[HISTORY: Adopted by the Town Board of the Town of LeRoy 2-22-2018 by L.L. No. 1-2018. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 53.
It is the finding of the LeRoy Town Board that vacant buildings
are unsightly, unsafe, and have a negative effect on the community.
Unfortunately, many buildings, once vacant, remain that way for years.
The purpose of this chapter is to establish a program for identifying
and registering vacant buildings, to set forth the responsibilities
of owners of vacant buildings, and to speed the rehabilitation of
vacant buildings.
Unless otherwise expressly stated, the following terms will,
for the purpose of this chapter, have the meanings indicated in this
section:
Where the condition of a building, structure, or any part
thereof is an imminent, immediate, and substantial danger to the health
or safety of occupants, emergency responders, and/or the general public.
Such conditions include, but are not limited to, fire hazards, falling
or dilapidated buildings, structures, or any part thereof, loss of
significant water, heat, ventilation, or a lack of sanitary conditions.
The duly authorized Code Enforcement Officer, or designated
persons from that office.
The person, persons, or entity shown to be the owner or owners
on the records of the LeRoy Assessor's office, those identified
as the owner or owners on a vacant building registration form, a mortgagee
in possession, a mortgagor in possession, or an assignee of rents,
receiver, executor, administrator, trustee, lessee, other person,
firm or corporation in control of the premises. Any such person will
have joint and several obligations for compliance with the provisions
of this chapter.
A building secured by means other than those used in the
design and approved plans for the building.
A building or portion thereof which lacks the habitual presence
of human beings who have a legal right to be on the premises, including
buildings ordered vacated by a Code Enforcement Officer. In determining
whether a building is unoccupied, the Code Enforcement Officer may
consider these factors, among others:
Whether lawful residential or business activity has ceased;
The building is substantially devoid of contents or the minimal
value of fixtures or personal property in the building;
The building lacks utility services;
The building is subject to a foreclosure action;
Duration of vacancy; and/or
The presence or reoccurrence of code violations.
Nothing in this vacant building registry is intended to require
registration for an unoccupied property which meets codes and which
is determined by the Code Enforcement Officer to be temporarily or
seasonally vacant.
A property may be considered "unoccupied" and therefore required to register as such by the Code Enforcement Officer, even if the property is for sale, if the unoccupied property contributes to a "negative effect on the community" as referred to in § 146-1 above.
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
A building, a portion of a building, or a structure which is
any one or more of the below (First floor must be occupied —
if so, upper floors may be unoccupied):
Unoccupied and unsecured;
Unoccupied and secured by other than normal means;
Unoccupied and unsafe building as determined by a Code Enforcement
Officer;
Unoccupied and a Code Enforcement Officer has issued an order
to correct code violations:
Illegally occupied;
Unoccupied for a period of over 30 days.
Nothing in this vacant building registry is intended to require
registration for an unoccupied residence which meets codes and which
is determined by the Code Enforcement Officer to be temporarily or
seasonally vacant.
A property may be considered "vacant" and therefore required to register as such by the Code Enforcement Officer, even if the property is for sale, if the unoccupied property contributes to a "negative effect on the community" as referred to in § 146-1 above.
A.
The owner of a vacant building shall register with the Code Enforcement
Officer no later than 30 days after any building becomes a "vacant
building," as defined above, or not later than 30 days after being
notified by a Code Enforcement Officer of the requirement to register,
whichever is sooner. A Code Enforcement Officer may identify vacant
buildings through his/her 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.
Notice shall be served upon, or sent by certified mail to, the owner,
and any registered property manager, and to the property address.
Notice shall be deemed received by the owner, property manager, or
an occupant, upon personal delivery or three days in Genesee County
or five days for other locations after service by certified mail.
The village or Town may also post notices on the village or Town website
to provide additional notice to the public. However, the village or
Town's failure to post such violations on their website shall
not constitute a defense to any enforcement proceeding or collection
of fees.
B.
The registration shall be submitted on forms provided by the Code
Enforcement Officer, or designated persons from that office, and shall
include the following information:
(1)
A description of the premises, i.e., square footage, number of stories,
age of the building, and most recent use of the building.
(2)
The names, addresses, and telephone numbers of the owner or owners;
if the owner is a corporation, limited-liability company, or partnership,
the address for each director, manager, or partner, as the case may
be. The address must include a street address; a post office box is
not acceptable.
(3)
If the owner does not reside in Genesee County or any adjoining New
York county, the name and address of a responsible party who does
reside in Genesee County or any adjoining county. The address must
include a street address; a post office box is not acceptable.
(4)
The names and addresses of all known lienholders and all other parties
with an ownership interest in the building. Each address must include
a street address; a post office box is not acceptable. A name, address,
and telephone number of a responsible natural person (not a corporation,
partnership, or limited-liability company) who can be reached at all
times during business and nonbusiness hours. The address must include
a street address; a post office box is not acceptable.
