[HISTORY: Adopted by the Town Board of the Town of Lyons. Amendments noted where applicable.]
The owner of a vacant building shall register with the Code Enforcement Office not later than 30 days after any building located in the Town of Lyons becomes a vacant building as defined in this section, or not later than 30 days of being notified by the Code Enforcement Officer of the requirement to register. For purposes of this section, the term "vacant building" shall mean any "dangerous building" as defined in Chapter 120, § 120-26, of the Town Code, or any building which is unoccupied for a period of time over 60 days. The Building Department may identify vacant buildings through its routine inspection process as well as through notification by residents and referrals from officials that a building may be eligible for inclusion on the registry. Vacant building registration shall be in addition to any construction, demolition, or operating permit that may be required.
The registration shall be submitted on forms approved by the Code Enforcement Officer and shall include the following information supplied by the owner:
A description of the premises.
The names and addresses of the owner or owners.
If the owner does not reside in Wayne County or an adjoining county, the name and address of any third party with whom the owner has entered into a contract or agreement for property management.
The names and addresses of all known lienholders and all other parties with an ownership interest in the building.
A telephone number where a responsible party can be reached at all times during business and nonbusiness hours.
A vacant building plan as described below.
Vacant building plan. The owner shall submit a vacant building plan which must meet the approval of the Code Enforcement Officer. The plan, at a minimum, must contain information from one of the following three choices for the property:
If the building is to be demolished, a demolition plan indicating the proposed time frame for demolition;
If the building is to remain vacant, a plan for securing the building in accordance with the Uniform Code, if applicable, along with the procedure that will be used to maintain the property in accordance with the Uniform Code, and a statement of the reasons why the building will be left vacant; or
If the building is to be returned to appropriate occupancy or use, a rehabilitation plan for the property. The rehabilitation plan shall not exceed 365 days, unless the Code Enforcement Officer grants an extension 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 the Uniform Code and any applicable zoning, housing or historic preservation codes and must be secured during the rehabilitation.
The Code Enforcement Officer shall provide the owner with information outlining the requirement of the Uniform Code regarding vacant buildings.
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 meet the approval of the Code Enforcement Officer.
The owner of any vacant building shall remove all combustible waste and refuse therefrom and lock, barricade, guard continuously or otherwise secure all windows, doors and other openings in the building to prevent entry by unauthorized persons. Except as otherwise approved by the Code Enforcement Officer, all openings in the basement, first-floor doors and windows and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with plywood two-by-four braces, carriage bolt sets and nails in accordance with the U.S. Fire Administration National Arson Prevention Initiative Board Up Procedures. A "no trespassing" sign shall be posted at the completion of the board-up.
The new owners shall register or re-register the vacant building with the Department of Fire Prevention and Building Safety within 30 days of any transfer of an ownership interest in a vacant building. The new owners shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the Code Enforcement Officer.
Vacant building fees.
The owner of a vacant building shall pay an annual fee in an amount set from time to time by the Town Board by resolution for the period the building remains a vacant building. The fee shall be reasonably related to the administrative costs for registering and processing the vacant building registration form and for the costs of the Town in monitoring the vacant building site.
The first annual fee shall be paid at the time of initial registration, or registration by a new owner. If a plan is extended beyond 365 days, subsequent annual fees shall be due on the anniversary date.
The Code Enforcement Officer shall inspect the interior of all registered vacant buildings to determine the general condition of said buildings, identify potential hazards to firefighters, and the presence of flammables, combustible waste or hazardous materials. Any vacant or abandoned building or structure determined to be unsafe relating to structural or interior hazards shall be placarded in an approved manner.
The Code Enforcement Officer should notify the Fire Chief of any building with unsafe conditions. This information should be provided to the Wayne County Fire Control Center to be included in the Wayne County 911 computer dispatch system database. Any vacant or abandoned buildings or structures determined to be unsafe pursuant to the Uniform Code or this section relating to structural or interior hazards shall be marked as such in accordance with generally accepted standards.
Once every six months, the Code Enforcement Officer shall send to the Town Board a list of all buildings in the Town declared vacant under the provisions of this section.
