It is the finding of the Common Council that buildings which
remain vacant, with access points boarded over, are unsightly and
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 facilitate the
rehabilitation of the vacant properties.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this
section:
ABANDONED PROPERTY
A building, structure, dwelling unit or lot that is vacant
for a period in excess of 10 consecutive days for any reason whatsoever,
including but not limited to notice of default on a mortgage or line
of credit, foreclosure or threat of foreclosure.
CODE ENFORCEMENT OFFICER
A person certified by the State of New York as a Code Enforcement
Officer, and a duly authorized representative of the City of Oswego.
CONSTRUCTION MATERIALS
New or used materials for the construction, renovation or
alteration of buildings or structures, including but not limited to
foundation and masonry materials, lumber, roofing materials, plumbing
and electrical materials, doors, windows, screens, tanks, fences,
rails and balustrades and similar materials.
DETERIORATED FENCE
A fence of any kind composed of any material or fabric anywhere
on a person's property that is not in a state of good repair
due to any one or a combination of the following conditions:
A.
The fabric thereof (wire, slats, posts, pickets, etc.) becoming
dislodged from the supporting structures or posts.
B.
The supporting structures or posts not being vertical, i.e.,
at right angles to the plane of the horizon or capable of supporting
the fence fabric.
C.
The fabric of the fence being in a rotted, decayed or unmaintained
condition, or overgrown with nonarboricultural growth.
DETERIORATED STRUCTURE
Any structure or building, including a dwelling, of which
any exterior component part, such as its exterior walls or fabric,
windows, chimneys, roofs, decks, terraces or parts thereof, is in
a state of structural dilapidation, ruin or decay to the extent that
such state of dilapidation, ruin or decay is visible to the naked
eye of an observer from any public way or street or any adjoining
property, notwithstanding that such a condition may not constitute
a dangerous building or an unsafe condition.
FORECLOSED PROPERTY
A building, structure, dwelling unit or lot that is vacant
for a period in excess of 10 consecutive days as a result of a foreclosure
proceeding, whether or not title has vested in the lender.
NUISANCE
A.
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
York, its governmental agencies or the regulations and laws of the
City of Oswego.
B.
Any physical condition existing in or on the exterior of any
premises which is potentially dangerous, detrimental or hazardous
to the life, health or safety of persons on, near or passing within
the proximity of premises where said condition exists.
OCCUPANT
Any person residing, living or sleeping in or on the premises
or having actual possession, use or occupancy of a dwelling on the
premises, or any person or entity in possession of or using any premises,
or part thereof, whether or not the occupant is the owner thereof
and regardless of the duration of time of such possession, use or
occupancy.
OPERATOR
Any person, persons or entity, not the owner, who has charge,
care or control of a dwelling or premises, or a part thereof, with
or without the knowledge, consent or authority of the owner.
OWNER
All persons or entities listed below shall be deemed owners
and have a joint and several obligations for compliance with provisions
of this chapter:
A.
Those shown to be the owner or owners on the records at the
City of Oswego Assessor's office.
B.
Those identified as the owner or owners on a vacant building
registration form.
C.
A mortgagee in possession.
D.
A mortgagor in possession.
E.
An assignee of rents, receiver, executor, trustee, lessee, other
person, firm or corporation in control of the premises.
PERSON
A natural person, corporation, partnership, limited liability
company, unincorporated association, or any other business organization.
PROPERTY MANAGER
Any person who is authorized by the owner to repair, maintain,
oversee, sell, or lease property or otherwise act on behalf of the
owner of property.
PROPERTY or PREMISES
A lot, plot or parcel of land, right-of-way or multiples
thereof, including the buildings or structures thereon and other permanent
attachments to the land.
REFUSE or RUBBISH
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, combustible or noncombustible, including
but not limited to garbage; trash; ashes; paper; paper goods and products;
wrappings; cans; bottles; containers; junk; glass; boxes; crockery;
wood; plastic; rubber; leather; furniture; household goods; appliances;
bedding; scrap lumber; scrap metal; construction material; inoperable
machinery, or parts thereof; garden or farming implements and supplies;
tires; abandoned, inoperative or unusable automobiles and vehicles;
and solid commercial or industrial waste.
