[Adopted 4-7-2015 by L.L.
No. 2-2015; amended in its entirety 6-21-2016 by L.L. No. 3-2016]
The purpose of this article is to remedy problems caused by
abandoned and vacant buildings, foreclosed properties and properties
in foreclosure, including a decline in property values and tax base,
and negative impacts on the quality of life for neighboring residents
and businesses. This article establishes regulations for the registration,
inspection, maintenance, and securing of such buildings and properties.
As used in this article, the following terms shall have the
meanings indicated:
BUILDING
Any structure that is permanently affixed to the land, has
one or more floors and a roof, and is intended for the shelter, housing
or enclosure of persons, animals or chattel.
DEFAULT
When mortgagor is 90 days' past due of the mortgagor's
obligation to make a scheduled payment under a mortgage or a mortgage
note.
FORECLOSED PROPERTY
Property for which a new deed has been recorded with the
Albany County Clerk following the foreclosure process.
FORECLOSING PROPERTY
Property that is in the process of foreclosure pursuant to
RPAPL § 1301 et seq.
MORTGAGEE
The creditor, including, but not limited to, service companies,
lenders in a mortgage agreement and agent, servant, or employee of
the mortgagee, or any successor in interest, and/or assignee of the
mortgagee's rights, interests or obligations under a mortgage.
NOTICE OF DEFAULT
A recorded notice that a default has occurred under a mortgage
and the mortgagee intends to initiate foreclosure proceedings under
RPAPL § 1301 et seq.
OWNER
The owner of property as shown in the records of the Town
of Guilderland Tax Assessor's Office.
PROPERTY
Any improved real property or portion thereof, including
all buildings or structures located on the property.
REGISTRATION FORM
The registration form that is available in the Building Department.
RPAPL
New York State Real Property Actions and Proceedings Law.
ZONING INSPECTOR
The appointed Building and Zoning Inspector of the Town of
Guilderland.
Before the initiation of foreclosure proceedings under RPAPL
§ 1301 et seq., the mortgagee shall perform the following
requirements:
A. Prior to the issuance of a notice of default, a mortgagee shall perform
an inspection of the property that is security for the mortgage. If
the property shows that the property has a vacant building, the mortgagee
shall, within 10 days of the inspection, register the property pursuant
to this article. If the property is occupied but remains in default,
it shall be inspected by the mortgagee on a monthly basis until the
mortgagor remedies the default; or until it is found to be a vacant
building and registered within 10 days of the inspection.
B. The mortgagee shall notify the Building Department within 10 days
of any change in the registration information, including the sale
or transfer of the property, by filing an amended registration form.
The failure of any owner, mortgagee or local agent to register
property or perform any of the requirements under this article shall
constitute a violation punishable, upon conviction, by a fine of $100
per each day of the violation for each property. A fine may be imposed
for each day the violation is not remedied.
Nothing in this article shall be construed as rendering any
other applicable laws invalid, inapplicable or unenforceable.
This article shall become effective upon filing with the New
York State Secretary of State.