[HISTORY: Adopted by the Town of Kent as indicated in article
histories. Amendments noted where applicable.]
[Adopted 5-12-2020 by L.L. No. 2-2020[1]]
[1]
Editor's Note: This article, adopted as Ch. 68, was renumbered
for organizational purposes.
It is the purpose and intent of the Town Board to establish
a process to address the deterioration, crime, and decline in value
of Town neighborhoods caused by property with foreclosing or foreclosed
mortgages located within the Town and otherwise abandoned properties,
and to identify, regulate, limit and reduce the number of these properties
located within the Town. It has been determined that owner-occupied
structures are generally better maintained when compared to vacant
structures, even with a diligent off-site property owner. Vacant structures
or structures owned by individuals who are economically strained and
unable to meet their mortgage obligations are often not properly or
diligently maintained, which contribute to blight, declined property
values, and have a negative impact on social perception of the residential
areas where they are located. It is the Town Board's further intent
to establish a registration program as a mechanism to help protect
neighborhoods from becoming blighted through the lack of adequate
maintenance of properties that are in foreclosure or foreclosed, or
otherwise abandoned properties; and to provide a mechanism to avert
foreclosure actions through timely intervention, education, or counseling
of property owners.
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
A person certified by the State of New York as a Code Enforcement
Officer, and a duly authorized representative of the Town of Kent.
Shall mean that the mortgagor has not complied with the terms
of the mortgage on the property, or the promissory note, or other
evidence of the debt, referred to in the mortgage.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector, building inspector, or other
person authorized by the Town to enforce the applicable code(s).
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but are not limited to: overgrown
and/or dead vegetation; past due utility notices and/or disconnected
utilities; accumulation of trash junk or debris; abandoned vehicles,
auto parts and/or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail; statements by neighbors, passersby,
delivery agents or government agents; and/or the presence of boards
over doors, windows or other openings in violation of applicable code.
The legal process by which a mortgagee, or other lien holder,
terminates or attempts to terminate a property owner's equitable right
of redemption to obtain legal and equitable title to the real property
pledged as security for a debt or the real property subject to the
lien. The legal process is not concluded until the property obtained
by the mortgagee, lien holder, or their designee, by certificate of
title, or any other means, is sold to a nonrelated bona fide purchaser
in an arm's length transaction to satisfy the debt or lien.
The creditor, including but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the mortgage
agreement; or any other person or entity with the legal right to foreclose
on the real property, excluding governmental entities.
Every person, entity, or mortgagee, who alone or severally
with others, has legal or equitable title to any real property as
defined by this article; has legal care, charge, or control of any
such property; is in possession or control of any such property; is
shown to be the owner or owners on the record of the Town of Kent
Assessor's office; and/or is vested with possession or control of
any such property. The property manager shall not be considered the
owner.
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this article.
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof,
identified by a property parcel identification number, located in
the Town limits.
Any real property located in the Town, whether vacant or occupied,
that is encumbered by a mortgage subject to an ongoing foreclosure
action by the mortgagee or trustee, has been the subject of a foreclosure
action by a mortgagee or trustee and a judgement has been entered,
or has been the subject of a foreclosure sale where the title was
transferred to the beneficiary of a mortgage involved in the foreclosure
and any properties transferred under a deed in lieu of foreclosure/sale.
The designation of a "foreclosure" property as "registrable" shall
remain in place until such time as the property is sold to a nonrelated
bona fide purchaser in an arm's length transaction or the foreclosure
action has been dismissed; or
Any property that is vacant for more than 30 days or has been
subject to any cancellation of utility or service, whichever occurs
first.
A web-based electronic database of searchable real property
records, used by the Town to allow mortgagees and owners the opportunity
to register properties and pay applicable fees as required in this
article.
Shall mean six months from the date of the first action that
requires registration, as determined by the Town, or its designee,
and every subsequent six months. The date of the initial registration
may be different than the date of the first action that required registration.
Any utility and/or service that is essential for a building
to be habitable and/or perform a service necessary to comply with
all Town codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
Any parcel of land in the Town that contains any building
or structure that is not lawfully occupied.
This article applies to foreclosing, foreclosed, and vacant
property within the Town of Kent.
In accordance with the provisions of § 55B-6, the Town, or its designee, shall establish a registry cataloging each registrable property within the Town, containing the information required by this article.
A.