STRUCTURE
A combination of materials that form a construction, such
as buildings, platforms, sheds, swimming pools, tennis courts of all
types and fences, whether above, below or at ground level.
UNOCCUPIED
A building which is not being used for any occupancy authorized
by the owner.
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
Any 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 a Code Enforcement
Officer.
D.
Unoccupied and has multiple housing or building code violations.
F.
Unoccupied for a period of time over 180 days, and during which
time the Code Enforcement Officer has issued an order to correct code
violations.
VACANT COMMERCIAL BUILDING OR STORE SPACE
The space within a building used by a business or commercial
establishment wherein the business has ceased or suspended operations
for a period not less than 10 or more consecutive days. Such commercial
building or store space shall be deemed vacant even if fixtures, furniture,
equipment or other property remains in the space. No accessory building
shall be considered vacant unless the principal building on the lot
occupied thereby is also vacant.
VACANT RESIDENTIAL BUILDING
A building containing one or more dwelling units in which
no occupant(s) have resided for a period of time in excess of 10 consecutive
days. Vacancy of some of the dwelling units within a two-family or
multiple-dwelling building shall not be considered to be a vacant
residential building. No accessory building shall be considered vacant
unless the principal building on the lot occupied thereby is also
vacant.
ZOMBIE FORECLOSURE
A foreclosure action that has been filed by a lender but
remains incomplete for a period of greater than one year from filing;
or a foreclosure action which has been filed by a lender and subsequently
withdrawn or abandoned after notice of default or threat of foreclosure.
ZOMBIE OWNER
A person, group of persons or entity who initiates a foreclosure
action and later withdraws said foreclosure proceeding prior to taking
title to the property, or which action results in the vacancy of property
under the provisions of this chapter. "Zombie" owners shall be responsible
for the maintenance of vacant property pursuant to the provisions
of this chapter.
ZOMBIE PROPERTY
Any property located within the City of Oswego which is the
owned by a "zombie" owner or the subject of a "zombie" foreclosure.
A building which has suffered fire damage or damage caused by
extreme weather events shall be exempt from the registration requirement
for a period of 180 days (or that time required to settle an active
insurance claim) 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 Division. This request shall include the following
information supplied by the owner:
A. A description of the premises.
B. The names and address 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 owner of a vacant building shall pay an annual fee as set
forth in Subsection A, as amended from time to time by resolution
of the Common Council, for the time that the building remains a vacant
building.
A. The first-year annual fee shall be $250 and shall be paid no later than 30 days after the building becomes vacant. If the fee is not paid within 30 days of becoming due, the owner shall be subject to a fine as prescribed in Chapter
249 of the Code of the City of Oswego. If a plan is extended
beyond 365 days, subsequent annual fees shall be paid as follows:
(1) For the second year that the building remains vacant: $1,000.
(2) For the third year that the building remains vacant: $2,000.
(3) For the fourth year that the building remains vacant $3,000.
(4) For the fifth year that the building remains vacant: $4,000.
B. The fee shall be paid in full prior to the issuance of any building
permits, with the exception of a demolition permit. The fee shall
be prorated, and a refund may be issued if the building is no longer
deemed vacant under the provisions of this chapter within 180 days
of its registry.
C. All delinquent fees shall be paid by the owner prior to any transfer
of an ownership interest in any vacant building. If the fees are not
paid prior to any transfer, the new owner shall pay the annual fee
no later than 30 days after the transfer of ownership, and subsequent
annual fees shall be due on the new anniversary date.
The enforcement officer shall include in the file any property-specific
written statements from community organizations, other interested
parties or citizens regarding the history, problems, status or blighting
influence of a vacant building.
