It is the finding of the Common Council that buildings which
remain vacant, with access points boarded over, are unsightly, unsafe
and have a negative effect on their surroundings. This is particularly
troublesome in residential and neighborhood commercial neighborhoods.
Unfortunately, many buildings, once boarded, remain that way for many
years. The purpose of this chapter is to establish a program for identifying
and registering vacant buildings; to determine the responsibilities
of owners of vacant buildings and structures; and to speed the rehabilitation
of the vacant properties. Buildings which become vacant due to foreclosure
or that are vacant when foreclosed upon present additional problems.
It is often more difficult to secure compliance with this chapter
when the property is owned by a bank or mortgage company located in
another jurisdiction. As the number of vacant properties increases,
the maintenance of vacant buildings becomes even more critical.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this
section:
OWNER
Those shown to be the owner or owners on the records of the
City of Hudson Assessor, those identified as the owner or owners on
a vacant building registration form, a mortgagee in possession, a
mortgagor in possession, assignee of rents, receiver, executor, trustee,
lessee, other person, firm or corporation in control of the premises.
Any such person shall have a joint and several obligation for compliance
with the provisions of this chapter.
UNOCCUPIED
A building which is not being used for an occupancy authorized
by the owner, the Hudson City Code, and all applicable building codes.
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 building or portion of a building which is:
A.
Unoccupied and unsecured;
B.
Unoccupied and secured by other than normal means;
C.
Unoccupied and an unsafe building as determined by the Code
Enforcement Officer;
D.
Unoccupied and has multiple housing or building code violations;
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 90 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:
A. A description of the premises.
B. The names and addresses of the owner or owners.
C. A statement of intent to repair and reoccupy the building in an expedient
manner, or the intent to demolish the building.
The Code Enforcement Office shall inspect any premises in the
City for the purpose of enforcing and assuring compliance with the
provisions of this chapter. Upon the request of the Enforcement Officer,
an owner may provide access to all interior portions of an unoccupied
building in order to permit a complete inspection. Nothing contained
herein, however, shall diminish the owner's right to insist upon
the procurement of a search warrant from a court of competent jurisdiction
by the Enforcement Officer, or his or her designee, in order to enable
such inspection, and the 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.
The Code Enforcement Office shall submit an annual report, not
later than April 15 of each year, to the Mayor and Common Council
listing all buildings in the City declared vacant under the provisions
of this chapter, the date upon which they were declared vacant and
whether a vacant building registration and vacant building plan has
been filed for the building. The report shall additionally include
a list of all previously declared vacant buildings which are no longer
subject to the provisions of this chapter.
Any person violating any provision of the vacant building registry
or providing false information to the Enforcement Officer shall be
subject to a fine of not more than $1,000 per day of violation or
imprisonment not exceeding one year, or both such fine and imprisonment.
A. The term "person," as used in this section, shall include the owner,
occupant, mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee, agent or any other person, firm or corporation
directly or indirectly in control of the building or part thereof.
B. Each day of violation shall be deemed to constitute a separate offense.