It is the purpose and intent of the Town Board to establish
a process to limit and reduce the amount of deteriorating properties
located within the Town, which property is subject to a mortgage which
is in default. It is the Town Board's further intent to specifically
establish a defaulted mortgage registration program as a mechanism
to protect neighborhoods from becoming blighted through the lack of
adequate maintenance and security of abandoned properties subject
to a mortgage or properties subject to mortgages which are in default.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the content clearly indicates a different meaning:
ABANDONED REAL PROPERTY IN DEFAULT
Any real property that is under a current notice of default
and/or notice of mortgagee's sale, pending tax assessor's lien sale
and/or properties that have been the subject of a foreclosure sale
where the title was retained by the beneficiary of a mortgage involved
in the foreclosure and any properties transferred under a deed in
lieu of foreclosure or sale.
ENFORCEMENT OFFICER
Any full-time law enforcement officer, building inspector,
fire marshal, zoning inspector, or code enforcement officer employed
within the Town.
EVIDENCE OF VACANCY
Any condition that, on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but not be limited to, overgrown
and/or dead vegetation, electricity, water or other utilities turned
off, stagnant swimming pool, statements by neighbors, passers-by,
delivery agents or government agents, among other evidence that the
property is vacant.
FORECLOSURE
The process by which a property, placed as security for a
mortgage loan, after a judicial process is to be sold at an auction
to satisfy a debt upon which the borrower has defaulted.
VACANT
Any building or structure shall be deemed to be vacant if
no person or persons actually currently conducts a lawfully licensed
business, or lawfully resides or lives in any part of the building
as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupant(s),
or tenant(s) on a permanent, nontransient basis.
This article shall be considered cumulative and not superseding
or subject to any other law or provision for same, but shall rather
be an additional remedy available to the Town above and beyond any
other state, county and/or local provisions for same. This article
relates to property subject to a mortgage which has been determined
by the mortgagee to be in default.
Any person, corporation, or entity who shall violate any of
the provisions of this chapter or who shall fail to comply therewith
or with any of the requirements thereof shall be guilty of a violation
and, upon conviction thereof, a fine of not less than $250 nor more
than $1,000 must be imposed or a term of imprisonment for a period
not to exceed 15 days may be imposed, or both, for conviction of a
first offense; for conviction of a second offense, both of which were
committed within a period of five years, shall be guilty of a violation,
and upon conviction a fine not less than $1,000 nor more than $2,500
must be imposed, or a term of imprisonment for a period not to exceed
15 days may be imposed, or both; and, upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, shall be guilty of a violation, and a fine not less
than $2,500 nor more than $5,000 must be imposed, or a term of imprisonment
for a period not to exceed 15 days may be imposed, or both.
Whoever opposes, obstructs or resists any enforcement officer, zoning inspector, building inspector, fire marshal, or any person authorized by the code enforcement division, in the discharge of duties as provided in this article, upon conviction may be punished as provided in §
1-21B of the Town Code, or New York State Penal Code § 195.05.
Any enforcement officer, or any person authorized by the Code
Enforcement Officer, shall be immune from prosecution, civil or criminal,
for reasonable, good faith entrance upon real property while in the
discharge of duties imposed by this article.
The Code Enforcement Officer shall have authority to require
the mortgagee and/or owner of record of any property affected by this
section to implement additional maintenance and/or security measures,
including, but not limited to, securing any and all doors, windows
or other openings, employment of an on-site security guard, or other
measures as may be reasonably required to prevent a decline of the
property.
Nothing contained in this article shall prohibit the Town from
enforcing its codes by any other means, including, but not limited
to, abatement as otherwise provided by the Town Code.