The Code Enforcement Division 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 a Code 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 a Code Enforcement Officer or his or her designee
in order to enable such inspection, and a Code Enforcement Officer
shall be required to obtain a search warrant whenever an owner refuses
to permit a warrantless inspection of the premises.
The Code Enforcement Division shall submit an annual report
to the Mayor and Common Council, listing all buildings in the City
declared vacant under the provisions of the 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.
Any person violating any provision of the vacant building registry or providing false information to a Code Enforcement Officer shall be punished as provided by Chapter
249 of the Code of the City of Oswego.
It is the finding of the Common Council that the rehabilitation
of the vacant properties that are the subject of this chapter is critical
to revitalizing neighborhoods where vacant buildings have been left
unattended. The State of New York has also made the eradication of
so-called "zombie" properties a priority and has authorized municipalities
to implement local laws, rules and regulations to address this growing
problem. With the assistance of the New York State Attorney General's
Office, funds are available to assist the City of Oswego with the
rehabilitation of such properties in the manner determined within
this chapter.
The following property maintenance regulations shall be applicable
to all property within the City of Oswego:
A. Exterior maintenance standards.
(1) The exterior of all premises shall be kept free of the following
matter, materials or conditions:
(d)
Abandoned, uncovered or structurally unsound wells, shafts,
towers, chimneys, exterior cellar openings, basement hatchways, foundations
or excavations.
(e)
Abandoned iceboxes, refrigerators, boilers, hot water heaters,
television sets and other similar appliances; nuisances, as defined
herein, including but not limited to insect, vermin and rodent harborage
and infestation.
(f)
Vehicles or parts thereof, including boats and trailers, motorized
or not, licensed or unlicensed, registered or unregistered, which
vehicles or parts thereof are or have been junked, abandoned, dismantled
or are in a state of visible disrepair.
(g)
Dead, damaged or fallen trees, limbs or branches within 25 feet
of a public roadway or neighboring property line.
(j)
Detrimental growth prohibited. Noxious weeds, long grass, tree
limbs or other rank growths or growths which are harmful, poisonous
or detrimental to health, or any growth of any kind that obstructs
visibility along a road, street or sidewalk.
(2) Surface and subsurface water shall be appropriately drained to prevent
the development of stagnant ponds.
(3) Steps, walks, driveways, parking spaces and similar paved areas shall
be maintained so as to afford safe passage under normal use and weather
conditions. Any holes or other hazards that may exist shall be filled
and necessary repairs or replacement accomplished. All off-street
parking facilities shall be swept as often as necessary in the determination
of the enforcement officer. Yards, courts and vacant lots shall be
kept clean and free of physical hazards, rodent harborage and infestation
and shall be maintained in a manner that will prevent rubbish from
being blown about them.
(4) All signs exposed to public view shall be maintained in good repair.
Excessively weathered or faded signs shall be removed or put into
good repair. Any nonoperative or broken electrical or other sign shall
be repaired or removed.
(5) All unused tires shall be removed from all yards and lots and shall
be properly disposed.
B. Buildings and structures.
(1) All exterior exposed surfaces not inherently resistant to deterioration
shall be repaired, coated, treated or sealed to protect them from
deterioration.
(2) Floors, walls, ceilings, stairs, furnishings and fixtures of buildings
shall be maintained in a clean, safe and sanitary condition. Every
floor, exterior wall, roof and porch, or appurtenance thereto, shall
be maintained in a manner so as to prevent injury to the occupants
of the building or to the public.
(3) The foundation walls of every building shall be maintained in good
repair and be structurally sound.
(4) Exterior walls (including doors and windows), roofs and the areas
around doors, windows, chimneys and other parts of a building shall
be so maintained as to keep water from entering the building and to
prevent undue heat loss from occupied areas. Materials which have
been damaged or show evidence of dry rot or other deterioration shall
be repaired or replaced and refinished in a workmanlike manner. Exterior
walls, roofs and other parts of the building shall be free from loose
and unsecured objects and material. Such objects or materials shall
be removed, repaired or replaced.