Any swimming pool, hot tub, spa or circulation system regulated by the Uniform Code that is unsafe or that constitutes a fire or health hazard, unsanitary condition, or is otherwise dangerous to human life is hereby declared unsafe. Any use of a swimming pool, hot tub, spa or circulation system regulated by the Uniform Code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared an unsafe use. Any such unsafe swimming pool, hot tub, spa or circulation system is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal. The term "circulation system" shall mean the mechanical components that are part of a recirculation system on a pool or spa. Circulation equipment may be, but is not limited to, categories of pumps, hair and lint strainers, filters, valves, gauges, meters, heaters, surface skimmers, inlet/outlet fittings, and chemical feeding devices. The components have separate functions but, when connected to each other by piping, perform as a coordinated system for purposes of maintaining pool or spa water in a clear and sanitary condition.
Authority to disconnect service utilities. The Code Enforcement Officer shall have the authority to authorize disconnection of utility service to any swimming pool, hot tub, spa or circulating system regulated by the Uniform Code in case of an emergency, where necessary to eliminate an immediate danger to life or property.
Whenever any portion of a building or structure has been used as part of a clandestine laboratory/grow operation as in the making, manufacturing or "cooking" of methamphetamine or any other controlled substance as defined within the New York State Penal Law, as determined by a law enforcement agency and/or peace officer having jurisdiction, the building(s) or structure(s) shall be deemed a nuisance and an imminent danger to public health and safety per this chapter and/or the Uniform Code. Any dangerous building shall be placarded, vacated, and remain vacant and unsafe until the following conditions are met:
Any owner or landlord that has a building or structure meeting the above criteria shall provide certification, at the owner's or landlord's expense, from an American Board of Industrial Hygiene (ABIH) certified industrial hygienist, that the known hazardous substance associated with a clandestine laboratory/grow operation process (including but not limited to chemicals, chemical residues, mold, fungus, and/or other toxins) has been reduced or eliminated to the point that it is again safe to occupy the structure prior to the issuance of a new certificate of occupancy.
The amount of methamphetamine residue (for purposes of this subsection, methamphetamine residue includes chemicals used in the making of the drug known as "meth") present in the building or structure shall be no more than 0.1 microgram per 100 square centimeters or less prior to the issuance of a new certificate of occupancy.
Inspection and testing shall be done in each room of a single dwelling unit and shall include basements, attic areas, attached garages and heating and cooling duct systems.
Inspection and testing of structures other than dwelling units and exterior property areas shall be determined case-by-case based on the locations of hazardous substance storage, use, or disposal.
Test sampling shall be performed in accordance with the most current edition of EPA standard operating procedures.
Cleanup and disposal of properties, items, materials, or chemicals shall be done in compliance with all applicable state and federal standards and procedures, including personnel safety procedures.
Any time a garage that is attached to and/or shares a common access point to the living quarters is used for a clandestine laboratory/grow operation, the making, manufacturing, or cooking of methamphetamine or any other controlled substance as defined within the New York State Penal Law, the garage and living quarters will be deemed abandoned and unsafe until such time as the requirements of Subsection A above are met.
Any time a rooming unit is used for a clandestine laboratory/grow operation, the making, manufacturing, or cooking of methamphetamine or any other controlled substance as defined within the New York State Penal Law, that room will be considered abandoned and unsafe and will not be allowed to be occupied until such time as the requirements of Subsection A above are met.
Any time a clandestine laboratory/grow operation is found in a multiunit building or structure, including a motel/hotel, inspection and testing shall take place in the adjacent unit(s) surrounding the dangerous building that shares a common wall or floor/ceiling. Additionally, testing will take place in any/all unit(s) sharing a common heating or cooling system with the dangerous building. Testing shall be completed within 60 days of the posting of the original dangerous building.
Inspection and testing of adjacent units will be confined to rooms sharing the common wall or floor/ceiling unless test results show the presence of a hazardous substance. Inspection and testing will continue to expand to adjacent rooms, buildings, or structures until such time that adjacent building(s) and structure(s) are in compliance with Subsection A above.
If the inspection and test results indicate that any adjacent unit meets the definition of a "dangerous building," it too shall be placarded against occupancy until it can be brought into compliance.