[HISTORY: Adopted by the Common Council of
the City of Oneonta as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-3-2019 by Ord. No. 4-2019]
The purpose of this article is to establish a program for identifying
and registering vacant residential buildings to determine the responsibilities
of owners of vacant buildings and structures and to speed the rehabilitation
of vacant properties.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have the meanings indicated in this
section:
A duly authorized representative of the Code Enforcement
Office.
Those shown to be the owner on the records of the City of
Oneonta Assessor's Office, those identified as the owner or owners
on a vacant building registration form, a mortgagee in possession,
a mortgagor in possession, assignee of rents, receiver, executor,
trustee, lessee, land contract vendee, other person, firm or corporation
in control of the premises. Any such person shall have a joint and
several obligations for compliance with the provisions of this chapter.
A building secured by means other than those used in the
design of the building.
A building which is not being used for any occupancy authorized
by the City of Oneonta Code Enforcement Office.
A building, or portion of a building, which is open to entry
by unauthorized persons without the use of tools or ladders.
A building, or portion of a building, in which no occupant
lawfully resides or no tenant is in lawful possession, or any building
otherwise not being used for any lawful occupancy.
A.
The owner shall register with the Code Enforcement Office not later
than 30 days after any building located in the City of Oneonta becomes
a vacant building, as defined by this article, or not later than 30
days after being notified by the Code Enforcement Office of the requirement
to register the building. The Code Office may identify vacant buildings
through its routine inspection process as well as through notification
by residents and business owners that a building may be required to
be registered as a vacant building with the Code Enforcement Office.
B.
The registration shall be submitted on forms provided by the Code
Enforcement Office and shall include the following information provided
by the owner:
(1)
A description of the premises.
(2)
The names and addresses of the owner or owners.
(3)
If the owner does not reside in the City of Oneonta or within the
postal zip code areas designated by the Code Enforcement Office, the
name and address of the agent designated to act on behalf of the owner
as required by the City Code.
(4)
The names and addresses of all known lien holders and all other parties
with an ownership interest in the building.
(5)
A telephone number where a responsible party can be reached at all
times during business and nonbusiness hours.
C.
The owners shall submit a vacant building plan, which must meet the
approval of the Code Enforcement Office. The plan, at a minimum, must
contain information from one of the following three choices for the
property:
(1)
If the building is to be demolished, a demolition plan indicating
the proposed time frame for demolition.
(2)
If the building is to remain vacant, a plan for the securing of the
building, along with the procedure that will be used to maintain the
property and a statement of the reasons why the building will be left
vacant.
(3)
If the building is to be returned to appropriate occupancy or use,
a rehabilitation plan for the property; the rehabilitation plan shall
not exceed 365 days, unless the Enforcement Officer 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 comply with any applicable zoning, housing, building,
and historic district regulations. The building must be secured during
the rehabilitation.
D.
Incomplete registration. Failure to provide a vacant building plan
will result in an incomplete registration.
E.
The owner shall comply with all applicable laws and codes. The owner
shall notify the Enforcement Officer of any changes in information
supplied as a part of the vacant building registration within 30 days
of the change. If the plan or timetable for the vacant building is
revised in any way, the revisions must be in writing and must meet
the approval of the Enforcement Officer.
F.
The owner and subsequent owners shall keep the buildings secured
and safe and the building and grounds properly maintained as provided
in the Property Maintenance Code of New York State. All exterior boarding
material used to cover over openings, including doors and windows,
shall follow the procedures described in Appendix A, "Boarding Standard,"
found in the Property Maintenance Code of New York State.
G.
Failure of the owner or any subsequent owners to maintain the building
and premises that results in remedial action taken by the City shall
be grounds for revocation of the approved plan and shall be subject
to any applicable penalties by the law.
H.
New owners shall register or reregister the vacant building with
the Code Enforcement Office within 30 days of any transfer of an ownership
interest in a vacant building. The new owners shall comply with the
approved plan and timetable submitted by the previous owner until
any proposed changes are submitted and approved by the Code Enforcement
Office.
A.
A one- to three-unit residential vacant building which is unoccupied
for less than 90 days is exempt from registration.
B.
Where a vacant building is being actively marketed for sale it is
exempt from registration.
C.
The Code Enforcement Officer may grant the owner of a single-family residence an exemption from registration on an annual basis if the owner can provide proof that the following conditions do not exist at the property and there is a local agent as described by § 86-18:
(1)
Unoccupied and unsecured.
(2)
Unoccupied and secured by other than normal means.
(3)
Unoccupied and is unsafe as determined by the Code Enforcement Office.
(4)
Unoccupied and for which the Code Officer has issued an order to
correct two or more code violations or has authorized the remediation
of two or more violations in a twelve-month period.
D.
A property that is undergoing active renovation under a valid building
permit with an approved rehabilitation plan is not required to register
as a vacant property.
A.
An owner at the time of registration, or reregistration, of such
building shall schedule an interior inspection of the property in
its entirety with the Code Enforcement Office. This inspection must
be conducted within seven days of said registration. The interior
inspection will be conducted annually until the building is no longer
vacant.
B.
An owner shall have all utilities turned off (electric, natural gas
and water) and provide the Code Enforcement Office documentation and
proof of such. The utilities shall remain off until such time that
the building is going to be made ready to be reoccupied and all required
permits or certificates have been obtained.
C.
An owner shall winterize said building by having all necessary water,
drain and heating lines emptied of all sitting water and provide to
the Code Enforcement Office documentation that all piping, appliances
and fixtures are protected from freezing.
A.
Fees.
(1)
The owner of a vacant building for the first year shall pay a fee
of $500. The fee shall increase in the second year of registration
(as determined by this article) to $1,000, the third year to $1,500
and for the fourth and all subsequent years, $2,000. The fee herein
is related to the administrative costs for registering and processing
the vacant building owner registration forms and for the costs of
the City in monitoring the vacant building site.
(2)
The first annual fee shall be paid no later than 60 days after the
building owner has been notified by the Code Enforcement Officer that
the building is subject to the requirements of this article.
(3)
The fee, and any administrative fees accrued by the property owner,
may be relevied as against the real property, and must be paid in
full prior to the issuance of any building and demolition permits
related to the premises.
(4)
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 60 days after the transfer of ownership, and subsequent
annual fees shall be due as set forth herein.
B.
The Code Enforcement Office 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.
A.
Failure to register. After 30 days from the date of notice if a property
fails to submit a vacant property to the vacant property registry
the registry fee shall be imposed and shall be added to the tax bill.
B.
Failure to disconnect utilities, winterize and perform required interior
inspection. Failure to perform the inspections herein and provide
documentation of utility disconnects and winterization shall be subject
to an administrative fee. This fee shall be determined by resolution
of the Common Council.
The Code Office shall inspect any premises in the City for the
purpose of enforcing and assuring compliance with the provisions of
this article. Upon the request of the Code Enforcement Office, 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 the Enforcement Officer or his or her designee in order to enable
such inspection, and the Enforcement Officer shall be required to
obtain a search warrant whenever an owner refuses to permit a warrantless
inspection of the premises after having been advised of his or her
constitutional right to refuse entry without same.
Any violation of any provision of the vacant building registry
shall be punishable as a violation under this Code or under any other
appropriate state law, statute, or regulation.
Any property owner who wishes to dispute the determination of the Code Enforcement Office that a property is required to be registered as a vacant property under the terms of this article or is aggrieved by the actions taken by the Code Enforcement Office under the terms of Chapter 93 may have his or her appeal heard by the City of Oneonta Board of Public Service.
If any section of this article shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
chapter.
