[HISTORY: Adopted by the Town Board of the Town of Ogden 11-9-2016 by L.L. No. 4-2016 (Ch. 196 of the 1994 Code). Amendments noted where applicable.]
The purpose and intent of this chapter is to establish a process
to address the deterioration, crime and decline in value of the Town
of Ogden neighborhoods caused by vacant properties and properties
with defaulted mortgages located within the Town, and to identify,
regulate, limit and reduce the number of these properties located
within the Town. It is the further intent of this chapter to establish
a registration requirement as a mechanism to protect neighborhoods
from the negative impact and conditions that occur as a result of
vacancy, absentee ownership, lack of adequate maintenance and security
and will provide a method to expeditiously identify multiple parties
and their contact person(s) for each property responsible for this
protection.
As used in this chapter, the following terms shall have the
meanings indicated:
A property that is accessible through a comprised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
Twelve months from the date of the first action that required
registration, as determined by the Town, or its designee, and every
subsequent 12 months. The date of the initial registration may be
different than the date of the first action that required registration.
Includes, but is not limited to, the Town's Zoning Code,
the Town's Property Maintenance Code, and the New York State
Fire Prevention and Building Codes, as currently in effect and hereafter
amended from time to time.
Properties that have broken or severely damaged windows,
doors, walls, or roofs which create hazardous conditions and encourage
trespassing; or properties whose maintenance is not in conformance
with the maintenance of other neighboring properties causing a decrease
in value of the neighboring properties; or properties cited for a
public nuisance; or properties that endanger the public's health,
safety, or welfare because the properties or improvements thereon
are dilapidated, deteriorated, or violate minimum health and safety
standards or lacks maintenance as required by the applicable codes.
When a mortgagor has not complied with the terms of the mortgage
on the property, or the promissory note, or other evidence of the
debt, referred to in the mortgage.
Includes the Building Inspector and all certified code enforcement
officials.
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 are not limited to: overgrown
and/or dead vegetation; past due utility notices and/or disconnected
utilities; accumulation of trash junk or debris; abandoned vehicles
auto parts or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail, or statements by neighbors, passers-by,
delivery agents or government agents; or the presence of boards over
doors, windows or other openings in violation of applicable code.
The legal process by which a mortgagee, or other lien holder,
terminates a property owner's equitable right of redemption to
obtain legal and equitable title to the real property pledged as security
for a debt or the real property subject to the lien. This definition
shall include, but is not limited to, public notice of default, a
deed-in-lieu of foreclosure, sale to the mortgagee or lien holder,
certificate of title and all other processes, activities and actions,
by whatever name, associated with the described process. The process
is not concluded until the property obtained by the mortgagee, lien
holder, or their designee, by certificate of title, or any other means,
is sold to a non-related bona fide purchaser in an arm's length
transaction to satisfy the debt or lien.
A property manager, property management company or similar
entity responsible for the maintenance and security of registrable
real property within 20 driving miles of the Town limits. Upon review
of credentials the Town, or its designee, may allow a non-local property
manager to be listed.
The creditor, including but not limited to trustees; mortgage
service companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the
mortgage agreement.
Any person, firm, corporation or other legal entity who,
individually or jointly or severally with others, holds the legal
or beneficial title to any building, facilities, equipment or premises
subject to the provisions of this chapter.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of registrable real
property.
Any improved residential or commercial land, buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Town limits. Developed lots are considered improved land.
Any real property located in the Town that is vacant as defined
herein, and any real property located in the Town, whether vacant
or occupied, that is encumbered by a mortgage in default, is subject
to an ongoing foreclosure action by the mortgagee or trustee, is subject
to an application for a tax deed or pending Tax Assessor's lien
sale, or has been the subject of a 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.
The designation of a "default/foreclosure" property as "registrable"
shall remain in place until such time as the property is sold to a
non-related bona fide purchaser in an arm's length transaction
or the foreclosure action has been dismissed and any default on the
mortgage has been cured.
Property that contains a single-family rental dwelling unit
or multifamily rental dwelling units for use by residential tenants,
including but not limited to the following: mobile homes, mobile home
spaces, townhomes and condominium unit(s). A rental dwelling unit
includes property that is provided to an individual or entity for
residential purposes upon payment of rent or any other consideration
in lieu of rent, regardless of relationship between lessor and lessee.
