[HISTORY: Adopted by the Board of Trustees of the Village
of Montour Falls as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-16-2017 by L.L. No. 1-2017]
The intent of this article is to promote the orderly and timely
management and maintenance of vacant parcels and structures in order
to protect the public health, safety and general welfare of the people
of the Village of Montour Falls and to further achieve the following
beneficial purposes:
A.
The protection of the character and stability of residential and
commercial areas.
B.
The correction and prevention of housing conditions that adversely
affect or are likely to adversely affect the life, safety, general
welfare and health.
C.
The preservation of the value of land and buildings throughout the
Village of Montour Falls.
This article establishes a new definition of "vacant and abandoned
property" [set forth in New York Real Property Actions and Proceedings
Law (RPAPL) § 1309]. Residential real property shall be
deemed vacant and abandoned where the plaintiff has proven, by a preponderance
of the evidence, that it has conducted at least three inspections,
each between 25 days to 35 days apart and at different times of the
day, and at each inspection:
A.
No occupant was present and there was no evidence of occupancy; evidence
of a lack of occupancy includes but is not limited to:
(1)
Overgrown vegetation;
(2)
Accumulation of newspapers or flyers;
(3)
Past-due utility notices, disconnected utilities or utilities not
in use;
(4)
Accumulation of trash or other debris;
(5)
Absence of window coverings;
(6)
Boarded, missing or broken windows;
(7)
Property is open to entry to trespass; or
(8)
A structurally unsound structure exists that poses a potential hazard
or danger; and
(9)
There is evidence that the property was not being maintained in a manner consistent with the standards set forth in New York State Property Maintenance Code 4, Chapter 3, Sections 301, 302 (excluding 302.2, 302.6, 302.8), 304.1, 304.3, 304.7, 304.10, 304.12, 304.13, 304.15, 304.16, 307.1, and 308.1; or
B.
A court or government entity has formally determined, with due notice
to the borrower, that the property is vacant and abandoned; or
C.
Each borrower and owner has separately issued a sworn statement expressing
their intent to vacate and abandon the property. Residential real
property shall not be deemed vacant and abandoned where there is a
building:
(1)
Undergoing construction, renovation or rehabilitation that is proceeding
diligently; or
(2)
Used on a seasonable basis but is otherwise secure; or
(3)
Subject of a probate action, action to quiet title or other ownership
dispute of which the servicer has notice; or
(4)
Damaged by natural disaster but the owner intends to repair and reoccupy;
or
(5)
Occupied by a mortgagor, a relative or a lawful tenant.
A.
Within 90 days after the effective date of this article, the owner
of any vacant parcel or structure on the effective date of this article
shall file with the Code Enforcement Officer a registration form.
The owner of any vacant parcel or structure after the effective date
of this article shall file with the Village a registration form within
30 days of acquisition of such property. Such registration form shall
be furnished by the Village and shall set forth the following information,
in addition to other information required by the Fire Chief and/or
Code Enforcement Officer:
(1)
Name, principal residence address, principal business address, telephone
number and email address of all owners of the vacant parcel or structure.
(2)
If the owner is other than a natural person, the information required by Subsection A(1) above for the individual(s) who are vested with the day-to-day control of the management and operations of the owner.
(3)
The address, including street name and number, of the vacant parcel
or structure.
(4)
Descriptive information about the vacant parcel or structure.
(5)
If applicable, the name of owner's agent, with the agent's principal
residence address, principal business address, phone number(s) and
email address.
(6)
The type(s) of any fire protection system(s) located in the structure.
(7)
The type and amount of material in the building considered hazardous
by NFPA, DOT and/or DEC.
B.
It shall be the responsibility of the owner to register any change
of address, agent or any other registration information, which occurs
after the filing of the registration form, within 60 days of the date
of change by filing written notice of such change with the Code Enforcement
Officer. For purposes of this section, a post office box shall not
be accepted as the owner's or agent's address. The vacant parcel or
structure intended to be registered shall not be accepted as the owner's
or agent's address. The owner shall specify the address to which all
notices, violations, and invoices for fees are to be delivered.
C.
If an owner's principal place of business is not located within Schuyler
County, or the owner's principal place of residence is not located
in Schuyler County, the owner must designate on the registration form
an agent who resides in Schuyler County. Such agent shall have all
necessary authority to make decisions on the owner's behalf regarding
the management and maintenance of any vacant parcel or structure leased
by the owner, and by designating such agent on the registration form,
the owner shall be estopped from denying such authority. The registration
form shall further designate the owner's agent as the agent upon whom
service of legal process and all notices may be served or delivered.
D.
Within 30 days following the date of transfer of the legal or equitable
title to any vacant parcel or structure required to be registered
by this article, the new owner shall file with the Code Enforcement
Officer a new registration form.
A.
There shall be no filing fee for an owner filing a registration form
within 90 days after the effective date of this article. An owner
who owned a building at the effective date of this article but failed
to file a registration form within said ninety-day period shall pay
at the time of filing a registration form a fee of $125 for each parcel
or structure being registered.
B.
If the owner was not the owner of a building at any point during said ninety-day period, there shall be no filing fee for said owner, provided that the owner files a registration form within 30 days of acquiring legal or equitable title to the building as required by § 116-3D. If such an owner files a registration form after the expiration of said thirty-day period, the owner shall pay at the time of filing a registration fee of $125 for each parcel or structure being registered.
C.
There shall be no filing fee for an owner filing a notice of change to a registration form pursuant to § 116-3B.
D.