C.
The owner shall submit a vacant building plan which must meet the
approval of the Code Enforcement Officer, or designated person. The
plan, at a minimum, must contain information and appropriate permits
from one of the following three proposals for the property:
(1)
If the building is to be demolished, a demolition plan indicating
the proposed time frame for demolition;
(2)
If the building is to remain vacant, a plan for the securing of the
building in accordance with standards provided below, along with the
procedure that will be used to maintain the property, and a statement
of the reason(s) why the building will be left vacant; or
(3)
If the building is to be returned to appropriate occupancy or use,
rehabilitation plans for the building must be submitted to the Code
Enforcement Officer. The rehabilitation plans shall not exceed 365
days from the date of submission and shall include progress benchmarks
at least every four months, unless the Code Enforcement Officer grants
an extension for good cause shown, 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. The building
must be secured in accordance with this chapter.
D.
The owner shall comply with all applicable laws and codes. The owner
shall notify the Code Enforcement Officer 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 must meet
the approval of the Code Enforcement Officer.
E.
The owner and any subsequent owner shall keep the building secured
and safe and the building and grounds properly maintained as provided
in the NYS Property Maintenance Code and this chapter.
F.
Failure of the owner or any subsequent owner to maintain the building
and premises as required herein shall be grounds for the Town:
G.
The owner shall notify the Code Enforcement Officer of any transfer
of ownership within 15 days of transfer. The new owner shall comply
with the approved plan and timetable submitted by the previous owner
until any proposed changes are submitted and approved by the Code
Enforcement Officer, or designated person.
H.
Vacant building registration fees.
(1)
The owner of a vacant building shall pay a registration fee as determined
by the fee schedule adopted by the Town. The registration fee is due
and payable upon registration; to wit: no later than 30 days after
any building becomes a "vacant building," as defined above, or no
later than 30 days after being notified by a Code Enforcement Officer
of the requirement to register.
(2)
If the building is to remain vacant, then the owner shall also pay
an annual vacant building fee. The amount of said fee shall be determined
pursuant to the fee schedule adopted by the LeRoy Town Board. Said
fee schedule shall provide for differing amounts dependent upon the
number of years that the building is vacant.[1]
[1]
Editor's Note: The fee schedule is included as an attachment to this chapter.
(3)
If the building is to be returned to a permitted use, the rehabilitation
plan shall not exceed 365 days from date of issue and shall include
progress benchmarks at least every four months, unless the Code Enforcement
Officer grants an extension for good cause shown upon receipt of a
written statement from the owner detailing the reasons for the extension.
If the rehabilitation has not been completed or extended, then the
owner shall pay an annual vacant building fee, as determined by the
Town Board under the Vacant Building Registry Fee Schedule, until
the building is properly demolished or rehabilitated.
(4)
If the owner of a vacant building fails to register and pay the fees
within 30 days, then the owner shall be subject to the penalty set
forth in the fee schedule adopted by the Town Board.
(5)
All delinquent fees shall be paid by the owner prior to any transfer
of an ownership interest in any vacant building. The owner shall give
a purchaser written notice that the building in question is a vacant
building under this section.
(6)
The vacant building registration fees and annual vacant building
fees as set forth in the fee schedule or by separate resolution are
to be delivered, by mail or in person, to the Town Clerk's Office.
I.
Code Enforcement Officer shall include in the file any property-specific
written statements from community organizations, other interested
parties or citizens regarding the history, problems, status or blighting
influence of a vacant building.
A.
The owner of a vacant building shall take such steps and perform
such acts as may be required of him or her from time to time to ensure
that the building and its grounds remain safe and secure and do not
present a hazard to any adjoining property or the public. Owners shall
be responsible for maintaining their buildings and structures so that
they do not become an unoccupied hazard. In any building or floor
area that is vacant or about to become vacant, there shall be at least
one access which meets the approval of the Code Enforcement Officer.
B.
The owner shall protect and maintain the exterior of the building
according to NYS Building Codes and including (but not limited to)
the following:
(1)
Exterior walls, including foundations, shall be maintained so that
water does not penetrate into basements, cellars, or other interior
areas other than that which is adequately discharged by a sump pump
(crock) or other suitable evacuation method. All exterior walls and
foundations must be free of holes and crevices.
(2)
Exterior doors, windows, skylights and similar openings shall be
maintained weathertight.
(3)
Exterior stairs, porches, entrance platforms, fire escapes and the
railings thereon shall be maintained in good repair and a safe and
sound condition.
(4)
Roofs shall be maintained in a weathertight condition.
(5)
Exterior surfaces shall be maintained in good condition. Surfaces
not inherently resistant to deterioration shall be treated with a
protective coating of paint or other suitable preservative.
(6)
The coverings for windows and doors with glass may not consist of
any substance sprayed onto the glass doors or windows. All enclosures
shall be properly fitted and be of such material and surface that
they are neither unsightly nor will materially detract from the general
appearance of the building or the neighborhood and, when possible,
secured by normal means.
