[Added 9-28-2016 by L.L.
No. 15-2016]
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:
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.
Any full-time law enforcement officer, building inspector,
fire marshal, zoning inspector, or code enforcement officer employed
within the Town.
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.
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.
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.
A.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee, or said mortgagee's designee, monthly until the
mortgagor or other party remedies the default.
B.
Within 10 days of date that the mortgagee declares its mortgage on
a particular parcel of real property to be in default, the mortgagee
shall inspect and register the real property with the Town's mortgage-in-default
registry. The mortgagee shall include in the registration if the property
is vacant or occupied.
C.
Mortgage-in-default registration. Registration pursuant to this section
shall contain the name of the mortgagee and mortgage servicer; the
direct mailing address of the mortgagee and servicer, e-mail address
and telephone number; the name and address, e-mail, and telephone
number of a local property manager who shall be responsible for the
inspection, security and maintenance of the property. The local property
manager named in the registration shall be located and available within
Suffolk and Nassau Counties Monday through Friday between 9:00 a.m.
and 5:00 p.m., holidays and lunch hours excepted, to be contacted
by the Town.
D.
A semiannual nonrefundable registration fee in the amount of $200
per property shall accompany the mortgage-in-default registration
form(s). Subsequent semiannual registrations of defaulted properties
and fees in the amount of $200 are due within 10 days of the expiration
of the previous registration.
[Amended 3-14-2018 by L.L. No. 4-2018]
E.
This section shall also apply to properties that have been the subject
of foreclosure sale where the title was transferred to the beneficiary
of a mortgage involved in the foreclosure and any properties transferred
under a deed in lieu of foreclosure/sale.
F.
Properties subject to this section shall remain under the semiannual
mortgage-in-default registration requirement, inspection, security,
and maintenance standards of this section as long as they remain in
default.
[Amended 3-14-2018 by L.L. No. 4-2018]
G.
Properties subject to this section shall also be subject to the registration requirements of Town Code § 213-236, entitled "Repair of damaged buildings, abandoned or vacant buildings, registration of vacant buildings; fees."
H.
Any person or other legal entity that has registered a property under
this section must report any change of information contained in the
registration within 10 days of the change.
I.
Failure of the mortgagee and/or property owner of record to properly
register or to revise from time to time the registration to reflect
a change of circumstances as required by this article is a violation
of the Town Code and may result in a citation by the Town's code enforcement
division.
A.
Properties subject to this article shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, circulars, flyers, notices, except those
required by federal, state, or local law, discarded personal items,
including, but not limited to, furniture, clothing, large and small
appliances, printed material or any other items that give the appearance
that the property is abandoned or not being properly maintained.
B.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure.
C.
Yards shall be landscaped and maintained pursuant to the standards
previously established in this Code.
D.
Pools and spas shall be kept in working order so that pool and spa
water remains free and clear of pollutants and debris. Pools and spas
shall comply with the enclosure requirements and any other requirements
of this Code and the New York State Building Code and New York State
Property Maintenance Code, as amended from time to time.
E.
Failure of the mortgagee and/or property owner of record to properly
maintain the property is a violation of the Town Code and may result
in citation by the Town's code enforcement division.
A.
Properties subject to this article shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property and/or
structure. Broken windows shall be secured by reglazing or boarding
of the window.
C.
If a mortgage on property is in default and has become vacant, the
local property manager or mortgagee must perform weekly inspections
to verify compliance with the requirements of this section and any
other applicable laws or Town ordinances.
D.
Failure of the mortgagee and/or property owner of record to properly
inspect and secure the property, and post and maintain the signage
noted in this section, is a violation of this Code and may result
in a citation by the Town's code enforcement division.
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.