[Added 4-18-2017 by L.L.
No. 2-2017]
It is the finding of the Common Council that buildings which
remain vacant and are not properly secured and maintained are unsightly,
unsafe and have a negative effect on the surrounding community. This
is particularly troublesome in residential and commercial neighborhoods.
The purpose of this article is to establish a program for identifying
and registering vacant buildings, to determine the responsibilities
of owners of vacant buildings and structures, and to speed the rehabilitation
or demolition of vacant properties.
Unless otherwise expressly stated, the following terms shall,
for purposes of this article, have the meanings indicated in this
section:
The Fire Marshal of the City of Oneida or his/her duly authorized
representative.
Those shown to be the owner or owners on the records of the
Assessor's Office of the City of Oneida, those identified as
the owner or owners on a vacant building registration form, or any
other person, firm, organization, association, partnership, company
or corporation who holds the legal or beneficial title to any building,
facilities or premises subject to the provisions of this article.
Any and all such persons shall be jointly and severally obligated
to comply with the provisions of this article.
An employee of the City of Oneida designated by the Mayor,
responsible for maintaining the vacant building registry and monitoring
properties on the registry, in coordination with the enforcement officer.
A building secured by means other than those used in the
design of the building.
A building which is not being used for an occupancy authorized
by the owner.
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
A building or portion of a building which is:
Unoccupied and unsecured;
Unoccupied and secured by other than normal means;
Unoccupied and determined by an enforcement officer to be an abandoned structure or a dangerous structure as set forth in Article II of this Chapter;
Unoccupied and has multiple housing or building code violations;
Illegally occupied;
Unoccupied for a period of time exceeding 180 days.
A.
The owner of a vacant building shall register with the Property Manager
not later than 30 days after any building in the City becomes a vacant
building or not later than 30 days after being notified by the Property
Manager of the requirement to register. From the information collected,
the Property Manager shall maintain a database of vacant properties.
The Property Manager, or the enforcement officer, may identify vacant
buildings through their routine inspection process as well as through
notification by residents, neighborhood associations and other community
groups that a building may be eligible for inclusion on the registry.
The database of vacant properties shall be made readily available
to the Bureau of Fire, Police Department, City Engineer, Housing Inspector
and Code Enforcement Officer, as necessary.
B.
The registration shall be submitted on forms provided by the Property
Manager and shall include the following information supplied by the
owner:
(1)
A description of the premises.
(2)
The name, mailing address, physical address, e-mail address and telephone
number of the owner or owners.
(3)
If the owner is a firm, organization, association, partnership, company
or corporation, or is a natural person and is not a resident of Madison
County or a neighboring county, said owner shall designate a managing
agent who resides in or maintains a business office within Madison
County or an adjoining county, and shall provide the name, mailing
address, e-mail address and telephone number of said agent.
(4)
The names and addresses of all known lienholders and all other parties
with an ownership interest in the building.
(5)
A telephone number where the owner, managing agent or other duly
authorized representative can be reached at all times during business
and nonbusiness hours. This telephone number must be a direct line
to a natural person.
C.
The owner shall submit a vacant building plan which must meet the
approval of the enforcement officer. The plan, at a minimum, must
contain information from one of the following three choices for the
property:
(1)
If the building is to be demolished, a demolition plan indicating
the proposed timeframe for demolition.
(2)
If the building is to remain vacant, a plan for securing and maintaining the building in accordance with standards provided in § 34-19 below, along with the procedure that will be used to maintain the property, and a statement of the reasons why the building will be left vacant.
(3)
If the building is to be returned to appropriate occupancy or use, a rehabilitation plan for the property. The rehabilitation plan shall not exceed 365 days, unless the enforcement officer grants an extension upon receipt of a written statement from the owner detailing the reasons for the extension. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation or building codes and must be secured in accordance with § 34-19 below during the rehabilitation.
D.
All applicable laws and codes shall be complied with by the owner.
The owner shall notify the enforcement officer in writing of any changes
in information supplied as part of the vacant building registration
within 30 days of the change. If the plan or timetable for the vacant
building is revised in any way, the revisions must be in writing and
be approved by the enforcement officer.
E.
The owner and any subsequent owners shall keep the building secured and safe and the building and grounds properly maintained as provided in § 34-19 below.
