[HISTORY: Adopted by the Town Board of the Town of Union 2-19-2020 by L.L. No. 4-2020. Amendments noted where applicable.]
Legislative findings and purpose. It is the finding of the Town
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 encourage
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:
The Code Enforcement Officer and any other duly authorized
Town of Union employee of the Code Enforcement Office.
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.
The person, persons, or entity shown to be the owner or owners
on the records of the County of Broome Real Property, 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 article.
A lot, plot or parcel of land, including any structures thereon.
A building secured by means other than those used in the
design of the building; e.g., window boarding.
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 Officer. In determining
whether a building is unoccupied, the Code Enforcement Officer may
consider these factors, among others: i) whether lawful residential
or business activity has ceased; ii) the percentage of the overall
square footage of the occupied to unoccupied space or the overall
number of occupied and unoccupied units; iii) the building is substantially
devoid of contents or the minimal value of fixtures or personal property
in the building; iv) the building lacks utility services; v) the building
is subject to a foreclosure action; vi) duration of vacancy; vii)
the presence or reoccurrence of code violations; and/or viii) the
building is listed or advertised for sale or lease.
A building or portion of a building which is open to entry
by unauthorized persons.
A building, a portion of a building, or a structure which
is any one or more of the following:
Unoccupied and/or unsecured;
Unoccupied and/or secured by other than normal means;
Unoccupied and/or an unsafe building as determined by the Code
Enforcement Officer;
Unoccupied and the Code Enforcement Officer has issued an order
to correct code violations;
Illegally occupied; or
Unoccupied for a period of time over six months.
Lacks utilities services.
A.
The owner of a vacant building will register with the Code Enforcement
Office no later than 60 days after any building becomes a "vacant
building," as defined above, or not later than 45 days after being
notified by the Code Enforcement Officer of the requirement to register.
The Code Enforcement Officer may identify vacant buildings through
his/her 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/or any registered
property manager. Notice will be deemed received by the owner, property
manager, or an occupant, as the case may be, upon personal delivery,
or three-day delivery in Broome County or five-day delivery for other
locations after service by first-class mail. The Code Enforcement
Officer may post a notice or placard on the property at the discretion.
However, the Town's failure to post such notice or violations
by placard or notice will not constitute a defense to any enforcement
proceeding or collection of fines.
B.
The registration will be submitted on forms provided by the Code
Enforcement Office and will 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, telephone numbers and emails of the owner or
owners. If the owner is a corporation, limited liability company or
partnership, the current address and current working phone number
for each director, manager, or partner, as the case may be. The address
must include a street address; a post office box is not acceptable.
(3)
If the owner does not reside in Broome County, the name and address
of the registered property manager. 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)
A 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.
C.
The owner will 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 plans 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 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 are required. The rehabilitation
plans will not exceed 365 days from the date of submission and will
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 and building codes,
and building permit requirements.
D.
The owner will comply with all applicable laws and codes. The owner
will 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 Officer.
E.
The owner and any subsequent owner will keep the building secured
and safe and the building and grounds properly maintained.
F.
Failure of the owner or any subsequent owner to maintain the building
and premises as required herein will be grounds for the Town i) to
remediate the building and bill the costs of same to the owner; ii)
revoke the rehabilitation plans; and iii) the owner will be subject
to fees and penalties as provided herein.
G.
The owner will notify the Code Enforcement Officer of any transfer
of ownership within 45 days of transfer. The new owner will comply
with the approved plan and timetable submitted by the previous owner
until any proposed changes are submitted and approved by the Code
Enforcement Officer.
H.
Vacant building registration fees.
(1)
The owner of a vacant building will pay a registration fee of $50.
The $50 registration fee is 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
an Enforcement Officer of the requirement to register.
(2)
If the building is to remain vacant for four months or more, or is
in foreclosure and vacant, then the owner will also pay an annual
nonrefundable vacant building fee of $500. The $500 annual vacant
building fee is due and payable together with the $50 registration
fee and on each anniversary thereafter until the building is demolished,
rehabilitated or occupied following foreclosure.
(3)
If the building is to be returned to a permitted use, the rehabilitation plan will not exceed 365 days and will include progress benchmarks at least every four months, unless the Code Enforcement Officer 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 Enforcement Officer, then the owner will pay an annual vacant building fee of $500 until the building is properly demolished or rehabilitated. The $500 annual vacant building fee is payable either on each anniversary of the payment of the $50 registration fee in Subsection H(1) above or no later than 15 days after being notified by the Code Enforcement Officer 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 will be subject to the penalty
set forth below.
(5)
All delinquent fees will be paid by the owner prior to any transfer
of an ownership interest in any vacant building. The owner will give
the purchaser written notice that the building in question is a vacant
building under this section.
(6)
The vacant building registration fees and annual vacant building
fees as set forth above are to be delivered, by mail or in person,
to the Code Enforcement Office, Town of Union, 3111 E. Main Street,
Endwell, New York 13760. A late charge of 1 1/2% per month, or
any part thereof, will 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 will 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 will be added to the property
owner's tax bill, and will include an additional penalty of $200.
I.
