[Adopted by the Board of Trustees of the Village of Solvay 12-17-2019 by L.L. No.
7-2019. Amendments noted where applicable.]
It is the finding of the Village Board that vacant buildings
are unsightly, unsafe, and have a negative effect on the community.
Unfortunately, many buildings, once vacant, remain that way for years.
The purpose of this chapter is to establish a program for identifying
and registering vacant buildings, to set forth the responsibilities
of owners of vacant buildings, and to speed the rehabilitation of
vacant buildings.
Unless otherwise expressly stated, the following terms will,
for the purpose of this chapter, have the meanings indicated in this
section:
Where the condition of a building, structure, or any part
thereof is an imminent, immediate, and substantial danger to the health
or safety of occupants, emergency responders, and/or the general public.
Such conditions include, but are not limited to, fire hazards, falling
or dilapidated buildings, structures, or any part thereof, loss of
significant water, heat, ventilation, or a lack of sanitary conditions.
Any duly authorized representative of the Village of Solvay
Code Enforcement Office.
The person, persons, or entity shown to be the owner or owners
on the last available tax records of the Village of Solvay, 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, administrator, trustee, lessee, other
person, firm or corporation in control of the premises. Any such person
will have joint and several obligations for compliance with the provisions
of this chapter.
A building secured by means other than those used in the
design and approved plans for the 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 Enforcement Office. In determining
whether a building is unoccupied, the Code Enforcement Office may
consider these factors, among others:
Whether lawful residential or business activity has ceased;
The percentage of the overall square footage of the occupied
to unoccupied space or the overall number of occupied and unoccupied
units;
The building is substantially devoid of contents or the minimal
value of fixtures or personal property in the building;
The building lack utility services;
The building is subject to a foreclosure action;
Duration of vacancy; and/or
The presence or reoccurrence of code violations.
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
A building, a portion of a building, or a structure which
is any one or more of the below:
Unoccupied and unsecured;
Unoccupied and secured by other than normal means;
Unoccupied and an unsafe building as determined by the Code
Enforcement Office;
Unoccupied and the Code Enforcement Office has issued an order
to correct code violations;
Illegally occupied; or
Unoccupied for a period over 30 days.
A.
The owner of a vacant building shall register with the Code Enforcement
Office no later than 30 days after any building becomes a "vacant
building," as defined above, or not later than 30 days after being
notified by the Code Enforcement Office of the requirement to register.
The Code Enforcement Office may identify vacant buildings through
a routine inspection process as well as through notification by residents,
neighborhood associations and other community groups that a building
may be eligible for inclusion on the registry. Notice will be served
upon, or sent by mail to, the owner, and any registered property manager,
and to the property address. Notice will be deemed received by the
owner, property manager, or an occupant, as the case may be, upon
personal delivery or after three days in Onondaga County or five days
for other locations upon service by first class mail. The Village
may also post notices on the Village's website to provide additional
notice to the public. However, the Village's failure to post
such violations on the Village's website shall not constitute
a defense to any enforcement proceeding or collection of fines.
B.
As part of the notice to register, the Code Enforcement Office may
provide the owner with information outlining programs available which
may be useful to implement a rehabilitation plan.
C.
The registration shall be submitted on forms provided by the Code
Enforcement Office and shall include the following information:
(1)
A description of the premises, i.e., square footage, number of stories,
age of the building, and most recent use of the building.
(2)
The names, addresses, and telephone numbers of the owner or owners.
If the owner is a corporation, limited liability company or partnership,
the entity address shall be as reported by the entity to the New York
State Department of State. The address must include a street address;
a post office box is not acceptable.
(3)
If the owner does not reside in Onondaga County or any adjoining New York county, the name and address of the registered agent as required by § 127-3C of the "Real Property Rental Registration and Inspection Program." The address must include a street address; a post office box is not acceptable.
(4)
The names and addresses of all known lien holders and all other parties
with an ownership interest in the building. Each address must include
a street address; a post office box is not acceptable.
(5)
The name, address, and telephone number of a responsible natural
person (not a corporation, partnership, or limited liability company)
who can be reached at all times during business and non-business hours.
The address must include a street address; a post office box is not
acceptable.
D.
The owner shall submit a vacant building plan which must meet the
approval of the Code Enforcement Office. The plan, at a minimum, must
contain information on one of the following three proposals 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 in accordance with standards provided in § 159A-4 below, along with the procedure that will be used to maintain the property, and a statement of the reason(s) why the building will be left vacant; or
(3)
If the building is to be returned to appropriate occupancy or use, rehabilitation plans for the building. The rehabilitation plans shall not exceed 365 days from the date of submission and shall include progress benchmarks at least every four months, unless the Code Enforcement Office grants an extension for good cause shown, 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, historic preservation or building codes. The building must be secured in accordance with § 159A-4 below during the rehabilitation.