F.
Any failure of the owner or any subsequent owners to maintain the
building and premises that results in remedial action taken by the
City shall be grounds for revocation of the approved plan and shall
be subject to any applicable penalties provided by law.
G.
New owners of any vacant building shall notify the Property Manager
within 30 days of any transfer of an ownership interest in a vacant
building. The new owners shall comply with the approved plan and timetable
submitted by the previous owner until any proposed changes are submitted
in writing and are approved by the enforcement officer.
H.
The enforcement officer shall keep the Property Manager apprised
of the approved plan and any revisions thereto.
A.
Fees.
(1)
The owner of a vacant building shall, within 30 days of the building
becoming vacant, pay an annual fee in an amount to be established
by resolution of the Common Council. An annual fee shall thereafter
be due and payable each year thereafter that the building remains
vacant upon the same date as the first annual fee became due. The
fee shall be reasonably related to the administrative costs for registering
and processing the vacant building owner registration form and for
the costs incurred by the City in monitoring the vacant building site.
(2)
The fee shall be paid in full prior to the issuance of any building
permits, with the exception of a demolition permit. The fee shall
be prorated, and a refund may be issued if the building is no longer
deemed vacant under the provisions of this article within 30 days
of its registry.
(3)
All delinquent fees shall be paid by the owner prior to any transfer
of an ownership interest in any vacant building. If the fees are not
paid prior to any such transfer, the new owner shall pay the delinquent
fees no later than 30 days after the transfer of ownership.
(4)
Any owner of a vacant building who fails to register and/or submit
a vacant building plan within the time required by this article or
any owner who, having filed a vacant building plan, fails to follow
such plan, will cause the City to spend greater resources to administer
the vacant building registry and to monitor the vacant building site.
Consequently, the Property Manager may determine that, in such circumstances,
an additional registration fee, which shall be established by resolution
of the Common Council, should be assessed against the owner of a vacant
building. Such additional fee shall cover the increased costs to the
City of administering the vacant building registry and of monitoring
the vacant building site caused by persons failing to timely file
a plan or failing to follow their filed plan. Prior to the imposition
of an additional fee, a Property Manager shall give the building owner
notice of the alleged failure and of his/her intent to assess an increased
fee and shall accord the building owner an opportunity to be heard
at an administrative hearing held in accordance with due process of
law. Actual notice is not required, but notice shall be given in a
manner reasonably calculated to provide the owner with actual notice
of the hearing.
B.
In addition to the registry database, the Property Manager shall
maintain a separate file for each vacant building and shall include
in the file any property-specific written statements from community
organizations and other interested parties or citizens regarding the
history, problems, status or blighting influence of a vacant building.
A.
All vacant buildings shall be kept secured or boarded up, both as defined in Subsection A(1) and (2), and shall be maintained in accordance with Subsection A(3) of this section.
(1)
The term "secured," for the purposes of this section, shall mean
that all means of ingress and egress, including but not limited to
all doorways and windows, shall be in good state of repair, without
any broken glass or other damage that might allow entry or create
an eyesore, and shall be securely locked. Any building that is not
so secured shall be promptly "boarded up," that is, all means of ingress
and egress at all floor levels shall be covered over, as specified
hereinafter, so as to ensure the continued security of the building
and to reduce any negative impacts upon the neighborhood.
(2)
Boarding up shall be done by utilizing the following minimum materials
and methods unless another method is proposed in writing and approved
by the Property Manager:
(a)
Exterior-grade plywood or sheathing-grade particle board, at
least 1/2 inch thick, shall be used for boarding material. It shall
be cut to fit neatly into each opening so that it covers the entire
window or door frame but does not overlap onto the adjacent wall surfaces.
(b)
Openings in excess of three feet wide shall be braced by installing
at least one two-inch-by-four-inch wood stud, or equal, at the midspan
and for the full height of the opening.
(c)
The boarding material shall be secured to the building by sixpenny
(minimum size) coated nails spaced no more than six inches on center
at the edges and 12 inches on center at any intermediate bracing,
except that one doorway shall be secured in such a manner that it
can provide access to the building by authorized persons. If such
door contains any glass panels or wood panels less than one inch thick,
it shall be entirely covered with boarding material.
