Hundreds of abandoned properties are blighting neighborhoods
throughout the City of Lockport. The properties are abandoned for
various reasons but mainly due to stalled foreclosures or neglectful
out-of-town owners. Over time, the abandoned properties decay and
become unsecure, which provides the perfect environment for nuisances
such as pests and vagrants. The resulting nuisances depress surrounding
property values and create safety hazards to community residents.
It is the intent of this Council to address the safety risks presented
by abandoned properties and preserve neighboring property values.
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED PROPERTY
There is a reasonable basis to believe that the property
is not occupied. Said reasonable basis shall, at a minimum, be based
upon documented, periodic inspections of such property over a forty-five-day
period at different times of the day where three or more such inspections
reveal evidence of abandonment. Evidence of abandonment shall include
but not be limited to any of the following conditions:
A.
Overgrown or dead vegetation;
B.
Accumulation of newspapers, circulars, flyers or mail;
C.
Past-due utility notices, disconnected utilities, or utilities
not in use;
D.
Accumulation of trash refuse or other debris;
E.
Absence of window coverings such as curtains, blinds, or shutters;
F.
One or more boarded, missing or broken windows;
G.
The property is open to casual entry or trespass;
H.
Notices of foreclosure posted upon the property; or
I.
The property has a building or structure that is or appears
structurally unsound or has any other condition that presents a potential
hazard or danger to the safety of persons.
OWNER
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the Niagara County Clerk as holding title to the property;
or otherwise having control of the property, including the guardian
of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
PERSON
Any individual, corporation, partnership or any other group
acting as a unit.
PROPERTY MAINTENANCE REVIEW BOARD
A three-member board that shall hear appeals only brought pursuant to Subsections
B and
D of §
137-3. The Board shall consist of the Mayor of the City of Lockport, the City of Lockport Treasurer, and an ad hoc member appointed by the Mayor of the City of Lockport.