[HISTORY: Adopted by the Board of Trustees of the Village
of Island Park 8-24-2016 by L.L.
No. 14-2016. Amendments noted where applicable.]
A.
Findings and legislative intent. When residential properties in the Incorporated
Village of Island Park fall vacant and become the subject of foreclosure
actions, they frequently become neglected and overgrown with grass,
weeds and rubbish, creating an unsightly appearance in the surrounding
residential area and detracting from the use, enjoyment and value
of surrounding properties. The Incorporated Village of Island Park
is committed to using all legal avenues to proactively address these
adverse conditions, to alleviate the burden these vacant properties
impose on neighboring residents. This section places the financial
burden on any person, business, organization, bank or lender who or
which commences a foreclosure action against any vacant residential
property in the Incorporated Village of Island Park to deposit funds
with the Incorporated Village after the foreclosure action is commenced,
for use in achieving prompt remediation, if or when it shall occur.
This section is clearly in the public interest. It will help deter
violations by creating a financial disincentive against allowing the
property to lie fallow and unmaintained. It will help to expedite
remediation of overgrown grass, weeds and rubbish, when they occur.
It will also help avoid substantial outlays of public funds in accomplishing
same.
B.
Any person, business, organization, bank or lender who or which commences
a foreclosure action against a residential property (improved with
a single-family, two-family or multiple-family residence) that has
become vacant shall provide to the Incorporated Village an undertaking
in the form of cash, a cash bond, or a letter of credit acceptable
to the Incorporated Village Attorney, in the sum of $25,000, to secure
the continued maintenance of the property free of any violations of
any section of this chapter for residential properties, during the
entire time that the vacancy shall exist, as determined by the Incorporated
Village of Island Park Board. When the foreclosure action is finally
discontinued, any unused funds shall be returned.
A.
Findings and legislative intent. When nonresidential properties in the Incorporated Village of Island Park fall vacant and become the subject of foreclosure actions, they frequently become neglected and overgrown with grass, weeds and rubbish, creating an unsightly appearance in the surrounding area and detract from the use, enjoyment and value of surrounding properties and impair the ability for people to, among other things, shop, conduct commerce, attend meetings or go to school in a safe, clear, and aesthetic environment. The Incorporated Village is committed to using all legal avenues to proactively address these adverse conditions, to alleviate the burden these vacant properties impose on a neighborhood. This section places the financial burden on any person, business, organization, bank or lender who or which commences a foreclosure action against any vacant property in the Incorporated Village of Island Park not subject to § 269-1 to deposit funds with the Incorporated Village of Island Park after the foreclosure action is commenced, for use in achieving prompt remediation, if or when it shall occur. This section is clearly in the public interest. It will help deter violations by creating a financial disincentive against allowing the property to lie fallow and unmaintained. It will help to expedite remediation of overgrown grass, weeds and rubbish, when they occur. It will also help avoid substantial outlays of public funds in accomplishing same.
B.
Any person, business, organization, bank or lender who or which commences a foreclosure action against a property not subject to the requirements of § 269-1 (including, among other property, commercial properties) that has become vacant, or subsequent parties of such an action, shall provide to the Incorporated Village of Island Park an undertaking in the form of cash, a cash bond, or a letter of credit acceptable to the Incorporated Village of Island Park Attorney, in the sum of $35,000, to secure the continued maintenance of the property free of any violations of this section during the entire time that the vacancy shall exist, as determined by the Incorporated Village of Island Park Board. When the foreclosure action is finally discontinued, any unused funds shall be returned.
C.
It shall be unlawful for any such person, business, organization,
bank or lender to fail to properly deposit such cash, a cash bond,
or a letter of credit within 45 calendar days after the foreclosure
action is commenced.
In the event that the Incorporated Village of Island Park Board determines that any property referenced in § 269-1 or § 269-2 above is being maintained in violation of this chapter, then in addition to or in lieu of any other enforcement remedy at its disposal, the Incorporated Village of Island Park Board may utilize the deposited funds to pay the full and actual cost of actions necessary to eliminate the violation.
A.
In the event that any such funds are utilized as set forth above, such person, business, organization, bank or lender shall restore it to the full amount referenced in § 269-1 or § 269-2 above, within 15 calendar days after written demand by the Incorporated Village of Island Park, sent by regular mail and certified mail, return receipt requested, to such person, business, organization, bank or lender at an address designated by it for service of notices, or else to the last known address. It shall be unlawful for such person, business, organization, bank or lender to fail to timely restore funds as required herein.
B.
In the event that the Incorporated Village of Island Park Board determines that any property referenced in § 269-1 or § 269-2 above is being maintained in violation of this chapter and no cash, cash bond, or letter of credit acceptable to the Incorporated Village of Island Park Attorney has been provided or replenished as required by the above, then in addition to or in lieu of any other enforcement remedy at its disposal, the Incorporated Village of Island Park Board may serve a written demand upon such person, business, organization, bank or lender to provide the required cash, cash bond, or letter of credit acceptable to the Incorporated Village of Island Park Attorney, within 10 days after the date of such written demand, subject to the following:
(2)
The written demand shall be served in any manner authorized to obtain
personal service under Article 3 of the Civil Practice Law and Rules
of the State of New York, or otherwise applicable law; and
(3)
In the event that no cash, cash bond, or letter of credit acceptable to the Incorporated Village of Island Park Attorney has been provided or replenished as required by Subsection A or B above, within 10 days after the date of such written demand, then such person, business, organization, bank or lender shall be subject to fines of up to triple the maximum amount set forth under this chapter and a minimum fine of $500 for each day of the noncompliance until such time as that person or entity complies with the provisions of this section, or by imprisonment for not more than 15 days, or by both such fine and imprisonment, with each calendar day of failure to timely provide same constituting a separate additional offense, as set forth under this chapter.
C.
If any provision of this section is declared unenforceable for any
reason by a court of competent jurisdiction; such declaration shall
affect only that provision, and shall not affect the remainder of
this section, which shall remain in full force and effect.
D.
This section shall apply to all nonresidential foreclosures commencing
after the effective date of this chapter. It is to be considered remedial
legislation and shall be liberally construed so that substantial justice
is done.
The funds deposited with the Incorporated Village of Island
Park as an undertaking pursuant to this chapter may be used by the
Incorporated Village of Island Park Board to remedy any unsafe condition
existing at a foreclosure property which is the subject of the undertaking,
and in that event, the utilized funds shall be replenished as provided
for, in the same manner and under the same requirements as if the
funds had been used by the Incorporated Village of Island Park Board,
as provided therein.
