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:
HISTORIC BUILDING
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.
OWNER
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.
UNOCCUPIED 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:
A.
Whether a lawful residential or business activity has ceased.
B.
The percentage of the overall square footage of the occupied
space to the unoccupied space, or the number of occupied units to
unoccupied units.
C.
Whether the building is substantially devoid of contents or
whether the value of fixtures or personal property in the building
is minimal.
D.
Whether the building lacks utility services.
E.
Whether the building is subject to a foreclosure action.
F.
The duration of the vacancy.
G.
The presence or recurrence of code violations.
UNSECURED BUILDING
A building or portion thereof which is open to entry by unauthorized
persons without the use of tools or ladders.
VACANT BUILDING
A 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 the Code
Administrator or his or her designees;
D.
Unoccupied and has multiple housing or building code violations;
or
E.
Occupied in violation of one or more of the provisions of this
section.
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.