[HISTORY: Adopted by the Common Council of the City of Kingston 10-4-2016 by L.L. No. 6-2016,[1] approved 10-19-2016. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
179, Buildings, Vacant, adopted 3-4-2014, approved 3-5-2014, as amended.
A.
The Common Council of the City of Kingston, Ulster County, New York,
recognizes that there is a rising number of properties within the
City that have become vacant or abandoned as the result of the mortgage
foreclosure process under New York State law or for other reasons.
The Common Council recognizes that certain buildings, both residential
and commercial, have remained abandoned, vacant or boarded up for
long periods of time, some for many years. As such, these buildings
and the properties upon which they are constructed can become unsightly
and unsafe and have a negative effect on their surroundings and upon
the community in general. The purpose of this chapter is to establish
a program for identifying and registering abandoned and vacant buildings
and properties; to determine the responsibility of the owners or mortgagees
of these properties; to set forth the process for securing, maintaining
and rehabilitating these properties; and to require the registration
of these properties with the Building Official/Code Enforcement Officer
of the City of Kingston.
B.
The Common Council of the City of Kingston intends that the provisions
of this chapter are to prevent properties that have been abandoned
and/or vacant from becoming dangerous, blighted, overgrown, susceptible
to vandalism and otherwise nuisances to the public in general and
specifically to surrounding property owners. The Common Council recognizes
that properties involved in the mortgage foreclosure process in particular
are left vacant and/or abandoned and could breed nuisance and criminal
activity for months and years after. Accordingly, the Common Council
believes that the provisons of this chapter are in the best interests
of the public health and safety.
As used in this chapter, the following terms shall have the
meanings indicated:
A building which is vacant and not properly maintained as set forth in § 179-5A.
A duly authorized representative of the City of Kingston,
Ulster County, New York, holding the position of Building Official,
Deputy Building Official, Code Enforcement Officer, Building or Fire
Inspector, or a duly authorized representative of the City of Kingston
Building Department.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
The legal process by which any parcel, tract, lot or other
defined area of real property, including the improvements located
thereon, placed as security for a real estate loan, is sought to be
sold by the lender/mortagee to satisfy the debt if the borrower/mortgagor
defaults. This definition shall include all processes, activities,
and actions by whatever name associated with the described process.
The agent designated by the owner or mortgagee upon registration
as required by this chapter.
The creditor, including, but not limited to, service companies,
lenders in a mortgage agreement and any agent, servant, or employee
of the mortgagee, or any successor in interest and/or assignee of
the mortagee's rights, interests or obligations under the mortgage
agreement.
A recorded notice that a default has occurred under a mortgage
and that the mortgagee intends to proceed with a foreclosure sale.
Owner or owners of record on the assessment rolls of the
Office of the Assessor of the City of Kingston; those identified as
the owner or owners on a vacant building registration form; a mortgagee
in possession; a mortgagor in possession; a receiver or assignee of
rents; an executor, trustee, or other person, firm, entity or corporation
in control of the property or premises. Such persons or entities may
have joint and several obligations for compliance with the provisions
of this chapter.
Any measures that assist in making the property inaccessible to unauthorized persons as set forth in § 179-5A below.
A building or property or portion of same which is unoccupied
for greater than 90 days.
A.
Within 10 days of the filing of a lis pendens and/or an action to
foreclose upon a mortgage or similar security instrument, all mortgagees
must register with the Building Official/Code Enforcement Officer
of the City of Kingston, on forms provided by said official, all property
in foreclosure within the City of Kingston. For properties for which
a lis pendens and/or action for foreclosure upon a mortgage or a similar
security instrument has been instituted prior to the effective date
of this chapter and which has not yet been registered pursuant to
this chapter, all mortgagees must register such properties within
60 days of the effective date of this chapter.
B.
Mortgagees must designate and retain a local individual or local
agent or property management company as the local agent responsible
for the security and maintenance of the property. Owners of property
that do not reside in the City of Kingston must provide a name, address
and contact information of a local agent with whom the owner has entered
into a contract or agreement for property management.
C.
All owners of vacant or abandoned properties shall register with
the Building Official/Code Enforcement Officer of the City of Kingston
not later than 10 days after any building in the City becomes an abandoned
or vacant building and not later than 20 days after being notified
by the Building Official/Code Enforcement Officer of the City of Kingston
of the requirement to register. The Building Official/Code Enforcement
Officer may identify vacant and/or abandoned buildings through his/her
routine inspection process as well as through notification by residents,
neighbors, neighborhood groups or other community groups that a building
may be vacant and/or abandoned and eligible for inclusion on the required
registry. Registration by owners shall be submitted on forms provided
by the Building Official/Code Enforcement Officer of the City of Kingston.
