[HISTORY: Adopted by the Common Council of the City of Port
Jervis 5-27-2014 by L.L. No. 4-2014; amended in its entirety 5-13-2019 by L.L. No. 4-2019. Subsequent amendments noted where applicable.]
A.Â
The Common Council of the City of Port Jervis, Orange County, New
York, recognizes that there is a rising number of properties within
the City that have become abandoned, vacant, or boarded up as the
result of the mortgage foreclosure process under New York State law
or for other reasons, including but not limited to the inability of
the owner or owners of such property to make real property tax payments,
insurance payments, property maintenance requirements as established
by local, county, state or federal codes, or for various other reasons.
The Common Council recognizes that buildings, both residential and
commercial, have remained abandoned, vacant or boarded up for long
periods of time, some for many years. As such, these buildings and
the properties upon which they are constructed are unsightly and unsafe
and have a negative effect on their surroundings and upon the community
in general. The purpose of this chapter is to establish a program
for identifying and registering abandoned and vacant buildings and
properties; to determine the responsibility of the owners or mortgagees
of these properties; to set forth the process for securing, maintaining
and rehabilitating these properties and to require the registration
of these properties with the Building Official/Code Enforcement Officer
of the City of Port Jervis.
B.Â
The Common Council of the City of Port Jervis intends that the provisions
of this chapter are to prevent properties that have been abandoned,
are vacant and/or may be involved in the mortgage foreclosure process
from becoming dangerous, blighted, overgrown, susceptible to vandalism
and otherwise nuisances to the public in general and specifically
to surrounding property owners. The Common Council recognizes that
properties involved in the mortgage foreclosure process in particular
are left abandoned, vacant, blighted and locations that might breed
nuisance and criminal activity for months and often years. Accordingly,
the Common Council believes that the provisions of this chapter requiring
registration of properties; posting of properties; designation of
local agents for properties; the securing of properties; penalties
for the failure to comply with the requirements of this chapter and
other ordinances, sanitary codes, building codes, and other local
regulations dealing with the external and internal maintenance of
properties is in the best interests of the public health, safety and
welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
The agent designated by the owner or mortgagee upon registration
as required by this chapter. An agent does not have to reside or have
an office within the County of Orange, New York.
Duly authorized representative of the City of Port Jervis,
Orange County, New York, holding the position of Building Official,
Deputy Building Official, Code Enforcement Officer, Building or Fire
Inspector.
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, accumulation of abandoned real property, as
defined herein, statements by neighbors, passers-by, delivery agents
or government agents, among other evidence that the property is vacant.
The legal process by which any parcel, tract, lot or other
defined area of real property, including the improvements located
thereon, placed as security for a real estate loan, is sought to be
sold by the lender/mortgagee to satisfy the debt if the borrower/mortgagor
defaults. This definition shall include all processes, activities,
and actions by whatever name associated with the described process.
The creditor, including but not limited to service companies,
lenders in a mortgage agreement and any agent, servant, or employee
of the mortgagee, or any successor in interest and/or assignee of
the mortgagee's rights, interests or obligations under the mortgage
agreement.
A recorded notice that a default has occurred under a mortgage
and that the mortgagee intends to proceed with a foreclosure sale.
Owner or owners of record on the assessment rolls in the
Office of the Assessor of the City of Port Jervis; those identified
as owner or owners on a vacant building registration form; a mortgagee
in possession; a mortgagor in possession; a receivor or assignee of
rents; an executor, trustee, or other person, firm, entity or corporation
in control of the property or premises; persons or entities may have
a joint and several obligations for compliance with the provisions
of this chapter.
Any measures that assist in making the property inaccessible
to unauthorized persons.
A building or property or portion of same which is unoccupied
and unsecured; unoccupied and secured by other than normal means;
unoccupied and unsafe as determined by the Building Official/Code
Enforcement Officer of the City of Port Jervis; unoccupied and has
multiple housing or Building Code violations; illegally occupied;
unoccupied and the subject of Code violation notices issued by the
Building Official/Code Enforcement Officer of the City of Port Jervis.
This shall not include individual condominium units or other individual
units in a common-interest community where all exterior elements and
common areas are jointly owned and maintained by a homeowners'
or community association.
A building or structure that is not legally occupied.