Any mortgagee
who holds a mortgage on real property located within the Town shall
perform an inspection of the property upon default by the mortgagor
as evidenced by the filing of a foreclosure action.
B.
Property inspected pursuant to Subsection A above that remains in foreclosure shall be inspected every 30 days by the mortgagee or mortgagee's designee. If an inspection shows a change in the property's occupancy status the mortgagee shall, within 10 days of that inspection, update the occupancy status of the property registration.
C.
Within
10 days of the date any mortgagee files a foreclosure action, the
mortgagee shall register the real property with the Town registry,
and, at the time of registration, indicate whether the property is
vacant, and if so shall designate in writing a property manager to
inspect, maintain, and secure the real property subject to the mortgage
under a foreclosure action. A separate registration is required for
each property under a foreclosure action, regardless of whether it
is occupied or vacant.
D.
Initial
registration pursuant to this section shall contain, at a minimum,
the name of the mortgagee, the mailing address of the mortgagee, email
address, telephone number and address of the property manager.
E.
At the
time of initial registration, each registrant shall pay a nonrefundable
semiannual registration fee in the amount set by resolution the Town
Board, as amended from time to time, for each property. Subsequent
nonrefundable semiannual renewal registrations of properties and fees
in the amount set by resolution the Town Board, as amended from time
to time, are due within 10 days of the expiration of the previous
registration. Said fees shall be used to offset the costs of: 1) registration
and registration enforcement; 2) code enforcement and mitigation related
to defaulted properties; 3) for any related purposes as may be adopted
in the policy set forth in this article. Said fees shall be deposited
to a special account in the Town's Building Department dedicated to
the cost of implementation and enforcement of this article and fulfilling
the purpose and intent of this article. None of the funds provided
for in this section shall be utilized for the legal defense of foreclosure
actions.
F.
If the
mortgage and/or servicing on a registrable property is sold or transferred,
the new mortgagee is subject to all the terms of this article. Within
10 days of the transfer, the new mortgagee shall register the property
or update the existing registration. The previous mortgagee(s) will
not be released from the responsibility of paying all previous unpaid
fees, fines, and penalties accrued during that mortgagee's involvement
with the registrable property.
G.
If the
mortgagee sells or transfers the registrable property in a non-arm's
length transaction to a related entity or person, the transferee is
subject to all the terms of this article. Within 10 days of the transfer,
the transferee shall register the property or update the existing
registration. Any and all previous unpaid fees, fines, and penalties,
regardless of who the mortgagee was at the time registration was required,
including, but not limited to, unregistered periods during the foreclosure
process, are the responsibility of the transferee and are due and
payable with the updated registration. The previous mortgagee will
not be released from the responsibility of paying all previous unpaid
fees, fines, and penalties accrued during that mortgagee's involvement
with the foreclosed property.
H.
If the
foreclosing or foreclosed property is not registered, or the registration
fee is not paid within 30 days of when the registration or renewal
is required pursuant to this section, a late fee equivalent to 10%
of the semiannual registration fee shall be charged for every thirty-day
period, or portion thereof, the property is not registered and shall
be due and payable with the registration.
I.
This section
shall also apply to properties that have been the subject of a foreclosure
sale where title is transferred to the mortgagee as well as any properties
transferred to the mortgagee under a deed in lieu of foreclosure or
by any other legal means.
J.
Properties
subject to this section shall remain subject to the seminnual registration
requirement, and the inspection, security, and maintenance standards
of this section as long as the property remains registrable property.
K.
Failure
of the mortgagee and/or property owner of record to properly register
or to modify the registration to reflect a change of circumstances
as required by this article is a violation of this article and shall
be subject to enforcement by any of the enforcement means available
to the Town.
L.
If any
property is in violation of this article the Town may take the necessary
action to ensure compliance with and/or place a lien on the property
for the cost of the outstanding obligation and any additional cost
incurred to bring the property into compliance.
A.
Any owner
of vacant property located within the Town shall, within 10 days after
the property becomes vacant, register the real property with the Town
registry.
B.
Initial
registration pursuant to this section shall contain, at a minimum
the name of the owner, the mailing address of the owner, email address
and telephone number of the owner, and if applicable, the name and
telephone number of the property manager and said person's address,
email address, and telephone number.
C.
