[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:
OWNER
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.
UNOCCUPIED
A building which is not being used for any occupancy authorized
by the City of Oneonta Code Enforcement Office.
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
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.
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.