus County Clerk.

§ LL2.5-4 Inspection and certificate of continued occupancy required.

(a) 
It shall hereafter be unlawful for a property conveyed directly or indirectly under Article 13 of the New York Real Property Actions and Proceedings Law or Article 11 of the New York Real Property Tax Law without having first been inspected and issued a certificate of occupancy under Chapter 26 of the City of Olean Code of Ordinances.
(b) 
The City assessor shall not stamp, countersign or otherwise record any conveyance subject to this article unless such conveyance is accompanied by a certificate of continued occupancy dated within 30 days of the proposed conveyance.

§ LL2.5-5 Application and fee.

The mortgagee or lienholder of a foreclosed property seeking to obtain or transfer title to property for which a certificate of continued occupancy is required under this article shall make application therefor to the City of Olean Code Enforcement Office on application forms furnished for that purpose. The fee for the inspection and certificate shall be as set forth in Chapter 6 and shall be payable to the City of Olean in advance of the inspection.

§ LL2.5-6 Effect of application and inspection.

(a) 
Every property subject to this article shall be timely granted a certificate of continued occupancy if such property and any building thereon are in compliance with the Olean City Code and the laws, rules and regulations of the State of New York.
(b) 
If such property is found not to be in compliance with the Olean City Code and the laws, rules and regulations of the State of New York, a notice of violation and order to remedy will be issued by the Code Enforcement Office detailing the violations and corrective measures necessary prior to the issuance of the certificate of continued occupancy.
(c) 
If the Office of Code Enforcement or the Fire Chief, after an inspection, determines that there is an imminent danger to person or property, the City of Olean may take immediate action to secure the property for the public's safety, and any expense incurred in doing so shall be a lien on the property enforceable in the same manner as a lien for the nonpayment of water and sewer rents.

§ LL2.5-7 Applicability of Chapter 26.

To the extent not specifically addressed herein, any party or property subject to this article shall have all the procedural remedies available under Chapter 26 of the Olean City Code of Ordinances.