[HISTORY: Adopted by the Board of Trustees of the Village
of Hempstead 8-5-2019 by L.L. No. 3-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded, former Ch.
78A, Foreclosure Notification, adopted 9-4-2012 by L.L. No. 9-2012.
A.
It is the purpose and intent of the Board of Trustees to establish
a process to address the deterioration, crime, and decline in value
of Village neighborhoods caused by property with defaulted mortgages
located within the Village, and to identify, regulate, limit and reduce
the number of these properties located within the Village. Vacant
structures or structures owned by individuals who are economically
strained and unable to meet their mortgage obligations are often not
properly or diligently maintained, which contribute to blight, decreased
property values, and have a negative impact on social perception of
the residential areas where they are located. It is the Board of Trustee's
further intent to establish a registration program as a mechanism
to help protect neighborhoods from becoming blighted through the lack
of adequate maintenance of properties that are in default or defaulted,
and to provide a mechanism to avert foreclosure actions through timely
intervention, education, or counseling of property owners.
B.
DEFAULT
DEPLOYED
ENFORCEMENT OFFICER
EVIDENCE OF VACANCY
FORECLOSURE OR FORECLOSURE ACTION
MORTGAGEE
OWNER
PROPERTY MANAGER
REAL PROPERTY
REGISTRABLE PROPERTY
(1)
(2)
REGISTRY
SEMI-ANNUAL REGISTRATION
UTILITIES AND SERVICES
VACANT
VILLAGE
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
That the mortgagor has not complied with the terms of the
mortgage on the property, or the promissory note, or other evidence
of the debt, referred to in the mortgage.
All current and active members of the Armed Forces, including
those members serving in the reserves who have been moved into position
for military action and stationed outside the Village.
Any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector, building inspector, or other person authorized by § 5-1, Issuing officers, of the Village Code.
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 and/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; statements by neighbors, passersby,
delivery agents or government agents; and/or the presence of boards
over doors, windows or other openings in violation of applicable code.
The legal process by which a mortgagee, or other lien holder,
terminates or attempts to terminate a property owner's equitable
right of redemption to obtain legal and equitable title to the real
property pledged as security for a debt or the real property subject
to the lien. The legal process is not concluded until the property
obtained by the mortgagee, lien holder, or their designee, by certificate
of title, or any other means, is sold to a nonrelated bona fide purchaser
in an arm's length transaction to satisfy the debt or lien.
The creditor, including but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the
mortgage agreement; or any other person or entity with the legal right
to foreclose on the real property, excluding governmental entities.
Every person, entity, or mortgagee, who alone or severally
with others has legal or equitable title to any real property as defined
by this chapter; has legal care, charge, or control of any such property;
is in possession or control of any such property; and/or is vested
with possession or control of any such property. The property manager
shall not be considered the owner.
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this chapter.
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Village limits.
Any real property located in the Village, whether vacant or
occupied, that is encumbered by a mortgage in default, is subject
to an ongoing foreclosure action by the mortgagee or Trustee, has
been the subject of a foreclosure action by a mortgagee or trustee
and a judgement has been entered, or has been the subject of a foreclosure
sale where the title was transferred to the beneficiary of a mortgage
involved in the foreclosure and any properties transferred under a
deed in lieu of foreclosure/sale. The designation of a "default/foreclosure"
property as "registrable" shall remain in place until such time as
the property is sold to a nonrelated bona fide purchaser in an arm's
length transaction or the foreclosure action has been dismissed and
any default on the mortgage has been cured; or
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first.
A web-based electronic database of searchable real property
records, used by the Village to allow mortgagees and owners the opportunity
to register properties and pay applicable fees as required in this
chapter.
Six months from the date of the first action that requires
registration, as determined by the Village, or its designee, and every
subsequent six months thereafter. The date of the initial registration
may be different than the date of the first action that required registration.
Any utility and/or service that is essential for a building
to be habitable and/or perform a service necessary to comply with
all Village codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
Any parcel of land in the Village that contains any building
or structure that is not lawfully occupied.
The Incorporated Village of Hempstead.
This chapter applies to defaulted and/or vacant property within
the Village.
