[HISTORY: Adopted by the City Council of the City of Saratoga
Springs 11-19-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 222,
Vacant Buildings, adopted 2-5-2013, as amended.
The Saratoga Springs City Council finds that buildings that
are left to remain vacant are likely to become both unsightly and
unsafe. They quickly cause a negative effect on their surrounding
neighborhoods as well as on the entire City. This is especially true
for buildings identified as an historic building or located within
historic districts, as those buildings serve as the foundation of
the City's cultural heritage. This chapter establishes a method
for identifying and registering vacant buildings and imposes reasonable
responsibilities for property owners.
The following terms are hereby defined:
That public official defined in § 8-3 of the City Code.
A building or structure located within an historic district,
identified as a City landmark, or listed on the New York State or
National Register of Historic Places or which are eligible for such
listing as determined by the State Historic Preservation Office.
Those districts identified in § 7.4.18 of the City
Zoning Ordinance.
Any person or legal entity identified as the property's
owner of record in the records of the City Assessor's Office,
or a mortgagee or mortgagor in possession of the property, or an assignee
of rents, a receiver, an executor, a trustee, a lessee, or any other
person or legal entity in control of the premises. Any such person
shall be jointly and severally obliged to comply with the provisions
of this chapter.
Secured by means other than those used in the design of the
building.
A building or portion thereof which lacks the habitual presence
of human beings who have a legal right to be on the premises, including
buildings ordered vacated by the Code Administrator and his or her
designees. In determining whether a building is unoccupied, the Code
Administrator and his or her designees may consider, but are not limited
to, these factors:
Whether a lawful residential or business activity has ceased.
The percentage of the overall square footage of the occupied
space to the unoccupied space, or the number of occupied units to
unoccupied units.
Whether the building is substantially devoid of contents or
whether the value of fixtures or personal property in the building
is minimal.
Whether the building lacks utility services.
Whether the building is subject to a foreclosure action.
The duration of the vacancy.
The presence or recurrence of code violations.
A building or portion thereof which is open to entry by unauthorized
persons without the use of tools or ladders.
A building or portion of a building which is:
Unoccupied and unsecured;
Unoccupied and secured by other than normal means;
Unoccupied and an unsafe building as determined by the Code
Administrator or his or her designees;
Unoccupied and has multiple housing or building code violations;
or
Occupied in violation of one or more of the provisions of this
section.
A.Â
The owner of every vacant building shall register that building with
the Office of Code Administration not later than 30 days after the
building becomes vacant, or in any case not later than 30 days after
receiving notification from the Office of Code Administration that
the building must be registered. The Office of Code Administration
shall have authority to identify vacant buildings through routine
inspections as well as by any other reliable source of information
that a building may be eligible for inclusion on the registry.
B.Â
Registration shall be submitted on forms provided by the Office of
Code Administration and shall include the following information:
(1)Â
A description of the premises, including address, block and lot number,
and age of the building(s) located thereon;
(2)Â
The name, telephone number, address and email address of the owner;
(3)Â
If the owner does not reside in Saratoga County or in any adjoining
county, the name and address of any third party who the owner has
contracted with for management of the premises;
(4)Â
If the owner is a corporate entity, including but not limited to
a corporation, limited-liability corporation, professional limited-liability
corporation, or limited-liability partnership, the name, telephone
number, address and email address of an agent responsible for the
management or maintenance of the property, at least one active officer,
partner and/or member of such entity, the registered address for the
entity, and the state in which the entity is registered;
(5)Â
The names and addresses of all known lien holders and all other persons
with an ownership interest in the premises;
(6)Â
A telephone number where a responsible party can be reached at all
times during business and nonbusiness hours.
C.Â
The owner of every vacant building shall submit a vacant building
plan which must meet the approval of the Code Administrator. The plan,
at a minimum, must include the following:
(1)Â
For all vacant buildings:
(a)Â
If the building is to be returned to appropriate occupancy or
use, a rehabilitation plan must be submitted for the property. The
execution of the rehabilitation plan shall not exceed 364 days unless
the Code Administrator grants an extension upon receipt of a written
request from the owner detailing the reasons for any such extension.
Any repairs, improvements or alterations to the property must comply
with applicable building, zoning and City Code requirements and must
be secured in a manner approved by the Code Administrator.
(b)Â
If the building is to remain vacant, a statement detailing the
reasons why the building will be left vacant and for what time period
the building will remain vacant, a plan for the securing of the building
and the procedure that will be used to maintain the property in accordance
with applicable City and state building, zoning and code requirements,
including, but not limited to, the Uniform Property Maintenance Code.
(c)Â
If the building is to be demolished, a demolition plan indicating
the proposed time frame for demolition.
(2)Â
For all vacant buildings identified as an historic building or located
in an historic district:
(a)Â
If the building is to be returned to appropriate occupancy or use, a rehabilitation plan as required in Subsection C(1)(a) above with such plan to further detail and itemize all architectural and historical features, and all building materials, including roof, facade, windows and exterior doors. Any rehabilitation plan which includes the installation, removal or change of materials or exterior building elements, which calls for the addition or removal of architectural features or which requires a building permit is subject to historic review by the Design Review Commission and must comply with § 7.4.7 of the Saratoga Springs Zoning Ordinance, as applicable.