D.
All owners and mortgagees must supply the following information to
the Building Official/Code Enforcement Officer of the City of Kingston.
(1)
A description of the premises, including the property address, as
well as the section, block and lot number of the property as set forth
in the tax records of the City of Kingston located in the Office of
the Assessor of the City of Kingston.
(2)
The names and addresses of the owner or owners, or mortgagee or mortgagees.
(3)
Whether or not the owner or owners, or mortgagee or mortgagees, reside
in the City of Kingston, the name and address for the owner, owners,
mortgagee, or mortgagees, mailing address, telephone number, local
agent's name, mailing address, telephone number and e-mail address
for the owner, owners, mortgagee or mortgagees. Mailing addresses
may not be a post office box but must be an actual street address
where the owner, owners, mortgagee, or mortgagees reside or do business.
(4)
The name, street address, telephone number and e-mail address of
a natural person 21 years of age or older designated by the owner,
owners, mortgagee, or mortgagees as the authorized agent for receiving
notices of code violations and/or receiving process in any court proceeding
or administrative enforcement proceeding on behalf of such owner,
owners, mortgagee or mortgagees in connection with the enforcement
of any applicable code, ordinance, local law, regulation or statute.
The agent for service of process must maintain an office or reside
in Ulster County, New York.
(5)
The name, street address, telephone number and e-mail address of
the firm or individual responsible for maintaining the property. The
individual or representative of the firm responsible for maintaining
the property must maintain an office or reside within Ulster County,
New York, and shall be available by telephone or in person on a twenty-four-hour-per-day,
seven-days-per-week basis.
(6)
A statement or plan as to what will be done to secure the structure
and property so that it will not become open to the general public.
(7)
The status of water, sewer, natural gas and electric utilities winterization
of pipes at the structure and property.
A.
By designating an authorized agent as set forth above under the provisions
of this chapter, the owner and/or mortgagee consents to receive any
and all notices of code violations concerning the registered abandoned
or vacant property and all process in any court proceeding or administrative
enforcement proceeding brought to enforce code provisions concerning
the registered building or property by service of the notice or process
on the authorized agent. Any owner who has designated an authorized
agent under the provisions of this section shall be deemed to consent
to the continuation of the owner's designation for the purpose
of this section until the owner notifies the Building Official/Code
Enforcement Officer of the City of Kingston in writing of a change
of authorization or until the owner files a new annual registration
statement.
B.
Any owner who fails to register a vacant or abandoned property under
the provisions of this chapter shall further be deemed to consent
to receive, by posting at the building and by regular mail at such
owner's most recent address of record, any and all notices of
code violation and all process of administrative or legal proceedings
brought to enforce code provisions or other laws or regulations concerning
the structure or property.
The owner or mortgagee of any structures that become vacant
or abandoned and any person designated as an agent or responsible
for maintaining such structure or vacant property shall, within 30
days of the structure becoming abandoned or vacant or 30 days of the
owner or mortgagee taking title to the property, whether or not the
deed for said property has been recorded with the Ulster County Clerk,
meet the following requirements:
A.
All vacant real property shall at all times be properly maintained.
A vacant building or structure shall be considered properly maintained
if the following requirements are met:
(1)
It has all doors and windows and other openings weathertight and
secured against entry by the general public as well as animals.
(2)
All roof and roof flashings shall be sound and tight such that no
rain will penetrate the structure and must allow for appropriate drainage
so as to prevent deterioration of the interior walls or other interior
portions of the building. No temporary measures shall be permitted,
such as tarps, canvas, plastic, boards, etc. Temporary boarding of
windows may be permitted upon application and consent by the Building
Official of the City of Kingston. The Building Official shall have
the discretion to determine how long boarding may be permitted.
(3)
The building must be maintained in good repair and be structurally
sound and free from rubbish, garbage, and other debris.
(4)
Structured members of the building shall be capable of bearing both
live and dead loads, and the foundation walls likewise shall be capable
of supporting an appropriate load.
(5)
The exterior of the structure shall be free of loose or rotten materials
as well as holes. Any exposed metal, wood or other surface shall be
protected from the elements by appropriate weather coating materials
(paint or similar treatment).