An agent designated as such under this article shall be required
to register with the Code Enforcement Officer as an agent and will
submit at that time a filing fee of $25 for each vacant parcel or
structure of the owner for whom he is acting as agent. The agent shall
be required to renew his registration annually and pay a registration
fee of $25 upon each renewal. The Village reserves the right to and
may decline to accept the registration of an agent who has failed
to satisfy his duties pursuant to this article in the preceding year.
It shall be the duty of the Code Enforcement Officer to give notice
to an agent whose registration has been denied and the reason(s) for
denial.
E.
Mixed use properties containing both residential and commercial units
will be considered commercial properties for the purpose of this article,
and the fee schedule will apply to the property as a commercial parcel.
|
Fee Schedule
| ||||
|---|---|---|---|---|
|
Property Type
|
Year 1
|
Year 2
|
Year 3
|
Subsequent Year
|
|
Residential structure registration fee: $125
|
First unit: $500; each additional unit: $100
|
First unit: $600; each additional unit: $150
|
First unit: $700; each additional unit: $200
|
First unit: $800; each additional unit $250
|
|
Commercial structure registration fee: $125
|
$1,000 or $0.15 per square foot, whichever is greater
|
$1,500 or $0.20 per square foot, whichever is greater
|
$1,800 or $0.25 per square foot, whichever is greater
|
$2,200 or $0.30 per square foot, whichever is greater
|
|
Vacant residential parcel (land only) registration fee: $125
|
$250 or $0.02 per square foot, whichever is greater
|
$500 or $0.04 per square foot, whichever is greater
|
$750 or $0.06 per square foot, whichever is greater
|
$1,000 or $0.08 per square foot, whichever is greater
|
|
Vacant commercial parcel (land only) registration fee: $125
|
$350 or $0.05 per square foot, whichever is greater
|
$700 or $0.10 per square foot, whichever is greater
|
$1,000 or $0.15 per square foot, whichever is greater
|
$1,400 or $0.20 per square foot, whichever is greater
|
A.
A violation of any provision of this article shall be an offense
punishable by a fine not to exceed $1,000 and imprisonment for a term
not to exceed 15 days, or both. For purposes of this article, each
week's continued existence of a violation shall constitute a separate
violation. For purposes of the preceding sentence, a "week" shall
constitute any period of seven consecutive days.
B.
The Code Enforcement Officer or a representative designated by the
Code Enforcement Officer, as the case may be, is hereby authorized
to issue appearance tickets pursuant to the Criminal Procedure Law
in the enforcement of this or any related laws of the Village of Montour
Falls.
C.
An action or proceeding may be instituted in the name of the Village,
in a court of competent jurisdiction, to prevent, restrain, enjoin,
correct, or abate any violation of, or to enforce, any provision of
this article. No such action or proceeding shall be commenced except
upon resolution by the Board of Trustees authorizing same.
D.
No remedy or penalty specified in this section shall be the exclusive
remedy or remedy available to address any violation of this article,
and each remedy or penalty specified in this section shall be in addition
to, and not in substitution for or limitation of, the other remedies
or penalties specified in this section, or otherwise available under
applicable law. Any remedy or penalty specified in this section may
be pursued at any time, whether prior to, simultaneously with, or
after the pursuit of any other remedy or penalty specified in this
section, in section or in any other applicable law.
E.
There shall be filed annually, on or before the first day of May,
with the Board of Trustees a statement showing the unpaid filing fees
that have been assessed to a property pursuant to this article with
a brief description of the property upon which the fees were incurred
and the name of the property owner. Such fees shall be added to the
annual Village real property tax statements and shall be collected
in the same manner and subject to the same rules, penalties and charges
as apply to the collection of real property taxes of the Village.
The owner shall submit a vacant building plan which must meet
the approval of the Enforcement Officer. The plan, at a minimum, must
contain information from one of the following three choices:
A.
Plan A: rehabilitate and reoccupy. If the building or parcel is to
be returned to an appropriate occupancy or use, a rehabilitation plan
for the property must be submitted. The rehabilitation plan shall
not exceed 365 days, unless the Village Board 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 apply with applicable zoning (including historic
preservation) and building codes. The property must be secured in
accordance with the Village of Montour Falls Zoning Code during the
period of rehabilitation. If no building permit has been applied for
within the one-year period, the owner will be notified of their noncompliance.
The owner will be required to file an extension with a revised Village
of Montour Falls - Vacant Property Registry Application.
B.
Plan B: stabilize and maintain. If the building or parcel is to remain
vacant, a plan for securing the building or parcel in accordance with
the Village of Montour Falls codes must be submitted. This must include
the procedure that will be used to monitor and maintain the building
in accordance with these standards, and a statement of the reasons
why the building is to remain vacant. The stabilization plan shall
not exceed 30 days, unless the Village Board grants an extension upon
receipt of a written statement from the owner, detailing the reasons
for the extension.
C.
Plan C: demolish. If the building is to be demolished, a demolition plan indicating the proposed time frame for demolition, including timeline to obtain the necessary permits. If no demolition permit has been applied for within the one-year period, the owner will be notified of their noncompliance. The Village Board has discretion to grant an extension, upon receipt of a written statement from the owner, detailing the reasons for the extension, if extenuating circumstances have prevented the demolition of the property or if the plan for the property has changed for reasons deemed legitimate by the Enforcement Officer. If no extension is granted, the property owner will be required to pay the maximum fee for their property type in all subsequent years, and the owner may be prosecuted under § 116-5 of this code.
If any section or provision of this article shall be held unconstitutional,
invalid or ineffective, such determination shall not be deemed to
affect, impair or invalidate the remainder of this article. In the
event of any inconsistency or conflict between any provision of this
article and any other local law or ordinance, the provisions of this
article shall control.