(5) Buildings and structures shall be maintained free of insect, vermin
and rodent harborage and infestation.
C. Vacant buildings and structures.
(1) Any building or structure, including, but not limited to, residential
dwellings, commercial buildings and stores, which is vacant for no
less than 10 consecutive days or is deemed by the enforcement officer
to be dangerous or likely to attract trespassers, squatters, rodents
or other infestation, shall be boarded up, at least to the second
floor level, and the responsible person shall conform such structure
and all of its adjoining yards, courts or open spaces to this chapter.
(2) Whenever a building is vacant for a period of no less than 10 consecutive
days, the property owner, lessee, occupant and other responsible person
shall cover the ground floor windows so as to block public view of
the interior of the premises. The covering shall be flame retardant
or meet with the enforcement officer's approval regarding fire
safety. The covering shall consist of any one of the following: an
opaque, nonpermanent substance sprayed onto the inside of the ground
floor windows, plain, earth-tone, Venetian or similar blinds, drapes,
curtains or shades.
(3) All windows and glazed doors shall be periodically washed and maintained
in a clean and sanitary condition.
(4) All cracked or broken windows and glazed doors shall be repaired
or replaced as necessary.
(5) All debris shall be removed from a vacant building. Such premises
shall be maintained broom clean at all times.
(6) All storefronts shall be kept in good repair, painted where required
and shall not be permitted to become a safety hazard or nuisance.
In the event that repairs to a storefront become necessary, such repairs
shall be made so as to repair permanently the damaged area or areas.
Any cornice visible above a storefront shall be kept painted and otherwise
in good condition and in good repair.
(7) If windows are removed, they shall be replaced with a permanent building
material which is in harmony with the rest of the building. Plywood
may be used only in an emergency and for a period not to exceed 60
days.
(8) The owner of a vacant building shall take such steps and perform
such acts as may be required from time to time to ensure that the
building and any adjoining yard remain safe and secure and do not
present a hazard to the adjoining property or to the public. Owners
shall be responsible for maintaining the building and any accessory
structures such that they do not become an unoccupied hazard. The
building and each floor area shall maintain at least one means of
access which complies with the New York State Fire Prevention and
Building Code.
(9) The interior of a vacant building and each vacant floor area thereof
shall be lighted by no less than a twenty-five-watt light fixture.
(10)
The enforcement officer shall be authorized to conduct an inspection
every three months of a vacant building and vacant store, and at other
times as determined by the Code Enforcement Division.
D. Vacant buildings or structures and their adjoining yards. Vacant
buildings or structures and their adjoining yards shall be maintained
in compliance with all provisions of this chapter.
Where property becomes vacant at any time after filing a notice
of default or foreclosure, or during the pendency of a foreclosure
proceeding, the foreclosing lender shall be responsible for the maintenance
of the property and for the remedy of any and all code violations
to the same extent as if title had passed to the lender. This provision
shall be applicable to all "zombie" property located within the City
of Oswego.
The enforcement officer shall initiate inspections and investigations
and shall receive information and complaints concerning compliance
with this chapter. Upon request of the Common Council, the enforcement
officer shall submit a written report to the Common Council containing
not less than the: address of and date of each investigation or inspection
initiated by him; address of each alleged violation concerning which
information or complaints have been received by him; date of such
receipt; nature of each violation found or complained of, if any;
date of correction notice issued; date(s) of each reinspection; date
of filing of a request for arrest warrant with the prosecutor having
jurisdiction; disposition of each case closed; and status report of
each case. Such report shall include cumulative annual totals of inspections
and investigations initiated, information or complaints received,
violations noticed for correction with breakdown of such violations
by appropriate category, corrections confirmed upon reinspection,
warrant requests filed and convictions obtained.
In the event that any part of this chapter, or of any ordinance
or regulation which may govern or otherwise affect it, for any reason
be modified or invalidated, the other portions of said chapter not
affected thereby shall remain in full force and effect.
This chapter shall take effect immediately upon filing with
the Secretary of State.