(d)
Doors shall be secured with at least two keyed locks, and their
hinges shall have concealed fastenings.
(e)
All boarding material shall be finished on the exterior with
one coat of primer and two coats of exterior-grade paint in color
matching that of the adjacent walls.
(f)
The secured building shall be provided with adequate ventilation
to prevent the accumulation of moisture which might deteriorate the
finishes and the structure. Adequate ventilation shall be deemed to
be a minimum of two louvered and screened ventilation openings, each
having an opening size of at least 144 square inches and placed in
opposite walls of the building at the uppermost floor level. Interior
doors at all floor levels shall be left in the open position in order
to allow circulation of air. If circulation of air within and between
all floors is not possible using only two vents, then additional vents
shall be installed to achieve such circulation.
(3)
In addition to securing or boarding up the building, the following
minimum requirements shall be met for all vacant buildings:
(a)
The roof shall be structurally sound and weathertight. Any damaged
or missing rafters, decking or roofing materials shall be repaired
or replaced with equivalent material but in no case less than two-inch-by-six-inch
wood rafters, one-half-inch-thick exterior plywood and ninety-pound
roll roofing, respectively, all installed in a workmanlike manner.
(b)
All trash and debris shall be removed from the building. Any
portions of the exterior of the main building or accessory buildings,
including but not limited to walls, porches, stairs, parapet walls
and chimneys, that are deteriorated so as to be in danger of collapse
or to otherwise constitute a hazard or allow penetration of water
into the building shall be repaired or replaced or otherwise made
safe and weathertight.
(c)
The grounds surrounding the building shall be cleared and kept
cleared of all litter, rubble, debris, trash and junk and of all grass
and weeds in excess of six inches in height.
(d)
All buildings shall be kept free of insects, vermin and rodent
harborage and infestation.
(e)
All vehicular entrances to the property shall be closed to prevent
unlawful parking or storage of vehicles upon the premises.
(f)
If the vacant building is a commercial or retail building, any
and all first floor windows shall be replaced by glass, plexiglass,
an approved mural, or an announcement sign. Such coverings must be
kept up and maintained.
(g)
If the vacant building is a commercial or retail building, all
exterior signs, awnings and lighting systems, if not removed, shall
be maintained in a nondeteriorated and safe condition.
(4)
When it is required by this article that a building be boarded up,
it shall be the responsibility of the owner to have the electric and
gas service, if any, temporarily shut off from the building. Service
may not be reconnected until repair and rehabilitation work or occupancy
actually commences.
(5)
All plumbing and heating systems that contain water shall be completely
drained and kept empty between October 15 and April 15, and an antifreeze
solution shall be added to all plumbing traps in the building. This
shall not apply if the building is adequately heated during that time
period.
(6)
The owner shall arrange to provide access to the interior of the
building by enforcement officers to inspect for compliance with the
requirements above that pertain to the interior.
(7)
The owners of buildings which for any reason remain vacant for a
period of three months or more shall be subject to the procedures
of this section. By the end of such three-month time period, the owner
of the vacant building shall demonstrate to the enforcement officer
that said owner has taken appropriate steps to abate the vacancy of
the building in an expeditious manner. These steps may include but
are not limited to:
(a)
Applying for and obtaining a work permit to repair and rehabilitate
the building, or to demolish it, and proceeding with the work in a
timely fashion;
(b)
Providing competent evidence that the building is listed for
sale by a licensed realtor and is being advertised for sale online
and/or in a local periodical; or
(c)
Providing a proposed schedule of action to undertake repair
and rehabilitation of the building, including a detailed financial
plan for its accomplishment.
A.
By registering a vacant building, an owner consents to an enforcement officer inspecting the premises, upon request, for the purpose of enforcing and assuring compliance with the provisions of this article. Upon the request of the enforcement officer, an owner will provide access to all interior portions of a vacant building in order to permit a complete inspection. An enforcement officer shall conduct such inspections in accordance with the provisions of § 34-3 of this chapter. In the event of a refusal to cooperate with an inspection request, after being provided with reasonable notice, a search warrant will be requested from the courts and the enforcement officer will return with the warrant and law enforcement personnel to make the inspection.
B.