Any parcel of land in the Town that contains any building
or structure that is not lawfully occupied or inhabited by human beings
as evidenced by the conditions set forth in the definition of "evidence
of vacancy" above which is without lawful tenant, or lawful occupant
or without a certificate of occupancy.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Town above and beyond any other
state, county, or Town provisions for same.
Pursuant to the provisions of this chapter, the Town, or its
designee, shall establish a registry cataloging each registrable property
within the Town containing the information required by this chapter.
A.
Any owner of any vacant residential structure located within the
Town shall, within 45 days of the structure becoming vacant, register
said residential structure with the office of the Building Inspector,
or its designee, on forms or other manner as directed. A separate
registration is required for each vacant residential structure.
B.
Any mortgagee who holds a mortgage on real property located within
the Town shall perform an inspection of the property to determine
vacancy or occupancy, upon default by the mortgagor. The mortgagee
shall, within 10 days of the inspection, register the property with
the office of the Building Inspector, or its designee, on forms or
other manner as directed, and indicate whether the property is vacant
or occupied. A separate registration is required for each property,
whether it is found to be vacant or occupied.
C.
Registration pursuant to § 227-5A shall contain the name,
direct mailing address, telephone number, and any e-mail address for
the owner of the vacant residential structure. Registration pursuant
to § 227-5B shall contain the name, direct mailing address,
a direct contact name, telephone number, and e-mail address for the
mortgagee/trustee, and the servicer, and the name and twenty-four-hour
contact phone number of the local property management company responsible
for the security and maintenance of the property who has the authority
to make decisions concerning the abatement of nuisance conditions
at the property, as well as any expenditure in connection therewith.
D.
Owners or mortgagees who have existing registrable property on the
effective date of this chapter have 30 calendar days from the effective
date to register the property with the office of the Building Inspector,
or its designee, on forms or other manner as directed. A separate
registration is required for each registrable property.
E.
If the mortgage on a registrable property is sold or transferred,
the new mortgagee is subject to all the terms of this chapter and,
within five days of the transfer, shall register the property and
pay a registration fee in accordance with this chapter. Any previous
unpaid annual registration fees are the responsibility of the new
mortgagee or trustee and are due and payable with their initial registration.
F.
If the mortgagee owner of a foreclosed real property sells or transfers
the property to a non-arm's length related person or entity,
the transferee is subject to all the terms of this chapter and, within
five days of the transfer, shall register the property and pay a registration
fee in accordance with this chapter. Any previous unpaid annual registration
fees are the responsibility of the new registrable property owner
and are due and payable with their initial registration.
G.
As long as the property is registrable, it shall be inspected by
the owner, mortgagee, or designee, monthly. If an inspection shows
a change in the property's occupancy status, the mortgagee shall,
within 10 days of that inspection, update the occupancy status of
the property registration.
H.
A nonrefundable annual registration fee established by resolution
by the Town Board shall accompany each registration pursuant to this
chapter.
I.
All registration fees must be paid directly from the mortgagee, trustee,
servicer, or owner. Third-party registration fees are not allowed
without the consent of the Town and/or its authorized designee.
J.
Properties subject to this chapter shall remain under the annual
registration requirement, and the inspection, security and maintenance
standards of this chapter as long as they are registrable.
K.
Until the mortgage or lien on the property in question is satisfied,
or legally discharged, the desire to no longer pursue foreclosure,
the filing of a dismissal of lis pendens and/or summary of final judgment
and/or certificate of title, voluntary or otherwise, does not exempt
any mortgagee holding the defaulted mortgage from all the requirements
of this chapter as long as the borrower is in default.
L.
Any person or legal entity that has registered a property under this
chapter must report any change of information contained in the registration
within 10 days of the change.
M.
Failure of an owner or mortgagee to properly register or to modify
the registration form from time to time to reflect a change of circumstances
as required by this chapter is a violation of this chapter and shall
be subject to enforcement and any resulting monetary penalties.
N.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this chapter, the Town may take
the necessary action to ensure compliance with and place a lien on
the property for the cost of the work performed to benefit the property
and bring it into compliance.