(6)
Any balconies, canopies, signs, metal awnings, stairways, fire escapes
or other overhanging extensions shall be in good repair and appropriately
anchored. The exposed metal and wood surface of such overhanging extensions
shall also be protected from the elements and against rust or decay
by appropriate application of paint or similar weather coating.
(7)
Any accessories or appurtenant structures, including but not limited
to garages, sheds, and other storage facilities, shall meet the same
standards.
(8)
All bushes must be trimmed so as to provide an unobstructed view
of the front of the house from the public roadway.
(10)
The property shall be maintained in accordance with Chapter 3 of the Property Maintenance Code of New York State.
(11)
All combustibles must be removed from the interior of all buildings
and the exterior of the property.
(12)
Smoke and carbon monoxide detectors shall be installed and maintained
in operable condition at all times.
(13)
The Building Official/Code Enforcement Officer of the City of
Kingston shall be provided with proof of inspection of the premises
by the agent or responsible party at least every 30 days after the
abandonment commences.
(14)
The grounds of the structure, including yards, fences, sidewalks,
walks and driveways, shall be well maintained and kept free from trash
or debris.
B.
In addition to the requirements set forth in Subsection A above, in the case of an abandoned building:
(1)
The owner and/or mortgagee shall post a sign affixed to the structure
with a name, address and telephone number of the owner and/or mortgagee
and the owner's and/or mortgagee's authorized agent for
the purposes of service of process and the name, address and telephone
number of the entity responsible for the maintenance of the property.
The sign shall be at least 18 inches by 24 inches in dimension and
shall include the words "To Report Problems with this Building/Property
Call and/or e-mail" and shall be placed in a location where it is
clearly legible from the nearest public street or sidewalk, whichever
is nearer.
(2)
The building shall be maintained in a secured and closed condition,
keeping the grounds in a clean and well-maintained condition and ensuring
that the sign is visible and intact until the building is again occupied
or demolished or until repair or rehabilitation of the building is
complete.
The Building Official/Code Enforcement Officer, Fire Inspector
and/or Police Department shall have the authority to inspect properties
subject to this statute for compliance with same and to issue citations
for any violations.
Upon the Building Official/Code Enforcement Officer or his/her
designee determining a property has been abandoned, he/she shall cause
a certification of abandonment to be filed with the Building Department's
records, and such certification shall be served upon the owner of
the premises either personally or by posting a copy of the certification
in a conspicuous place on the property and by mailing a copy by certified
mail to the owner's (owners') last known address.
A.
Upon the Building Official/Code Enforcement Officer filing a certification
of abandonment, the Building Official/Code Enforcement Officer, Police
Department and/or Fire Inspector may, without further notice to the
owner, take necessary steps to ensure the property and/or dwelling
is properly maintained pursuant to this chapter. Costs incurred under
this section shall be paid out of the municipal treasury on certificate
of the Building Official/Code Enforcement Officer. Such costs shall
be charged against the land on which the building existed, as a municipal
lien, or shall be added to the tax roll as an assessment or shall
be levied as a special tax against the land upon which the building
stands or stood or shall be recovered in a suit at law against the
owner.
B.
The owner of a property declared abandoned may petition the Building
Department to remove the certification of abandonment by providing
proof to the Building Official/Code Enforcement Officer that the basis
for the certificate of abandonment no longer exists and the owner
is in compliance with this chapter.
The owner or mortgagee of any abandoned or vacant property shall
acquire or otherwise maintain liability insurance in the amount of
not less than $300,000 for buildings designated primarily for a one-to-two-unit
residential use and not less than $1,000,000 for any other building,
including but not limited to buildings designated for multifamily,
manufacturing, storage or commercial uses covering any damage to any
person or any property caused by any physical condition of or in the
building. The City of Kingston shall be named as an additional insured
and shall be entitled to notification of any renewal or lapse of coverage
in writing of said policy. The owner and/or mortgagee shall attach
evidence of insurance to the registration statement required by this
chapter. Failure to attach the insurance statement to the registration
form submitted to the City shall cause the registration form to be
invalid. The alternative to insurance is that the owner and/or mortgagee
must supply a cash bond acceptable in form to the Building Official/Code
Enforcement Officer of the City of Kingston in a sum of $10,000 to
secure the continued maintenance of the property throughout its abandoned
or vacant state and to remunerate the City of Kingston for any expenses
incurred in inspecting, securing, marketing or making such building
safe.
A.
The City of Kingston shall establish an online registry of all properties
registered with the City under this chapter and shall include a procedure
by which citizens can provide the Building Official/Code Enforcement
Officer through electronic means with information on unregistered
properties that may be subject to this chapter.
