It is the purpose and intent of this chapter to establish a
process to limit and reduce the number of deteriorating and/or dilapidated
properties located within the Village of Island Park, specifically
when a property is subject to a mortgage which is in default. It is
the Village's further intent to specifically establish a defaulted
mortgage registration program as a mechanism to protect neighborhoods
from blight due to lack of adequate maintenance and security of abandoned
properties which are in default.
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED REAL PROPERTY IN DEFAULT
Any real property that is under a current notice of default
and/or notice of mortgagee's sale, pending tax assessor's
lien sale and/or properties that have been the subject of a foreclosure
sale where the title was retained by the beneficiary of a mortgage
involved in the foreclosure and any properties transferred under a
deed in lieu of foreclosure or sale.
EVIDENCE OF VACANCY
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 not be limited to, overgrown
and/or dead vegetation, electricity, water or other utilities turned
off, stagnant swimming pool, statements by neighbors, passersby, delivery
agents or government agents, among other evidence that the property
is vacant.
FORECLOSURE
The process by which a property, placed as security for a
mortgage loan, after a judicial process is to be sold at an auction
to satisfy a debt upon which the borrower has defaulted.
VACANT
Any building or structure shall be deemed to be vacant if
no person or persons actually currently conducts a lawfully licensed
business, or lawfully resides or lives in any part of the building
as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupant(s),
or tenant(s) on a permanent, nontransient basis.
This chapter shall be considered cumulative and not superseding
or subject to any other law or provision for same, but shall rather
be an additional remedy available to the Village above and beyond
any other state, county and/or local provisions for same. This chapter
relates to property subject to a mortgage which has been determined
by the mortgagee to be in default.
Whoever opposes, obstructs or resists any enforcement officer,
building inspector, fire marshal or any person authorized by the Building
Department in the discharge of duties as provided in this chapter,
upon conviction, may be punished as provided in New York State Penal
Code § 195.05.
Any enforcement officer, or person authorized by the Building
Department, shall be immune from prosecution, civil or criminal, for
reasonable, good faith entrance upon real property while in the discharge
of duties imposed by this chapter.
The Code Enforcement Officer shall have authority to require
the mortgagee and/or owner of record of any property affected by this
chapter 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 prevent a decline of the
property. Nothing contained in this chapter shall prohibit the Village
from enforcing its Code by any other means.
Any person, corporation, or entity who shall violate any of
the provisions of this chapter or who shall fail to comply therewith
or with any of the requirements shall be guilty of a violation and,
upon conviction thereof, a fine of not less than $250 nor more than
$1,000 must be imposed or a term of imprisonment for a period not
to exceed 15 days may be imposed, or both, for conviction of a first
offense; for conviction of a second offense, both of which were committed
within a period of five years, shall be guilty of a violation, and,
upon conviction, a fine of not less than $1,000 nor more than $2,500
must be imposed or a term of imprisonment for a period not to exceed
15 days may be imposed, or both; and, upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, shall be guilty of a violation, and a fine of not less
than $2,500 nor more than $5,000 must be imposed or a term of imprisonment
for a period not to exceed 15 days may be imposed, or both.