Pursuant to the provisions of Chapter 78A, the Village, or its designee, shall establish a registry cataloging each registrable property within the Village, containing the information required by this chapter.
A.
Any mortgagee who holds a mortgage on real property located within
the Village shall perform an inspection of the property upon it being
in default or defaulted by the mortgagor or prior to the issuance
of a notice of default.
B.
Property inspected pursuant to Subsection A above that remains in default or defaulted shall be inspected every 30 days by the mortgagee or mortgagee's designee. If an inspection shows a change in the property's occupancy status, the mortgagee shall, within 10 days of that inspection, update the occupancy status of the property registration.
C.
Within 10 days of the date any mortgagee declares its mortgage to
be in default or defaulted, the mortgagee shall register the real
property with the Village Registry, and, at the time of registration,
indicate whether the property is vacant, and if so shall designate,
in writing, a property manager to inspect, maintain and secure the
real property subject to the mortgage in default or defaulted. A separate
registration is required for each defaulted property.
D.
Initial registration pursuant to this section shall contain at a
minimum the name of the mortgagee, the mailing address of the mortgagee,
e-mail address, telephone number and name of the property manager
and said person's address, e-mail address, and telephone number.
E.
At the time of initial registration each registrant shall pay a nonrefundable
semi-annual registration fee of $500 for each defaulted property to
the Village or its designee. Subsequent semi-annual registrations
of defaulted properties and fees in the amount of $500 are due within
10 days of the expiration of the previous registration. Said fees
shall be used to offset the costs of registration and registration
enforcement, code enforcement and mitigation related to defaulted
properties, post-closing counseling and foreclosure intervention limited
to owner-occupied persons in default, which may not include cash and
mortgage modification assistance, and for any related purposes as
may be adopted in the policy set forth in this chapter. Said fees
shall be deposited to a special account with the Village's Treasurer
dedicated to the cost of implementation and enforcement of this chapter,
and fulfilling the purpose and intent of this chapter. None of the
funds provided for in this section shall be utilized for the legal
defense of foreclosure actions.
F.
If the defaulted mortgage and/or servicing on a property is sold
or transferred, the new mortgagee is subject to all the terms of this
chapter. Within 10 days of the transfer, the new mortgagee shall register
the property or update the existing registration. The previous mortgagee(s)
will not be released from the responsibility of paying all previous
unpaid fees, fines, and penalties accrued during that mortgagee's
involvement with the defaulted property.
G.
If the mortgagee sells or transfers the defaulted property in a non-arm's-length
transaction to a related entity or person, the transferee is subject
to all the terms of this chapter. Within 10 days of the transfer,
the transferee shall register the property or update the existing
registration. Any and all previous unpaid fees, fines, and penalties,
regardless of who the mortgagee was at the time registration was required,
including but not limited to unregistered periods during the foreclosure
process, are the responsibility of the transferee and are due and
payable with the updated registration. The previous mortgagee will
not be released from the responsibility of paying all previous unpaid
fees, fines, and penalties accrued during that mortgagee's involvement
with the defaulted property.
H.
If the defaulted property is not registered, or the registration
fee is not paid within 30 days of when the registration or renewal
is required pursuant to this section, a late fee equivalent to 10%
of the semi-annual registration fee shall be charged for every thirty-day
period, or portion thereof, the property is not registered and shall
be due and payable with the registration.
I.
This section shall also apply to properties that have been the subject
of a foreclosure sale where title is transferred to the mortgagee
as well as any properties transferred to the mortgagee under a deed
in lieu of foreclosure or by any other legal means.
J.
Properties subject to this section shall remain subject to the semi-annual
registration requirement, and the inspection, security, and maintenance
standards of this section as long as the property remains defaulted.
K.
Failure of the mortgagee and/or property owner of record to properly
register or to modify the registration to reflect a change of circumstances
as required by this chapter is a violation of this chapter and shall
be subject to enforcement by any of the enforcement means available
to the Village.
L.
If any property is in violation of this chapter, the Village may
take any necessary action to ensure compliance and/or place a lien
on the property for the cost of the outstanding obligation and any
additional cost incurred to bring the property into compliance.
A.
Any owner of vacant property located within the Village shall, within
10 days after the property becomes vacant, or within 10 days after
assuming ownership of the property, whichever is later, register the
real property with the Village Registry.