A.Â
Within 10 days of the filing of a lis pendens with the Orange County,
New York, Clerk's Office and/or other legal documentation commencing
an action to foreclose upon a mortgage or similar security instrument,
all mortgagees must register with the Building Official/Code Enforcement
Officer of the City of Port Jervis, on forms provided by said official,
all property in foreclosure within the City of Port Jervis. For properties
for which a lis pendens and/or action for foreclosure upon a mortgage
or a similar security instrument has been instituted prior to the
effective date of this chapter and which have not yet been registered
pursuant to this chapter, all mortgagees must register such properties
within 60 days of the effective date of this chapter.
B.Â
Mortgagees must designate and retain an individual or agent or property
management company as the local agent responsible for the security
and maintenance of the property. Owners of property that do not reside
in the City of Port Jervis must provide a name, address and contact
information of an agent with whom the owner has entered into a contract
or agreement for property management.
C.Â
All owners of abandoned and vacant properties shall register with
the Building Official/Code Enforcement Officer of the City of Port
Jervis not later than 10 days after any building in the City becomes
an abandoned or vacant building and not later than 20 days after being
notified by the Building Official/Code Enforcement Officer of the
City of Port Jervis of the requirement to register. The Building Official/Code
Enforcement Officer may identify vacant buildings through his/her
routine inspection process as well as through notification by residents,
neighbors, neighborhood groups or other community groups that a building
may be abandoned or vacant and eligible for inclusion on the required
registry. Registration by owners shall be submitted on forms provided
by the Building Official/Code Enforcement Officer of the City of Port
Jervis.
D.Â
All owners and mortgagees must supply the following information to
the Building Official/Code Enforcement Officer of the City of Port
Jervis:
(1)Â
A description of the premises, including the property address as
well as the section, block and lot number of the property as set forth
in the tax records of the City of Port Jervis located in the office
of the Assessor of the City of Port Jervis.
(2)Â
The names and addresses of the owner or owners, or mortgagee or mortgagees.
(3)Â
Whether or not the owner or owners, mortgagee or mortgagees reside
in the City of Port Jervis, the name and address for the owner, owners,
mortgagee, or mortgagees, mailing address, telephone number, local
agent's name, mailing address, telephone number, e-mail address
for the owner, owners, mortgagee or mortgagees. Mailing addresses
may not be a post office box but must be an actual street address
where the owner, owners, mortgagee, mortgagees reside or do business.
(4)Â
The name, street address, telephone number and e-mail address of
a natural person 21 years of age or older designated by the owner,
owners, mortgagee, mortgagees as an authorized agent for receiving
notices of Code violations and/or receiving process in any court proceeding
or administrative enforcement proceeding on behalf of such owner,
owners, mortgagee or mortgagees in connection with the enforcement
of any applicable code, ordinance, local law, regulation or statute.
This authorized agent for service of process must maintain an office
or reside in Orange County, New York.
(5)Â
The name, street address, telephone number and e-mail address of
the firm or individual responsible for maintaining the property. The
individual or representative of the firm responsible for maintaining
the property shall be available by telephone or in person on a twenty-four-hour-per-day,
seven-day-per-week basis.
(6)Â
A statement or plan as to what will be done to secure the structure
and property so that it will not become open to the general public.
(7)Â
The status of water, sewer, natural gas and electric utilities winterization
of pipes at the structure and property.
A.Â
By designating an authorized agent as set forth above under the provisions
of this chapter, the owner and/or mortgagee consents to receive any
and all notices of Code violations concerning the registered abandoned
or vacant property and all process in any Court proceeding or administrative
enforcement proceeding brought to enforce Code provisions concerning
the registered building or property by service of the notice or process
on the authorized agent. Any owner who has designated an authorized
agent under the provisions of this section shall be deemed to consent
to the continuation of the owner's designation for the purpose
of this section until the owner notifies the Building Official/Code
Enforcement Officer of the City of Port Jervis in writing of a change
of authorization or until the owner files a new annual registration
statement.
B.Â
Any owner who fails to register an abandoned or vacant property under
the provisions of this chapter shall further be deemed to consent
to receive, by posting at the building, any and all notices of Code
violation and all processing of administrative or legal proceedings
brought to enforce Code provisions or other laws or regulations concerning
the structure or property.
The owner or mortgagee of any structures that become abandoned
or vacant property, and any person designated as an agent or responsible
for maintaining such structure or vacant property, shall within 30
days of the structure becoming abandoned or vacant, or 30 days of
the owner or mortgagee taking title to the property, whether or not
the deed for said property has been recorded with the Orange County
Clerk:
A.Â
Close and secure the structures owned by or mortgaged to the applicant
as imposed by this chapter and/or the State of New York or as set
forth in the rules and regulations provided by the Building Official/Code
Enforcement Officer of the City of Port Jervis.
