The ravages of Superstorm Sandy, coupled with certain economic
impacts and ever-changing lifestyles place new responsibilities upon
Village government to assure safe and well-maintained properties.
The maintenance of a vacant building register will aid in assuring
the health, safety and enforcement of property maintenance by providing
better access to and communication with property owners and those
having an interest in particular properties to assure compliance.
For purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them as follows:
BOARDED BUILDING(S) AND STRUCTURE(S)
A building(s) or structure(s) with a sheet(s) of plywood,
wood or similar material(s) in front or in place of one or more exterior
doors, other than a storm door, or of one or more windows.
OCCUPIED BUILDING(S) OR STRUCTURE(S)
Any building(s) or structure(s) wherein one or more persons
actually conducts a business or resides in all or any part of the
building as the business occupant, or as the legal or equitable owner(s)/occupant(s)
or tenant(s) on a permanent, nontransient basis, or any combination
of the same. For purposes of this chapter, evidence offered to prove
that a building is so occupied may include, but shall not be limited
to, the regular receipt of delivery of regular mail through the United
States Postal Service, proof of continual telephone, electric, gas,
heating, water and sewer services, a valid Village business license,
if applicable, or the most recent federal or state income tax statements
indicating that the subject property is the official business or residence
address of the person or business claiming occupancy, or proof of
pre-rental inspection.
OWNER(S)
Any person, partnership, limited-liability company, corporation
or other entity who, alone or jointly with others, shall have legal
title to any premises, with or without accompanying actual possession
thereof, or who shall have charge, care or control of any dwelling
unit as a cooperative shareholder or as executor, administrator, trustee,
receiver or guardian of the estate or as a mortgagee in possession,
title or control, including but not limited to a bank or lending institution,
regardless of how such possession, title or control was obtained.
VACANT BUILDING(S) OR STRUCTURE(S)
A building(s) or structure(s) where no person or persons
actually currently conduct a business, or reside or live in any part
of the building or structure as the legal or equitable owner(s) or
tenant-occupant(s), or owner-occupant(s), or tenant(s) on a permanent,
nontransient basis.
The Village Clerk shall maintain the vacant building registrations
in the normal course of business and shall notify the local police,
fire and ambulance services of all locations on the registry.
Any owner or agent of an owner acting on behalf of the owner
who fails to register a vacant building or to pay any fees required
to be paid pursuant to the provisions of this chapter, within 30 days
after they become due, shall constitute a violation punishable upon
conviction thereof by a fine in the amount of not less than $1,000
nor more than $5,000 for each failure to register, or repeated failure
after notice, or for each failure to pay a required vacant building
registration fee. A claim that a bill for registration fees has not
been received shall not be a defense for failure to comply.