(7)
The covering for broken doors and cracked or broken windows may consist
of replacement glass, Plexiglas, boards, plywood or similar materials
finished and maintained in a manner recommended and approved by the
Code Enforcement Officer. The materials shall be designed and of such
color to blend in with the finish of the building.
(8)
The premises shall be kept free of insects and vermin and will be
treated if necessary.
(9)
Any excavations, swimming pools, or other attractive nuisances must
be filled in or properly closed, such as through secured fencing.
C.
In addition to the standards prescribed above, vacant commercial
and retail buildings shall comply with the following standards:
D.
The owner shall protect and maintain the interior of the building
as follows:
E.
The owner shall maintain the premises as follows:
(1)
The owner shall not permit garbage and refuse to accumulate.
(2)
Buildings and structures shall be maintained free of insects, vermin
and rodent harborage and infestation.
(3)
Refrigerators and similar equipment with locking mechanisms shall
not be discarded, abandoned or stored without first removing the locking
devices or the hinges of the doors.
(4)
Junked vehicles shall not be stored at the premises.
(5)
Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors
shall be maintained structurally safe and smoke tight.
(6)
If the building is to be demolished or remain vacant, then, within
10 days of registering the building as a vacant building, all fuel
gas, water, and utilities must be disconnected at the mains and water
pipes drained. If the building is going to be rehabilitated, then
the building must be heated to avoid freezing pipes, fuel gas pipe
systems must be maintained gastight, in a safe and operative condition,
and water pipes must be maintained to avoid leaks and/or breakage.
(7)
Fuel tanks shall be maintained so as not to be a hazard or shall
be discontinued in a manner consistent with Chapter C of the State
Uniform Fire Prevention and Building Code (9 NYCRR).
(8)
The domestic water supply system of the building shall be connected
to an approved source, shall not be subject to contamination and shall
not be connected to unsafe water supplies, or the system shall be
disconnected at the main and completely drained.
(9)
Stormwater drainage systems shall be maintained so as to function
properly and be kept free from obstructions, leaks and defects. Sewage
systems shall be similarly maintained or shall be sealed so as to
prevent accumulation of sewage gases in buildings.
(10)
Electrical fixtures, devices, wiring and systems shall be maintained
in safe working condition in a manner which shall avoid a potential
source of ignition or shock, or service shall be discontinued at the
supply.
(11)
The owner shall provide for snow removal.
(12)
The owner shall maintain yards and vacant lots trimmed and mowed,
with the height of grass and weeds being no more than six inches,
and clean and free of physical hazards, rodent harborage and infestation.
F.
Whenever the owner of a vacant building fails to comply with a notice from a Code Enforcement Officer to take steps and perform acts as are required of him or her to ensure that a building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property in violation of Subsection B above, the Town may enter onto the building and the property and take steps and perform acts to render the building and its adjoining yards safe, secure and free from hazards to adjoining property and the public. These acts shall include, but not be limited to, removal of dangerous conditions, properly replacing or boarding up windows and doors, shutting off utilities, capping plumbing to prevent leakage of water or sewer gas, or removing flammable or otherwise hazardous material and debris. A bill for the expenses incurred above shall be presented to the owners of the building. If said bill for expenses remains unpaid for more than 60 days, the Town Clerk shall include those unpaid expenses on the next town/county tax bill to be levied.
A.
Nonresidential buildings located within an historic district shall
be exempt from this code.
B.
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 60 days after the date of the fire or extreme weather
event if the property owner submits a request for exemption in writing
to the Code Enforcement Officer. This request shall include the following
information supplied by the owner:
By registering a vacant building, an owner consents to a Code
Enforcement Officer inspecting the premises for the purpose of enforcing
and assuring compliance with the provisions of this chapter. Upon
the request of the Code Enforcement Officer, an owner shall provide
access to all interior portions of a vacant building in order to permit
a complete inspection. Nothing contained herein, however, will diminish
the owner's right to insist upon the procurement of a search
warrant from a court of competent jurisdiction by the Code Enforcement
Officer, or his or her designee, in order to enable such inspection,
and the Code Enforcement Officer shall be required to obtain a search
warrant whenever an owner refuses to permit a warrantless inspection
of the premises after having been advised of his or her constitutional
right to refuse entry without same. In the case of an emergency, this
section shall not apply.
Attached to this code shall be a "Vacant Building Registry Fee
Schedule," with rates adopted by the LeRoy Town Board. Owners of vacant
buildings, as defined by this code and identified by the Code Enforcement
Officer, shall be subject to said fees.
The Code Enforcement Officer shall notify an affected owner
of a fee assessment and a sixty-day period to remit such payment to
the Town of LeRoy. If said required payment is not received within
that sixty-day time period, the LeRoy Town Board authorizes the Town
Clerk to levy such fees on the owner's next town tax bill.
