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:
EMERGENCY SITUATION
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.
ENFORCEMENT OFFICER
The duly authorized Code Enforcement Officer, or designated
persons from that office.
OWNER
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.
UNOCCUPIED
A.
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:
(1)
Whether lawful residential or business activity has ceased;
(2)
The building is substantially devoid of contents or the minimal
value of fixtures or personal property in the building;
(3)
The building lacks utility services;
(4)
The building is subject to a foreclosure action;
(5)
Duration of vacancy; and/or
(6)
The presence or reoccurrence of code violations.
B.
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.
C.
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.
UNSECURED
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
VACANT BUILDING
A.
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):
(1)
Unoccupied and unsecured;
(2)
Unoccupied and secured by other than normal means;
(3)
Unoccupied and unsafe building as determined by a Code Enforcement
Officer;
(4)
Unoccupied and a Code Enforcement Officer has issued an order
to correct code violations:
(6)
Unoccupied for a period of over 30 days.
B.
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.
C.
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.
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.