B.
New owners shall register or reregister the abandoned or vacant building
or properties with the Building Official/Code Enforcement Officer
within 30 days of any transfer of ownership interest in the abandoned
or vacant building or property, whether or not the deed to said property
has been recorded with the Ulster County Clerk.
A.
First year.
(1)
The owner/mortgagee of an abandoned building or property shall pay
an annual fee of $1,200 for the first year the building remains vacant
or abandoned or any portion of said year. The fee shall cover the
administrative costs for registering and processing the abandoned
building or property and the cost for the City in monitoring the abandoned
property or building. The fee shall be paid upon filing of the registration
form as required by this chapter.
(2)
Failure to pay the fee shall result in said fee to be charged against
the land on which the building existed, as a municipal lien, or shall
be added to the tax roll as an assessment or shall be levied as a
special tax against the land upon which the building stands or stood
or shall be recovered in a suit at law against the owner.
B.
Second year.
(1)
The owner/mortgagee of a vacant and/or abandoned building or property
shall pay an annual fee of $1,200 for the second year the building
remains abandoned and/or vacant. The fee shall cover the administrative
costs for registering and processing the vacant or abandoned building
or property and the cost for the City in monitoring the abandoned
or vacant property or building. The fee shall be paid upon filing
of the registration form as required by this chapter.
(2)
Failure to pay the fee shall result in said fee to be charged against
the land on which the building existed, as a municipal lien, or shall
be added to the tax roll as an assessment or shall be levied as a
special tax against the land upon which the building stands or stood
or shall be recovered in a suit at law against the owner.
C.
Subsequent annual fees shall be:
(1)
For the third year the building remains vacant or abandoned: $1,200.
(2)
For the fourth year the building remains vacant or abandoned: $1,200.
(3)
For the fifth year the building remains vacant or abandoned: $5,200.
(4)
For the sixth year the building remains vacant or abandoned: $6,200.
(5)
For the seventh year the building remains vacant or abandoned: $7,200.
(6)
For the eighth year the building remains vacant or abandoned: $8,200.
(7)
For the ninth year the building remains vacant or abandoned: $9,200.
(8)
For the 10th year the building remains vacant or abandoned: $10,200.
D.
For ownership interest in any vacant or abandoned property, whether
or not the deed has been recorded with the Ulster County Clerk, the
owners shall be responsible for any unpaid fees.
A.
Any building exempted from registration pursuant to the provisions
of the New York State Real Property Actions and Proceedings Law or
other controlling federal or New York State law.
B.
A building which has been vacant for longer than one year, but less
than two years, may request waiver of the fees set forth above upon
submission of satisfactory proof of reasonable attempts to secure
appropriate occupants or tenants for the building. The decision regarding
said waiver shall rest in the discretion of the Deputy Chief of the
Building Department and may be appealed in writing within 30 days
to the Mayor of the City of Kingston.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
C.
A building or property which has suffered fire damage or damage caused
by extreme weather conditions shall be exempt from the registration
requirement for a period of 180 days after the date of the fire or
extreme weather event if the property owner/mortgagee submits a request
for exemption in writing to the Deputy Chief of the Building Department.
This request shall include a description of the property; the names
and addressess of the owner and/or mortgagee; and a statement of intent
to repair and re-occupy the building in an expedient manner or intent
to demolish the building.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
D.
Additional exceptions to this chapter shall be if in the sole and
reasonable discretion of the Deputy Chief of the Building Department
the property is subject to any one or more of the following:
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
(1)
A valid open building permit being pursued with diligence, not to
exceed 12 months from the time the property became vacant or abandoned;
(2)
A pending land use application, including site plan, subdivision
or special permit application, being pursued with diligence, not to
exceed 12 months from the time the property became vacant or abandoned;
(3)
A pending application to a governmental body being pursued with diligence
for an approval pertaining to the physical improvement of the property,
not to exceed 12 months from the time the property became vacant or
abandoned;
(4)
Utilization of the building by the City of Kingston, on a temporary
basis not to exceed 12 months, for City purposes, including but not
limited to fire training;
(5)
The current owner/occupier is absent from the property while receiving
health-related care as an inpatient of a residential health-care facility,
not to exceed 12 months.
If an owner and/or mortgagee shall violate any portion of this
chapter, such person shall be subject to a fine of not more than $500
or 30 days in jail, or both, with the understanding that each day
a violation continues shall be deemed a separate offense.