At the
time of initial registration each registrant shall pay a nonrefundable
semiannual registration fee the amount set by resolution the Town
Board, as amended from time to time, for each vacant property. Subsequent
nonrefundable semiannual renewal registrations of vacant properties
and fees in the amount set by resolution the Town Board, as amended
from time to time, are due within 10 days of the expiration of the
previous registration. Said fees shall be used to offset the costs
of: 1) registration and registration enforcement; 2) code enforcement
and mitigation related to vacant properties, and; 3) for any related
purposes as may be adopted in the policy set forth in this article.
Said fees shall be deposited to a special account in the Town's department
dedicated to the cost of implementation and enforcement of this article,
and fulfilling the purpose and intent of this article.
D.
If the
property is sold or transferred, the new owner is subject to all the
terms of this article. Within 10 days of the transfer, the new owner
shall register the vacant property or update the existing registration.
The previous owner(s) will not be released from the responsibility
of paying all previous unpaid fees, fines, and penalties accrued during
that owner's involvement with the vacant property.
E.
If the
vacant property is not registered, or either the registration fee
or the semiannual registration fee is not paid within 30 days of when
the registration or semiannual registration is required pursuant to
this section, a late fee shall be equivalent to 10% of the semiannual
registration fee shall be charged for every thirty-day period, or
portion thereof, the property is not registered and shall be due and
payable with the registration. This section shall apply to the initial
registration and registrations required by subsequent owners of the
vacant property.
F.
Properties
subject to this section shall remain subject to the semiannual registration
requirement, and the inspection, security, and maintenance standards
of this section as long as the property is vacant.
G.
Failure
of the owner to properly register or to modify the registration to
reflect a change of circumstances as required by this local law is
a violation of this article and shall be subject to enforcement by
any of the enforcement means available to the Town.
H.
If any
property is in violation of this article the Town may take the necessary
action to ensure compliance with and place a lien on the property
for the cost of the outstanding obligation and any additional cost
incurred to bring the property into compliance.
I.
Properties
registered as a result of this section are not required to be registered
again pursuant to the foreclosure mortgage property section unless
such property shall subsequently become subject to a mortgage in 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 Building Inspector. This request shall include the following
information supplied by the owner:
A.
In addition to the conditions set forth in Chapter 55A of the Town Code regarding property maintenance, properties subject to this article shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper circulars, flyers, notices, except those required by federal, state or local law, discarded personal items including, but not limited to, furniture, clothing, large and small appliances, printed material, or any other items that give the appearance that the property is abandoned.
B.
Registrable
property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior grade paint that matches
the color of the exterior structure.
C.
Front,
side, and rear yards, including landscaping, of registrable property
shall be maintained in accordance with the applicable code(s) at the
time registration is required.
D.
Registrable
yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod. Acceptable maintenance of yards and/or
landscape shall not include weeds, gravel, broken concrete, asphalt
or similar material.
E.
Maintenance
shall include, but not be limited to, watering, irrigation, cutting
and mowing of required ground cover or landscape and removal of all
trimmings.
F.
Pools and
spas shall be maintained so the water remains free and clear of pollutants
and debris and shall comply with the regulations set forth in the
applicable code(s).
G.
Failure
of the mortgagee, owner, and transferees to properly maintain the
property as required by this article may result in a violation of
the applicable code(s) and issuance of a citation or notice of violation
in accordance with the applicable code of the Town. Pursuant to a
finding and determination by the Town Sheriff, Town Judge or a court
of competent jurisdiction, the Town may take the necessary action
to ensure compliance with this section.
A.
Properties
subject to this article shall be maintained in a secure manner so
as not to be accessible to unauthorized persons.
B.
A "secure
manner" shall include, but not be limited to, the closure and locking
of windows, doors, gates and other openings of such size that may
allow a child to access the interior of the property or structure.
Broken windows, doors, gates, and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.
If a property
is registrable, and the property has become vacant or blighted, a
property manager shall be designated by the mortgagee and/or owner
to perform the work necessary to bring the property into compliance
with the applicable code(s), and the property manager must perform
regular inspections to verify compliance with the requirements of
this article, and any other applicable laws.
D.
In addition
to the above, the property is required to be secured in accordance
with the applicable code(s) of the Town.
E.