E.
The owner shall comply with all applicable laws and codes. The owner
shall notify the Code Enforcement Office of any changes in information
supplied as 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 Code Enforcement Office.
F.
The owner and any subsequent owner shall keep the building secured and safe and the building and grounds properly maintained as provided in § 159A-4 below.
G.
Failure of the owner or any subsequent owner to maintain the building and premises as required herein shall be grounds for the Village to either remediate the building and bill the costs of same to the owner as provided in § 159A-4, titled "Maintenance"; or revoke the rehabilitation plans, in either case the owner shall be subject to fees and penalties as provided herein.
H.
The owner shall notify the Code Enforcement Office of any transfer
of ownership within 15 days of transfer. The new owner 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.
I.
Vacant building registration fees.
(1)
The owner of a vacant building shall pay a registration fee set by
resolution of the Village Board. The registration fee shall be due
and payable upon registration; to wit: no later than 30 days after
any building becomes a "vacant building," as defined above, or no
later than 30 days after being notified by the Code Enforcement Office
of the requirement to register.
(2)
If the building is to remain vacant pursuant to § 159A-3D(2) above, then the owner shall also pay an annual vacant building fee until the building is properly demolished or rehabilitated. The annual vacant building fee is due and payable together with the registration fee and on each anniversary thereafter until the building is demolished or rehabilitated.
(3)
If the building is to be returned to a permitted use pursuant to § 159A-3D(3) above, the rehabilitation plan shall not exceed 365 days and shall include progress benchmarks at least every four months, unless the Code Enforcement Office grants an extension for good cause shown upon receipt of a written statement from the owner detailing the reasons for the extension. If the rehabilitation has not been completed or extended by the Code Enforcement Office, then the owner shall pay an annual vacant building fee until the building is properly demolished or rehabilitated. The annual vacant building fee shall be payable either on each anniversary of the payment of the registration fee in Subsection I(1) above or no later than 15 days after being notified by the Code Enforcement Office that the owner has failed to meet a required benchmark, whichever date is earlier, and on each anniversary thereafter until the building is demolished or rehabilitated.
(4)
If the owner of a vacant building fails to register and pay the fees in a timely manner, then the owner shall be subject to the penalty set forth in § 159A-8 below.
(5)
All delinquent fees shall be paid by the owner prior to any transfer
of an ownership interest in any vacant building. The owner shall give
a purchaser written notice that the building in question is a vacant
building under this chapter.
(6)
The vacant building registration fees and annual vacant building fees as set forth in § 159A-3I above are to be delivered, by mail or in person, to the Village Treasurer at the Village Hall, 1100 Woods Road, Solvay, New York. A late charge of 1 1/2% per month or any part thereof, shall be assessed on any invoice which is unpaid after 30 days from the date of the demand for payment or an invoice. A $25 processing fee shall be charged for each check returned by the bank due to insufficient funds or other reason. A replacement payment must be made in cash, money order, bank or certified check, and must include the $25 fee and any applicable late charges. Invoices and any additional fees that remain unpaid shall be added to the property owner's tax bill and shall include an additional penalty of $200.
J.
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.
The owner of a vacant building shall take such steps and perform
such acts as may be required of him or her from time to time to ensure
that the building and its grounds remain safe and secure and do not
present a hazard to the adjoining property or the public. Owners shall
be responsible for maintaining their buildings and structures so that
they do not become an unoccupied hazard. In any building or floor
area that is vacant or about to become vacant, there shall be at least
one access which meets the approval of the Code Enforcement Office.
B.
The owner shall protect and maintain the exterior of the building
as follows:
(1)
Exterior walls, including foundations, shall be maintained so that
water does not penetrate into basements, cellars, or other interior
areas. All exterior walls and foundations must be free of holes and
crevices.
(2)
Exterior doors, windows, skylights and similar opening shall be maintained
weather tight.
(3)
Exterior stairs, porches, entrance platforms, fire escapes and the
railings thereon shall be maintained in a safe and sound condition.
(4)
Roofs shall be maintained in a weather tight condition.
(5)
Exterior surfaces shall be maintained in good condition. Surfaces
not inherently resistant to deterioration shall be treated with a
protective coating of paint or other suitable preservative.
(6)
The coverings for windows and doors with glass may not consist of
any substance sprayed onto the glass doors or windows. All enclosures
shall be properly fitted and be of such material and surface that
they are neither unsightly nor will materially detract from the general
appearance of the building or the neighborhood and, when possible,
secured by normal means.