Whenever an enforcement officer determines that there has been a
violation or that there are reasonable grounds to believe that there
has been a violation of any provision of this article, he shall give
written notice of such violation or alleged violation to the owner
of vacant building. Such notice shall specify that the alleged violations
are to be corrected immediately. Such notice shall also inform the
owner of his/her/its right to apply for an informal hearing within
five days of receipt of said notice before an enforcement officer.
Such notice may contain an outline of remedial action which, if taken,
shall affect compliance with the provisions of this article.
C.
It shall be sufficient service of a notice or order of an enforcement
officer if said notice is mailed by certified or registered mail to
the person to whom it is directed, to his/her last known place of
residence.
D.
A copy of a notice served in accordance with this section shall be
filed in the Madison County Clerk's Office, which notice shall
be filed in the same manner as a notice of pendency pursuant to Article
65 of the Civil Practice Law and Rules, and shall have the same effect
as a notice of pendency as therein provided. A notice so filed shall
be effective for a period of one year from the date of filing, provided,
however, that it may be vacated upon the order of a judge or justice
of a court of record or upon the consent of the City Attorney. The
Madison County Clerk shall mark such notice and any record or docket
thereof as canceled of record upon the presentation and filing of
such consent or of a certified copy of such order.
E.
Upon the expiration of 30 days after service of such notice as herein
provided, an enforcement officer may issue a final order. Such order
shall allow 10 days from date of service of said order within which
to comply. Upon failure of the owner to comply, an enforcement officer
shall take steps and perform acts as are required to bring the vacant
building and grounds into compliance with this article. Such acts
include, but are not limited to causing the vacant building to be
secured or boarded up, removing dangerous conditions, shutting off
utilities, clearing debris from the building and grounds and/or mowing
the lawn.
F.
An enforcement officer may, for good cause shown and in their discretion,
extend the time for compliance specified in any notice or order issued
under the provisions of this article.
G.
Whenever an enforcement officer finds that a violation of this article
exists which, in their opinion, constitutes an emergency and requires
immediate action to abate a hazard or constitutes an immediate danger
to the health, safety or welfare of the occupants of a building or
the public, they may, without prior notice of hearing, issue an order
citing the violation and directing that such action be taken as is
necessary to remove or abate the hazard or danger. Notwithstanding
any other provisions of this article, such an order shall be effective
immediately upon service and shall be complied with immediately or
as otherwise provided.
H.
Any expenses incurred by the City hereunder shall be charged to and
paid by the person responsible for such violation. An enforcement
officer shall file with the City Chamberlain a statement of the items
of expense and the date of execution of actions authorized thereunder.
The City Chamberlain shall then proceed to collect said sums owing
the City by assessment and levy upon the lots or parcels of land whereon
such work was performed, which charges shall be assessed and collected
in the same manner and at the same time as provided by law for the
collection of delinquent taxes.
A.
A building which has suffered fire damage or damage caused by extreme
weather conditions shall be exempt from the registration requirement
for a period of 90 days after the date of the fire or extreme weather
event if the property owner submits a request for exemption in writing
to the enforcement officer. This request shall include the following
information supplied by the owner:
B.
This article shall not apply to any person or entity whose only interest
in a vacant building is that of a lienor or mortgagor. Specifically,
any state or federally chartered bank, savings bank, savings and loan
association or credit union that originates, owns, services or maintains
a mortgage related to such is exempt from the provisions of this article.
However, this exemption shall not prevent the City from exercising
its enforcement rights upon such parties as provided by § 1308
of the Real Property Actions and Proceedings Law.
The Property Manager shall submit a quarterly report not later
than January 15, April 15, July 15 and October 15 of each year to
the Mayor and Common Council, with copies to the Fire Marshal and
Housing Inspector, listing all buildings in the City declared vacant
under the provisions of this article, the date upon which they were
declared vacant and whether a vacant building registration and vacant
building plan has been filed for the building. The report shall additionally
include a list of all previously declared vacant buildings, which
are no longer subject to the provisions of this article.
Any person violating any provision of Article IV or providing false information to the enforcement officer relative to the vacant building registry shall be guilty of a violation and, upon conviction, be subject to a fine of $250 or imprisonment of up to 15 days, or both such fine and imprisonment. Each day's violation shall be considered a new and separate offense subject to a separate penalty.