(b)Â
If the building is to remain vacant, a statement detailing the reasons why the building will be left vacant and for what time period the building will remain vacant, a plan for the securing of the building and the procedure that will be used to maintain the property as required in Subsection C(1)(b) above with such plan and procedure to further detail how the securing and maintenance will preserve and protect the existing architectural and historic features. The installation, removal or change of materials or exterior building elements associated with the securing and/or maintenance of the building is subject to historic review by the Design Review Commission and must comply with § 7.4.7 of the Saratoga Springs Zoning Ordinance, as applicable.
(c)Â
If the building is to be demolished, a demolition plan as required in Subsection C(1)(c) above with such plan to further detail compliance with § 7.4.11 of the Saratoga Springs Zoning Ordinance, and either written approval from the Design Review Commission or an order or judgment from a court of competent jurisdiction requiring the demolition of the building.
D.Â
The owner shall immediately notify the Office of Code Administration
of any changes in the facts provided on the registration form. If
the premises change ownership, the new owner shall file a new registration
form within 30 days of the transfer.
E.Â
A registration shall be renewed annually for so long as the building
remains a vacant building. Each renewal shall indicate any changes
in the information provided since the previous filing. Each renewal
shall also include proof that a fire inspection has been conducted
on the premises within 60 days prior to the filing of the renewal.
F.Â
The Office of Code Administration shall review the registration form
and accompanying plan for compliance with local ordinances and state
codes.
The Office of Code Administration shall develop, in consultation
with the Fire Department, a schedule for the periodic inspection of
each registered premises. A copy of the schedule shall be given to
the owner.
G.Â
Filing of a registration form under this chapter shall not relieve
the owner from the obligation to comply with any and all applicable
laws.
H.Â
No building shall be removed from the vacant building registry until
such time as it is occupied on an ongoing basis consistent with the
customary and usual usage for such property.
A.Â
Fees for registration and inspections under this chapter shall be
established from time to time by resolution of the City Council.
B.Â
The owner of every registered vacant building shall acquire or otherwise
maintain liability insurance in an amount of not less than $300,000
for buildings designated primarily for residential use and not less
than $1,000,000 for any other building, including, but not limited
to, buildings designated for manufacturing, industrial storage or
commercial uses, covering any damage to any person or any property
caused by any physical condition of or in the building. Such insurance
policy shall provide for written notice to Office of Code Administration,
within 30 days, of any lapse, cancellation or change in coverage.
Proof of the required insurance shall be submitted with the vacant
building registration, annual renewals, and upon request by the Code
Administrator.
C.Â
The owner of every registered vacant building shall provide a cash
escrow, if any, in an amount to be determined by the Code Administrator,
but not to exceed $5,000. The escrow may be used to reimburse the
City for expenses which may be incurred to secure and maintain the
property upon the owner's failure to do so in accordance with
the approved vacant building plan.
A.Â
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 180 days after the fire or extreme weather event if
the property owner submits a written request for exemption with the
Office of Code Administration. The written request shall include the
following information supplied by the owner:
(1)Â
The description of the premises, including address, block and lot
number;
(2)Â
The description of the damage sustained to the building and the cause
of such damage;
(3)Â
A statement of intent to repair and reoccupy the building in an expedient
manner or the intent to demolish the building;
(4)Â
If the building is to be demolished, a demolition plan indicating
the proposed time frame for the demolition and, if the building is
identified as an historic building or located within an historic district,
compliance with § 7.4.11 of the Saratoga Springs Zoning
Ordinance, and either written approval from the Design Review Commission
or an order or judgment from a court of competent jurisdiction requiring
the demolition of the building.
B.Â
Any property upon which a building permit has been received and is
actively developed shall be exempt from the registration requirement
for a period of 180 days from the date of the written request for
an exemption submitted to the Office of Code Administration. The exemption
may be extended upon written request submitted to the Office of Code
Administration for a period not to exceed an additional 180 days.
A.Â
The Office of Code Administration shall have authority to inspect
any premises in the City for the purpose of determining whether there
exists thereon a vacant building as defined in this chapter. Such
inspection may be conducted by consent of the owner or upon the issuance
of an appropriate court order.
B.Â
The Office of Code Administration shall submit an annual report,
no later than December 15 of each year, to the City Council, identifying
all buildings declared vacant under the provisions of this chapter,
the date upon which all such buildings were declared vacant, whether
the building has been duly registered and whether the owner has filed
a vacant building plan as required herein.
A.Â
The Fire Department shall establish a written operations procedure
for vacant buildings for the purpose of reducing the risks to firefighting
personnel and to the public during fire suppression operations. Such
procedure may include a system of markings to be placed by the Fire
Department on the exterior of the building to indicate specific safety
concerns therein. A copy of the operations procedure shall be given
to the owner of each registered vacant building, and said owner shall
sign a statement indicating that he or she has received a copy of
the procedure.
B.Â
The Office of Code Administration shall maintain a record of all
vacant buildings registered or otherwise found to be vacant buildings
as defined in this chapter.
Any person or legal entity who shall violate any of the provisions
of this chapter shall, upon conviction, be guilty of a misdemeanor
as defined by § 10.00, Subdivision (4), of the Penal Law,
and shall be subject to a fine of not less than $1,000 and/or a term
of imprisonment of not less than 15 days, but not to exceed one year.
Each day on which a continuing violation exists is considered to be
and may be charged separately as an individual offense.
Nothing in this chapter shall be construed so as to supersede or limit the lawful authority of the Police Department, the Fire Department, any Code Enforcement Officer (as that term is defined in City Code § 118-3), or any other City official or employee, from taking immediate action to make safe any building or structure, or part thereof, that endangers the health, safety and welfare of any person or of the public.