B.
Initial registration pursuant to this section shall contain at a
minimum the name of the owner, the mailing address of the owner, e-mail
address, and telephone number of the owner, and if applicable, the
name and telephone number of the property manager and said person's
address, e-mail address, and telephone number.
C.
At the time of initial registration, each registrant shall pay a
nonrefundable semi-annual registration fee of $500 for each vacant
property. Subsequent semi-annual registrations of vacant properties
and fees in the amount of $500 are due within 10 days of the expiration
of the previous registration. Said fees shall be used to offset the
costs of registration and registration enforcement, code enforcement
and mitigation related to vacant properties, and for any related purposes
as may be adopted in the policy set forth in this chapter. Said fees
shall be deposited to a special account with the Village's Treasurer
dedicated to the cost of implementation and enforcement of this chapter,
and fulfilling the purpose and intent of this chapter. Any owner of
vacant property who is deployed upon sending the Village Clerk written
notification of their deployment are hereby exempt from paying the
semi-annual registration fee for their residence for the duration
of their deployment.
D.
If the property is sold or transferred, the new owner is subject
to all the terms of this chapter. Within 10 days of the transfer,
the new owner shall register the vacant property or update the existing
registration. The previous owner(s) will not be released from the
responsibility of paying all previous unpaid fees, fines, and penalties
accrued during that owner's involvement with the vacant property.
E.
If the vacant property is not registered, or either the registration
fee or the semi-annual registration fee is not paid within 30 days
of when the registration or semi-annual registration is required pursuant
to this section, a late fee shall be equivalent to 10% of the semi-annual
registration fee shall be charged for every thirty-day period, or
portion thereof, the property is not registered and shall be due and
payable with the registration. This section shall apply to the initial
registration and registrations required by subsequent owners of the
vacant property.
F.
Properties subject to this section shall remain subject to the semi-annual
registration requirement and the inspection, security, and maintenance
standards of this section as long as the property is vacant.
G.
Failure of the owner to properly register or to modify the registration
to reflect a change of circumstances as required by this chapter is
a violation of this chapter and shall be subject to enforcement by
any of the enforcement means available to the Village.
H.
If any property is in violation of this chapter, the Village may
take any necessary action to ensure compliance and place a lien on
the property for the cost of the outstanding obligation and any additional
cost incurred to bring the property into compliance.
I.
Properties registered as a result of this section are not required
to be registered again pursuant to the defaulted mortgage property
section.
A.
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspaper circulars, flyers, notices, except those
required by federal, state or local law, discarded personal items,
including, but not limited to, furniture, clothing, large and small
appliances, printed material, or any other items that give the appearance
that the property is abandoned.
B.
Registrable property shall be maintained free of graffiti or similar
markings by removal or painting over with an exterior grade paint
that matches the color of the exterior structure.
C.
Front, side, and rear yards, including landscaping, of registrable property shall be maintained in accordance with the Chapter 78 of the Village Code at the time registration is required.
D.
Registrable yard maintenance shall include, but not be limited to,
grass, ground covers, bushes, shrubs, hedges or similar plantings,
decorative rock or bark or artificial turf/sod. Acceptable maintenance
of yards and/or landscape shall not include weeds, gravel, broken
concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas of shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.
Failure of the mortgagee, owner, and transferees to properly maintain
the property as required by this chapter may result in a violation
of the applicable code(s) and issuance of a citation or notice of
violation in accordance with the applicable code of the Village. Pursuant
to a finding and determination by the Village Court, the Village may
take the necessary action to ensure compliance with this section.
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s) of the Village.
A.
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property or structure.
Broken windows, doors, gates, and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.
If a property is registrable, and the property has become vacant
or blighted, a property manager shall be designated by the mortgagee
and/or owner to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this chapter and any other applicable laws.
D.
In addition to the above, the property is required to be secured
in accordance with the applicable code(s) of the Village.
E.
When a property subject to this chapter becomes vacant, it shall
be posted by the property manager or his/her designee with the name
and twenty-four-hour contact telephone number of the property manager.