B.Â
Insure that the grounds of the structure, including yards, fences,
sidewalks, walks and driveways, are well maintained and kept free
from trash or debris.
C.Â
Post a sign affixed to the structure with a name, address and telephone
number of the owner and/or mortgagee and the owner and/or mortgagees'
authorized agent for the purposes of service of process and the name,
address and telephone number of the entity responsible for the maintenance
of the property. The sign shall be at least 18 inches by 24 inches
in dimension and shall include the words "To Report Problems with
this Building/Property Call and/or E-mail" and shall be placed in
a location where it is clearly legible from the nearest public street
or sidewalk, whichever is nearer.
D.Â
Maintain the structure in a secured and closed condition, keep the
grounds in a clean and well-maintained condition and insure that the
sign is visible and intact until the building is again occupied or
demolished or until repair or rehabilitation of the building is complete.
E.Â
New owners shall register or re-register the abandoned or vacant
building or properties with the Building Official/Code Enforcement
Officer within 30 days of any transfer of ownership interest in the
abandoned or vacant building or property whether or not the deed to
said property has been recorded with the Orange County Clerk.
F.Â
All vacant real property shall at all times be properly maintained.
A vacant building or structure shall be considered properly maintained
if:
(1)Â
It has all doors and windows and other openings weather-tight and
secured against entry by the general public as well as animals.
(2)Â
All roof and roof flashings shall be sound and tight such that no
rain will penetrate the structure and must allow for appropriate drainage
so as to prevent deterioration of the interior walls or other interior
portions of the building. No temporary measures shall be permitted
such as tarps, canvas, plastic, boards, etc. Temporary boarding of
windows may be permitted upon application and consent by the Building
Official of the City of Port Jervis. The Building Official shall have
the discretion to determine how long boarding may be permitted.
(3)Â
The building must be maintained in good repair, be structurally sound
and free from rubbish, garbage, and other debris.
(4)Â
Structured members of the building shall be capable of bearing both
live and dead loads and the foundation walls likewise shall be capable
of supporting an appropriate load.
(5)Â
The exterior of the structure shall be free of loose or rotten materials
as well as holes. Any exposed metal, wood or other surface shall be
protected from the elements by appropriate weather-coating materials
(paint or similar treatment).
(6)Â
Any balconies, canopies, signs, metal awnings, stairways, fire escapes
or other overhanging extensions shall be in good repair, appropriately
anchored. The exposed metal and wood surface of such overhanging extensions
shall also be protected from the elements against rust or decay by
appropriate application of paint or similar weather-coating.
(7)Â
Any accessories or appurtenant structures, including but not limited
to garages, sheds, and other storage facilities, shall meet the same
standards.
(8)Â
The property contains a posting with the name and twenty-four-hour
contact phone number of the local individual or property management
company responsible for the maintenance. This sign must be posted
on the front of the property so it is clearly visible from the street.
(9)Â
All bushes must be trimmed so as to provide an unobstructed view
of the front of the house from the public roadway.
(12)Â
Yards and lawns requirements pursuant to § 319-12B(8) of the Port Jervis City Code.
(13)Â
All combustibles must be removed from the interior of all buildings
and the exterior of the property.
(14)Â
Smoke and carbon monoxide detectors are installed and maintained
in operable condition at all times.
(15)Â
The Building Official/Code Enforcement Officer of the City of
Port Jervis is provided with proof of inspection of the premises by
the agent or responsible party at least every 30 days after the abandonment
commences.
The Building Official/Code Enforcement Officer, fire inspector
and/or Police Department shall have the authority to inspect properties
subject to this statute for compliance with same and to issue citations
for any violations.
Upon the Building Official/Code Enforcement Officer or his/her
designee determining a property has been abandoned, he/she shall cause
a certification of abandonment to be filed with the Building Department's
records and such certification shall be served upon the owner of the
premises either personally or by posting a copy of the certification
in a conspicuous place on the property and by mailing a copy by certified
mail to the owner(s) last known address.
A.Â
Upon the Building Official/Code Enforcement Officer filing a certification
of abandonment, the Building Official/Code Enforcement Officer, Police
Department and/or Fire Inspector may, without further notice to the
owner, take necessary steps to ensure the property and/or dwelling
is properly maintained pursuant to this chapter. Costs incurred under
this section shall be paid out of the municipal treasury on certificate
of the Building Official/Code Enforcement Officer. Such costs shall
be charged against the land on which the building existed, as a municipal
lien, or shall be added to the tax roll as an assessment or shall
be levied as a special tax against the land upon which the building
stands or stood or shall be recovered in a suit at law against the
owner.