When a
foreclosure property subject to this article becomes vacant, it shall
be posted with the name and twenty-four-hour contact telephone number
of the property manager. The property manager shall be available to
be contacted by the Town Monday through Friday between 9:00 a.m. and
5:00 p.m., legal holidays excepted. The sign shall be placed in a
window facing the street and shall be visible from the street. The
posting shall be no less than 18 inches by 24 inches and shall be
of a font that is legible from a distance of 45 feet. The posting
shall contain the following language with supporting information:
THIS PROPERTY IS MANAGED BY___________________________ AND IS
INSPECTED ON A REGULAR BASIS.
THE PROPERTY MANAGER CAN BE CONTACTED BY TELEPHONE AT _____________________
OR BY EMAIL AT ____________________________.
F.
The posting required in Subsection E above shall be placed on the interior of a window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so that it is visible from the street, or if no such area exists, on a stake of sufficient size to support the posting in a location that is at all times visible from the street to the front of the property but not readily accessible to vandals. Exterior posting shall be constructed of and printed with weather-resistant materials.
G.
Failure
of the mortgagee and/or property owner of record to properly inspect
and secure a property subject to this article, and post and maintain
the signage noted in this section, is a violation and shall be subject
to enforcement by any of the enforcement means available to the Town.
The Town may take the necessary action to ensure compliance with this
section, and recover costs and expenses in support thereof.
The provisions of this article are cumulative with and in addition
to other available remedies. Nothing contained in this article shall
prohibit the Town from collecting on fees, fines, and penalties in
any lawful manner; or enforcing its codes by any other means, including,
but not limited to, injunction, abatement, or as otherwise provided
by law or local law.
All registrable property is at risk of being a public nuisance
and if vacant or blighted can constitute a public nuisance, the abatement
of which pursuant to the police power is hereby declared to be necessary
for the health, welfare, and safety of the residents of the Town.
A.
If the
Enforcement Officer has reason to believe that a property subject
to the provisions of this article is posing a serious threat to the
public health, safety, and welfare, the Code Enforcement Officer may
temporarily secure the property at the expense of the mortgagee or
owner, and may bring the violations before the Justice Court as soon
as possible to address the conditions of the property. Nothing herein
shall limit the Town from abating any nuisance or unsafe condition
by any other legal means available to it.
B.
The Sheriff,
Town of Kent Police Department, Code Enforcement Officer, or Justice
Court shall have the authority to require the mortgagee or owner affected
by this section to implement additional maintenance and/or security
measures including, but not limited to, securing any and all doors,
windows or other openings, employment of an on-site security guard
or other measures as may be reasonably required to help prevent further
decline of the property.
C.
If there
is a finding that the condition of the property is posing a serious
threat to the public health, safety, and welfare, then the Sheriff,
Town of Kent Police Department, Town Board or Justice Court may direct
the Town to abate the violations and charge the mortgagee or owner
with the cost of the abatement.
D.
If the
mortgagee or owner does not reimburse the Town for the cost of temporarily
securing the property, or of any abatement directed by the Sheriff,
Town of Kent Police Department, Code Enforcement Officer, Town Board
or Justice Court, within 30 days of the Town sending the mortgagee
or owner the invoice, then the Town may lien the property with such
cost, along with an administrative fee as determined in the Town's
fee local law to recover the administrative personnel services. In
addition to filing a lien the Town may pursue financial penalties
against the mortgagee or owner. The Town shall maintain a record of
the lien against the property in the Building Department records until
such lien is satisfied.
E.
The Town
may contract with an entity to implement this article, and, if so,
any reference to the enforcement officer herein shall include the
entity the Town contract with for that purpose.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this article shall be subject to punishment
as provided in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Town
to enforce the sections here within shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this article.
A.
Unless
otherwise provided for in this article, a violation of this article
is declared unlawful. Any person who commits or permits any act in
violation of any provisions of this article shall be deemed to have
violated this article and to have committed a misdemeanor against
the chapter and, shall be liable to the following penalties, following
prosecution consistent with the laws of the State of New York:
(1)
For
each violation of the provisions of this article, the person violating
the same shall be subject to a fine consistent with the fine range
for misdemeanors set forth in the Penal Law of the State of New York,
or imprisonment not to exceed one year, or to both such fine and imprisonment.
Each day that the violation continues shall be a separate offense.
B.
In addition
to the above-provided penalties, the Town Board may maintain an action
or proceeding in the name of the Town in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation
of this article.
Registration fees and penalties outlined in this article may
be modified by resolution, administrative order, or an amendment to
this article, passed and adopted by the Town Board.