The Code Enforcement Office will 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 will take such steps and perform such
acts as may be required from time to time to ensure that the building
and its grounds remain safe and secure and do not present a hazard
or eyesore to the adjoining property or the public. Owners will 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 will be at least
one access which meets the approval of the Code Enforcement Officer.
B.
The owner will protect and maintain the exterior of the building
as follows:
(1)
Exterior walls, including foundations, will 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 openings will 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 Officer. The materials will be designed and of such
color to blend in with the finish of the building.
(8)
Windows that are not cracked or broken may be covered with interior
blinds, curtains, shades, or decorative paper.
(9)
The premises will be kept free of insects and vermin, and will be
treated if necessary.
(10)
Any excavations, swimming pools, or other attractive nuisances
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 will protect and maintain the interior of the building
as follows:
E.
The owner will maintain the premises as follows:
(1)
The owner will not permit garbage and refuse to accumulate.
(2)
Buildings and structures will be maintained free of insects, vermin
and rodent harborage and infestation.
(3)
Refrigerators and similar equipment with locking mechanisms will
not be discarded, abandoned or stored at the premises without first
removing the locking devices or the hinges of the doors.
(4)
Junked vehicles, equipment, or materials will not be left or stored
at the premises.
(5)
Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors
will 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 must be disconnected at the mains and water
pipes drained. If the building is going to be rehabilitated, then
the building must be heated to avoid freezing pipes, fuel gas pipe
systems must be maintained gastight, in safe and operative condition,
and water pipes must be maintained to avoid leaks and/or breakage.
(7)
Fuel tanks will be maintained so as not to be a hazard or will be
discontinued in a manner consistent with the State Uniform Fire Prevention
and Building Code.
(8)
The domestic water supply system of the building will be connected
to an approved source, will not be subject to contamination and will
not be connected to unsafe water supplies or the system will be disconnected
at the main and completely drained.
(9)
Stormwater drainage systems will be maintained so as to function
properly and be kept free from obstructions, leaks and defects. Sewage
systems will be similarly maintained or will be sealed so as to prevent
accumulation of sewage gases in buildings.
(10)
Electrical fixtures, devices, wiring and systems will be maintained
in safe working condition in a manner which will avoid a potential
source of ignition or shock or service will be discontinued at the
supply.
(11)
Elevators, dumbwaiters and escalators will be maintained or
taken out of service.
(12)
The owner will provide for snow removal.
(13)
The owner will maintain lawns, yards and vacant lots trimmed
and mowed, with the height of grass and weeds being no more than six
inches, and clean and free of physical hazards, rodent harborage and
infestation.
F.
Whenever the owner of a vacant building fails to comply with a notice from the Code Enforcement Officer 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 Town may 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 will include but 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 and anything else required in § 158-4E above. A bill for the expenses incurred above will be presented to the owners of the building consistent with the provisions of this chapter. If the bill is unpaid, the Town can file the charges as a lien against the property and assessed on the real property tax bills. In addition, if the Town of Union institutes any enforcement or collection proceedings, the owner shall be responsible for all attorneys' fees, court costs and expert fees.
A.
A building which has suffered fire damage or damage caused by extreme
weather conditions will 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 will include the following
information supplied by the owner:
(1)
A description of the premises.
(2)
The reason for an exemption.
(3)
The names, addresses telephone and emails of the owner or owners.
A post office box is not acceptable.
(4)
A statement of intent to repair and reoccupy the building in an expedient
manner, or the intent to demolish the building.
B.
A single-family or two-family home which is vacant due to the health
of the owner of said property shall be exempt from the registration
requirement in total; but the owner or representative of the owner
shall be obligated to:
C.
A single-family or two-family home which is vacant due to the owner's
residency at an alternate location for 10 months or more a year; i.e.,
seasonal occupancy a/k/a "snowbirds", shall be exempt from the registration
requirement in total; but the owner or representative of the owner
shall be obligated to:
D.
A single-family or two-family home which is vacant and had been listed
for sale or lease shall be exempt from the registration requirement
in total; but the owner or representative of the owner shall be obligated
to:
By registering a vacant building, an owner consents to the Code
Enforcement Officer inspecting the premises for the purpose of enforcing
and assuring compliance with the provisions of this article. Notwithstanding
the above, the demand or request of the Enforcement Officer, an owner
will provide access to all interior portions of a vacant building
in order to permit a complete inspection.
Once a year, the Code Enforcement Officer will send to the Supervisor
and to the Town Board a list of all buildings in the Town declared
vacant under the provisions of this article, as well as a list of
all previously declared vacant buildings which are no longer subject
to the provisions of this article.
Any owner or person violating any provision of this chapter,
including failure to register, or providing false information to the
Code Enforcement Officer will be subject to the following fines and/or
penalties:
A.
A fine of $1,000 or imprisonment not exceeding six months, or both
such fine and imprisonment.
B.
Each day of violation will be deemed to constitute a separate offense.
C.
Fines levied will constitute civil forfeitures to the Town of Union.
D.
The provisions of this section shall be in addition to and shall
not preclude the enforcement of this chapter by application to the
New York State Supreme Court for injunction or by any other lawful
means.