B.Â
The owner of a property declared abandoned may petition the Building
Department to remove the certification of abandonment by providing
proof to the Building Official/Code Enforcement Officer that the basis
of the certificate of abandonment no longer exists and the owner is
in compliance with this chapter.
A.Â
The owner or mortgagee of any abandoned or vacant property shall
acquire or otherwise maintain liability insurance in the amount of
not less than $300,000 for buildings designated primarily for a one-
or two-unit residential use and not less than $1,000,000 for any other
building including but not limited to buildings designed for multifamily,
manufacturing, storage or commercial uses covering any damage to any
person or any property caused by any physical condition of or in the
building. The City of Port Jervis shall be named as an additional
insured and shall be entitled to notification of any renewal or lapse
of coverage in writing of said policy.
B.Â
The owner and/or mortgagee shall attach evidence of insurance to
the registration statement required by this chapter. Failure to attach
the insurance statement to the registration form submitted to the
City shall cause the registration form to be invalid. The alternative
to insurance, the owner and/or mortgagee must supply a cash bond acceptable
in form to the Building Official/Code Enforcement Officer of the City
of Port Jervis in a sum of $10,000 to secure the continued maintenance
of the property throughout its abandoned or vacant state and to remunerate
the City of Port Jervis for any expenses incurred in inspecting, securing,
marketing or making such building safe.
The City of Port Jervis shall establish an online registry of
all properties registered with the City under this chapter and shall
include a procedure by which citizens can provide the Building Official/Code
Enforcement through electronic means with information on unregistered
properties that may be subject to this chapter.
A.Â
The owner/mortgagee of a vacant or abandoned building or property
shall pay an annual fee of $1,200 for the first year the building
remains vacant or abandoned or any portion of said year. The fee shall
cover the administrative costs for registering and processing the
vacant or abandoned building or property and the cost for the City
in monitoring the abandoned or vacant property or building. The fee
shall be paid upon filing of the registration form as required by
this chapter. Subsequent annual fees shall be:
(1)Â
For the second year the building remains abandoned or vacant: $2,200.
(2)Â
For the third year the building remains abandoned or vacant: $3,200.
(3)Â
For the fourth year the building remains abandoned or vacant: $4,200.
(4)Â
For the fifth year the building remains abandoned or vacant: $5,200.
(5)Â
For the sixth year the building remains abandoned or vacant: $6,200.
(6)Â
For the seventh year the building remains abandoned or vacant: $7,200.
(7)Â
For the eighth year the building remains abandoned or vacant: $8,200.
(8)Â
For the ninth year the building remains abandoned or vacant: $9,200.
(9)Â
For the tenth year the building remains abandoned or vacant: $10,200.
B.Â
For ownership interest in any abandoned or vacant property whether
or not the deed has been recorded with the Orange County Clerk. The
owners shall be responsible for any unpaid fees.
A.Â
A building or property which has suffered fire damage or damage caused
by extreme weather conditions shall be exempt from the registration
requirement for a period of 180 days after the date of the fire or
extreme weather event if the property owner/mortgagee submits a request
for exemption in writing to the Building Official/Code Enforcement
Officer of the City of Port Jervis. This request shall include a description
of the property; the names and addresses of the owner and/or mortgagee;
a statement of intent to repair and reoccupy the building in an expedient
manner or intent to demolish the building.
B.Â
Additional exceptions to this statute shall be if in the sole and
reasonable discretion of the Building Official/Code Enforcement Officer
the property is subject to any one or more of the following:
(1)Â
A valid open building permit being pursued with diligence;
(2)Â
A pending land use application including site plan, subdivision or
special permit application being pursued with diligence;
(3)Â
A pending application to a governmental body being pursued with diligence
for an approval pertaining to the physical improvement of the property;
(4)Â
Utilization of the building by the City of Port Jervis on a temporary
basis not to exceed 12 months for City purposes including but not
limited to fire training.
If an owner and/or mortgagee shall violate any portion of this
chapter, they shall be subject to a fine of not more than $500 or
30 days in jail, or both, with the understanding that each day a violation
continues shall be deemed a separate offense. Any unpaid fees, charges
or penalties shall be levied on City tax bills annually.
Owners and/or mortgagees shall not pay a fee but must register
a property that is in the process of foreclosure or foreclosed. If
occupants change after a property is registered, a new registration
form must be filed by the owner/mortgagee with the new occupant information
included. In the event that the property becomes unoccupied, the sections
of this chapter relating to unoccupied properties shall apply.