Properties subject to this chapter shall, at all times, comply
with all provisions of the Town's Property Maintenance Code[1] and the following:
A.
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspaper 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.
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.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
D.
Yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include weeds, gravel, broken concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.
Failure of the mortgagee and/or owner to properly maintain the property
may result in a violation of the applicable code(s) and issuance of
a citation or notice of violation in accordance with the applicable
code of the Town. Pursuant to a finding and determination by the Town's
Code Enforcement Board, Special Magistrate or Hearing Officer, or
a court of competent jurisdiction, the Town may take the necessary
action to ensure compliance with this chapter.
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s) of the Town.
I.
Properties subject to this chapter shall be maintained in a secure
manner so as not to be accessible to unauthorized persons. 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 or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
J.
If a property is registrable, and the property has become vacant
or blighted, a local property manager shall be designated by the mortgagee
or owner to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this chapter and any other applicable laws.
Any mortgagee who commences a foreclosure action against a residential
property located in the Town shall, in addition to all other requirements
of this chapter, provide cash, a cash bond, or a letter of credit
to the Town acceptable to the Building Inspector or his/her designee,
in the sum of $10,000, to secure the continued maintenance of the
property throughout the foreclosure proceeding and reimburse the Town
for any expenses incurred in inspecting, securing, repairing and/or
making said property safe by any legal means, including but not limited
to demolition. The cash, cash bond, or letter of credit must be provided
to the Town within 45 days of a foreclosure action being commenced.
The $10,000 cash, cash bond, or letter of credit provided to the Town
shall remain valid for a period of one year from the date of said
cash, cash bond, or letter of credit being provided. A person, business,
organization, bank or lender who has commenced a foreclosure action
shall, thereafter, annually provide the Town with cash, a cash bond,
or a revised letter of credit in an amount that will cause the total
sum being held by the Town to equal $10,000. Such renewal shall be
submitted prior the expiration of the one-year period and shall continue
annually until the foreclosure action is no longer pending and the
structure that is the subject of the foreclosure action is being lawfully
occupied for residential purposes. At such time, all sums being held
by the Town under this chapter will be released to the mortgagee that
provided the cash, cash bond, or letter of credit.
A.
This chapter shall be administered and enforced by the Building Inspector as set forth in Chapter 207 of the Code of the Town of Ogden, or his/her designee.
B.
The requirements of this chapter may be enforced as follows:
(1)
By taking any and all actions prescribed for correction of violations as set forth in the Town's Property Maintenance Code, Chapter 207.
(2)
The Building Inspector or his/her designee shall have the following
alternative remedies for enforcement of this chapter:
(a)
Appearance tickets. The Building Inspector or his/her designee
shall have the authority, pursuant to New York State Criminal Procedure
Law, to issue an appearance ticket subscribed by him/her, directing
a designated person to appear in a designated local criminal court
at a designated future time in connection with the alleged commission
of a designated violation of this chapter or any order made thereunder.
(b)
Penalties for offenses. Any person who fails to comply with
any provision of this chapter or fails to comply with any notice,
order or directive of the Building Inspector or his/her representative
after expiration of the time for compliance established in accordance
with this chapter shall, upon conviction, be punished by a fine of
not more than $1,000 or by imprisonment not to exceed 15 days, or
both, for such violation. In the event of any failure to so comply,
each and every day that such violation continues shall constitute
a separate offense, and the penalties prescribed above shall be applicable
to each such separate offense.
(c)
Penalties for offenses under § 277-7, Maintenance secured upon commencement of foreclosure action. Any person, business, organization, bank or lender who fails to comply with § 277-7 of this chapter shall, upon conviction, be punished by a fine of not more than $5,000 or by imprisonment not to exceed 15 days, or both, for such violation. In the event of any failure to so comply, each and every day that such violation continues shall constitute a separate offense, and the penalties prescribed above shall be applicable to each such separate offense.
Any enforcement officer or any person authorized by the Town
to enforce the sections here within shall be immune from prosecution,
civil or criminal, for reasonable, good-faith entry upon real property
while in the discharge of duties imposed by this chapter.
