[Adopted 3-28-2017 by L.L. No. 1-2017]
The purpose and intent of this article is to prevent the deterioration
and decline in value of the Village of Pittsford neighborhoods; deterioration
of individual residences; and/or the deterioration or loss of significant
architectural features caused by neglected vacant properties located
within the Village. It is also the purpose of this section to identify,
regulate, limit and reduce the number of these properties located
within the Village. It is the further intent of this article 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 article, the following terms shall have the
meanings indicated:
ACCESSIBLE PROPERTY/STRUCTURE
A property that is accessible through a compromised/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.
ANNUAL REGISTRATION
Twelve months from the date of the first action that required
registration, as determined by the Village, 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.
APPLICABLE CODES
Includes, but is not limited to, the Village of Pittsford
Zoning Code, the Village of Pittsford Property Maintenance Code, the
Village of Pittsford Dangerous and Unsafe Building Code, and the New
York State Fire Prevention and Building Codes, as currently in effect
and hereafter amended from time to time.
BLIGHTED PROPERTY
Properties that have broken or severely damaged windows,
nonfunctional stormwater disposal systems, doors, walls, roofs or
other architectural features 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 or deteriorated, or properties where neglected maintenance
and/or deterioration poses a threat to the structure or its significant
architectural features, or violate minimum health and safety standards
or lacks maintenance as required by the applicable codes.
ENFORCEMENT OFFICER
Shall include the Building Inspector and all certified code
enforcement officials.
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 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.
LOCAL PROPERTY MANAGEMENT COMPANY
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 Village limits. Upon
review of credentials the Village, or its designee, may allow a nonlocal
property manager to be listed.
OWNER
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 article.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of registrable real
property.
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 Village limits. Developed lots are considered improved land.
REGISTRABLE PROPERTY
Any real property located in the Village that is vacant as
defined herein, and any real property located in the Village, whether
vacant or occupied, that is subject to an application for a tax deed
or pending tax assessor's lien sale.
RENTAL PROPERTY
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, Village homes 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.
VACANT
Any parcel of land in the Village 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 Village above and beyond any other
state, county, or Village provisions for same.
Pursuant to the provisions of this article, the Village, or
its designee, shall establish a registry cataloging each registrable
property within the Village, containing the information required by
this article.
Properties subject to this article shall, at all times, comply
with all provisions of the Village's Property Maintenance Code
and all other applicable codes.
Any enforcement officer or any person authorized by the Village
to enforce the sections herewithin 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 article.
If any section, sentence, clause or phrase of this article is
held to be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect the validity of the remaining
portions of this article.