(7)
The covering for broken doors and cracked or broken windows may consist
of replacement glass, plexiglass, boards, plywood, or similar materials
finished and maintained in a manner recommended and approved by the
Code Enforcement Office. Windows that are not cracked or broken may
be covered with interior blinds, curtains, shades, or decorative paper.
(8)
The premises shall be kept free of insects and vermin and shall be
treated if necessary.
(9)
Any excavations, swimming pools, or other attractive nuisance must
be filled in or properly closed.
C.
In addition to the standards prescribed above, vacant commercial
and retail buildings shall comply with the following standards:
D.
The owner shall protect and maintain the interior of the building
as follows:
E.
The owner shall maintain the premises as follows:
(1)
The owner shall not permit garbage and refuse to accumulate.
(2)
Buildings and structures shall be maintained free of insects, vermin
and rodent harborage, and infestation.
(3)
Refrigerators and similar equipment with locking mechanisms shall
not be discarded, abandoned or store without first removing the locking
devices or the hinges of the doors.
(4)
Junked vehicles as defined in § 157-2, equipment, or materials shall not be stored at the premises.
(5)
Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors
shall be maintained structurally safe and smoke tight.
(6)
If the building is to be demolished or remain vacant, then, within
10 days of registering the building as a vacant building, all fuel
gas, water, and utilities shall be disconnected at the mains and water
pipes drained. If the building is going to be rehabilitated, then
the building shall be heated to avoid freezing pipes, fuel gas pipe
systems shall be maintained gastight, safe and operative condition,
and water pipes shall be maintained to avoid leaks and/or breakage.
(7)
Fuel tanks shall be maintained so as not to be a hazard or shall
be discontinued in a manner consistent with Chapter C of the State
Uniform Fire Prevention and Building Code (9 NYCRR).
(8)
The domestic water supply system of the building shall be connected
to an approved source, shall not be subject to contamination and shall
not be connected to unsafe water supplies, or the system shall be
disconnected at the main and completely drained.
(9)
Stormwater drainage systems shall be maintained so as to function
properly and be kept free from obstructions, leaks and defects. Sewage
systems shall be similarly maintained or shall be sealed so as to
prevent accumulation of sewage gases in buildings.
(10)
Electrical fixtures, devices, wiring and systems shall be maintained
in safe working condition in a manner which shall avoid a potential
source of ignition or shock or service shall be discontinued at the
supply.
(11)
Elevators, dumbwaiters and escalators shall be maintained or
taken out of service, in accordance with ANSI A17.1.
F.
Whenever the owner of a vacant building fails to comply with a notice from the Code Enforcement Office to take steps and perform acts as are required of him or her to ensure that a building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property in violation of Subsection B above, the Village may, pursuant to § 159A-6, titled "Inspections," enter onto the building and the property and take steps and perform acts to render the building and its adjoining yards safe, secure and free from hazards to adjoining property and public. These acts shall include but shall not be limited to removal of dangerous conditions, properly replacing or boarding up windows and doors, shutting off utilities, capping plumbing to prevent leakage of water or sewer gas, or removing flammable or otherwise hazardous materials and debris. A bill for the expenses incurred above shall be presented to the owners of the building consistent with the provisions outlined in § 159A-8 of this chapter.
A building which has suffered fire damage or damage caused by
extreme weather conditions shall be exempt from the registration requirement
for a period of 90 days after the date of the fire or extreme weather
event if the property owner submits a request for exemption in writing
to the Code Enforcement Office. This request shall include the following
information supplied by the owner:
By registering a vacant building, an owner consents to the Code
Enforcement Office inspecting the premises for the purpose of enforcing
and assuring compliance with the provisions of this chapter. Upon
the request of the Code Enforcement Office, an owner shall provide
access to the interior of a vacant 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 Code Enforcement Office
in order to enable such inspection, and the Code Enforcement Office
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. In the case of an emergency this section shall not apply.
Once a year, the Code Enforcement Office shall send to the Village
Board a list of all buildings in the Village declared vacant under
the provisions of this chapter, as well as a list of all previously
declared vacant buildings which are no longer subject to the provisions
of this chapter. This information may be published on the Village's
website.
Any person violating any provision of Chapter 159A, including the failure to register or providing false information to the Code Enforcement Office, shall be subject to the following fines:
A.
Such person shall be subject to a fine of $1,000 or imprisonment
not exceeding six months, or both such fine and imprisonment.
B.
The term "person," as used in this chapter, shall include the owner,
occupant, mortgagee or vendee in possession, assignee of rents, receiver,
executor, administrator, trustee, lessee, agent or any other person,
firm or corporation directly or indirectly in control of the building
or part thereof.
C.
Each day of violation will be deemed to constitute a separate offense.
D.
Fines levied will constitute civil forfeitures to the Village of
Solvay.