The property manager shall be available to be contacted by the Village
Monday through Friday between 8:30 a.m. and 4:15 p.m., legal holidays
excepted. The sign shall be placed in a window facing the street and
shall be visible from the street. The posting shall be no less than
18 inches by 24 inches and shall be of a font that is legible from
a distance of 45 feet. The posting shall contain the following language
with supporting information:
THIS PROPERTY IS MANAGED BY __________________________.
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AND IS INSPECTED ON A REGULAR BASIS.
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THE PROPERTY MANAGER CAN BE CONTACTED
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BY TELEPHONE AT _______________________________________.
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OR BY E-MAIL AT ________________________________________.
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F.
The posting required in Subsection E above shall be placed on the interior of a window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so that it is visible from the street or if no such area exists, on a stake of sufficient size to support the posting in a location that is at all times visible from the street to the front of the property but not readily accessible to vandals. Exterior postings shall be constructed of and printed with weather-resistant materials.
G.
Failure of the mortgagee and/or property owner of record to properly
inspect and secure a property subject to this chapter, and post and
maintain the signage noted in this section, is a violation and shall
be subject to enforcement by any of the enforcement means available
to the Village. The Village may take any necessary action to ensure
compliance with this section and recover costs and expenses in support
thereof.
The provisions of this chapter are cumulative with and in addition
to other available remedies. Nothing contained in this chapter shall
prohibit the Village from collecting on fees, fines, and penalties
in any lawful manner; or enforcing its codes by any other means, including,
but not limited to, injunction, abatement, or as otherwise provided
by law or ordinance.
All registrable property is at risk of being a public nuisance
and if vacant or blighted can constitute a public nuisance, the abatement
of which pursuant to the police power is hereby declared to be necessary
for the health, welfare, and safety of the residents of the Village.
A.
If the enforcement officer has reason to believe that a property
subject to the provisions of this chapter is posing a serious threat
to the public health, safety, and welfare, the code enforcement officer
may temporarily secure the property at the expense of the mortgagee
or owner, and may bring the violations before the code enforcement,
Board of Trustees or Village Court as soon as possible to address
the conditions of the property. Nothing herein shall limit the Village
from abating any nuisance or unsafe condition by any other legal means
available to it.
B.
The Village's Buildings Department, code enforcement, Board
of Trustees or Village Court shall have the authority to require the
mortgagee or owner affected by this section to implement additional
maintenance and/or security measures, including, but not limited to,
securing any and all doors, windows or other openings, employment
of an on-site security guard or other measures as may be reasonably
required to help prevent further decline of the property.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety, and welfare, then the
Village's Buildings Department, code enforcement, Board of Trustees
or Village Court may direct the Village to abate the violations and
charge the mortgagee or owner with the cost of the abatement.
D.
If the mortgagee or owner does not reimburse the Village for the
cost of temporarily securing the property, or of any abatement directed
by the Village's Buildings Department, code enforcement officer,
code enforcement, Board of Trustees or Village Court, within 30 days
of the Village sending the mortgagee or owner the invoice, then the
Village may place a lien on the property with such cost, along with
an administrative fee as determined by the Village to recover the
administrative personnel services. In addition to filing a lien, the
Village may pursue financial penalties against the mortgagee or owner.
E.
The Village may contract with an entity to implement this chapter,
and, if so, any reference to the enforcement officer herein shall
include the entity the Village contracted with for that purpose.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Village
to enforce the sections here within 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.
Unless otherwise provided for in this chapter, a violation of
this chapter is declared unlawful.
Registration fees and penalties outlined in this chapter may
be modified by resolution, or an amendment to this chapter, passed
and adopted by the Board of Trustees.
It is hereby declared to be the intention of the Village that
the sections, paragraphs, sentences, clauses, and phrases of this
chapter are severable, and if any phrase, clause, sentence, paragraph,
or section of this chapter shall be declared unconstitutional by the
valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, and sections of this chapter.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed, and replaced.
It is the intention of the Board of Trustees that the provisions
of this code shall become and be made a part of the Village Code;
and that the sections of this code may be renumbered or relettered
to accomplish such intention; and the word "ordinance" may be changed
to "section," "chapter," or such other appropriate word or phrase
in order to accomplish such intentions.
This chapter shall become effective immediately upon adoption.