The purpose and intent of this chapter is to prevent the deterioration
and decline in value of neighborhoods in the Village of Fort Plain;
deterioration of individual residences; and/or the deterioration or
loss of significant architectural features caused by neglected vacant
properties located within the Village. It is also the purpose of this
chapter to identify, regulate, limit and reduce the number of these
properties located within the Village. It is the further intent of
this chapter to establish a registration requirement as a mechanism
to protect neighborhoods from the negative impact and conditions that
occur as a result of vacancy, absentee ownership, lack of adequate
maintenance and security, and will provide a method to expeditiously
identify multiple parties and their contact person(s) for each property
responsible for this protection.
As used in this chapter, the following terms shall have their
meanings indicated:
ACCESSIBLE PROPERTY/STRUCTURE
A property that is accessible through a compromised or breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
ANNUAL REGISTRATION
Twelve months from the date of the first action that required
registration, as determined by the Village, or its designee, and every
subsequent 12 months. The date of the initial registration may be
different than the date of the first action that required registration.
APPLICABLE CODES
Includes, but is not limited to, the various local laws of
the Village of Fort Plain, including the Zoning Code and the New York
State Fire Prevention and Building Codes, as currently in effect and
as may hereafter be amended from time to time.
BLIGHTED PROPERTY
Properties that have broken or severely damaged windows,
nonfunctional stormwater disposal systems, doors, walls, roofs, or
other architectural features which create hazardous conditions and
encourage trespassing; or properties whose maintenance is not in conformance
with the maintenance of other neighboring properties causing a decrease
in value of the neighboring properties; or properties cited for a
public nuisance; or properties that endanger the public's health,
safety, or welfare because the properties or improvements thereon
are dilapidated, deteriorated, or properties where neglected maintenance
and/or deterioration poses a threat to the structure or its significant
architectural features, or violates minimum health and safety standards
or lacks maintenance as required by the applicable codes.
EVIDENCE OF VACANCY
Any condition that, on its own or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but are not limited to: overgrown
and/or dead vegetation; past due utility notices and/or disconnected
utilities; accumulation of trash, junk or debris; abandoned vehicles,
auto parts or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail, or statements by neighbors, passers-by,
delivery agents or government agents; or the presence of boards over
doors, windows or other openings in violation of applicable code.
LOCAL PROPERTY MANAGEMENT COMPANY
A property manager, property management company or similar
entity responsible for the maintenance and security of registrable
real property within 20 driving miles of the Village limits. Upon
reviewing of credentials, the Village, or its designee, may allow
a nonlocal manager to be listed.
OWNER
Any person, firm, corporation, limited-liability company
or other legal entity who, individually or jointly or severally with
others, holds the legal or beneficial title to any building, facilities,
equipment or premises subject to the provisions of this chapter.
PROPERTY MANAGEMENT COMPANY
A property manager, property maintenance company or similar
entity responsible for the maintenance of registrable real property.
REAL PROPERTY
Any improved residential or commercial land, building, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Village limits. Developed lots are considered improved land.
REGISTRABLE PROPERTY
Any real property located in the Village that is vacant as
defined herein, and any real property located in the Village, whether
vacant or occupied, that is subject to an application for a tax deed
or pending tax lien sale.
RENTAL PROPERTY
Property that contains single-family rental dwelling units
or multifamily rental dwelling units for use by residential tenants,
including but not limited to the following: mobile homes, mobile home
spaces, Village homes and condominium unit(s). A rental dwelling unit
includes property that is provided to an individual or entity for
residential purposes upon payment of rent or any other consideration
in lieu of rent, regardless of relationship between lessor and lessee.
SEASONAL PROPERTY
Property occupied for only part of a year, such as where
an owner lives at another location for a portion of the year, but
where the local property is continued to be maintained.
[Added 11-17-2020 by L.L. No. 4-2020]
VACANT
Any parcel of land in the Village that contains a building
or structure that is not lawfully occupied or inhabited by human beings
as evidenced by the conditions set forth in the definition of "evidence
of vacancy" above which is without lawful tenant or lawful occupant
or without a certificate of occupancy.
[Amended 11-17-2020 by L.L. No. 4-2020]
These sections shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather shall be an additional remedy available to the Village above and beyond any other state, county, or Village provision for same. The provisions of this chapter are in addition to and are not intended to replace Article
II, Building Registration and Posting, of Chapter
75, entitled "Buildings, Numbering and Registration of."
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Village above and beyond any other
state, county, or Village provisions for same. The registration requirement
established herein shall not apply to any state or federally chartered
bank or other financial institution which is subject to the provisions
of the Zombie Property and Foreclosure Prevention Law of the State
of New York, but shall apply to bank-owned properties.
A vacant or unoccupied building or structure shall not be occupied
until:
A. A certificate of occupancy has been issued by the Code Enforcement
Officer after all violations have been corrected in accordance with
the applicable requirements of the New York State Fire Prevention
and Building Codes and any other codes that are enforced by the Village,
including the Village's Property Maintenance Code;
B. All mechanical, electrical, plumbing and structural systems have
been determined by the Code Enforcement Officer to be in compliance,
or at the option and expense of the property owner same is certified
to by a licensed contractor as being in good repair; and
C. All assessments and liens owed to the Village have been paid in full.
Any enforcement officer or any person or any person authorized
by the Village to enforce the sections of this chapter shall be immune
from prosecution, civil or criminal, for reasonable, good faith entry
upon real property while in the discharge of duties imposed by this
chapter.
[Added 11-17-2020 by L.L. No. 4-2020]
If the owner fails to pay the amount of any registration fee
due after being given notice of the amount of such registration fee
due, said amount as assessed shall constitute a lien and charge on
the real property as which it is levied until paid or otherwise satisfied
or discharged and shall be collected in the same manner and at the
same time as the other Village taxes and charges.
If any section, sentence, clause or phrase of this chapter is
held to be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect, the validity of the remaining
portions of this chapter.
All ordinances, local laws and parts thereof inconsistent with
this chapter are hereby repealed.
This chapter shall take effect upon filing with the New York
State Secretary of State.
The chapter designation and numerical/lettering designations
of the section and article(s) included in this chapter shall be delegated
to the discretion of General Code Publishers, which may renumber the
chapter, sections and article(s) included, in this chapter as necessary
to accommodate incorporation of this chapter in the Code of the Village
of Fort Plain.