[HISTORY: Adopted by the Common Council of the City of Glens
Falls 12-8-2020 by L.L. No. 6-2020. Amendments noted where applicable.]
The Common Council of the City of Glens Falls finds that buildings
that are left to remain vacant are likely to become both unsightly
and unsafe. They quickly cause a negative effect on their surrounding
neighborhoods as well as on the entire City. The purpose of this chapter
is to set forth an orderly procedure for identifying vacant buildings,
registering them and imposing responsibilities upon owners thereof
with the goal of fostering either timely rehabilitation to appropriate
use and occupancy or demolition.
The following terms are hereby defined:
That public official defined in § 109-3 of the City Code.
Any person or legal entity identified as the property's
owner of record in the records of the City Assessor's Office
or the County Clerk's Office, or a mortgagee or mortgagor in
possession of the property, or an assignee of rents, a receiver, an
executor, a trustee, a lessee, or any other person or legal entity
in control of the premises. Any such person shall be jointly and severally
obliged to comply with the provisions of this chapter.
Secured by means other than those used in the design of 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 Administrator and
his or her designees. In determining whether a building is unoccupied,
the Code Enforcement Administrator and his or her designees may consider,
but are not limited to, these factors:
Whether a lawful residential or business activity has ceased.
The percentage of the overall square footage of the occupied
space to the unoccupied space or the number of occupied units to unoccupied
units.
Whether the building is substantially devoid of contents or
whether the value of fixtures or personal property in the building
is minimal.
Whether the building lacks utility services.
Whether the building is subject to a foreclosure action.
The duration of the vacancy.
The presence or recurrence of code violations.
Any other factor relevant to general habitability of the premises.
A building or portion thereof which is open to entry by unauthorized
persons without the use of tools or ladders.
A building or portion of a building which is:
Unoccupied and unsecured;
Unoccupied and secured by other than normal means; or
Unoccupied and an unsafe building as determined by the Code
Enforcement Administrator or his or her designees; or
Unoccupied and has multiple housing or building code violations;
or
Occupied in violation of one or more of the provisions of this
chapter.
Occupied by persons with no legal authority to occupy.
Unoccupied for a period of more than 90 days.
A.
The owner of every vacant building shall register that building with
the Code Enforcement Administrator not later than 30 days after the
building becomes vacant, or in any case not later than 30 days after
receiving notification from the Office of Code Administration that
the building must be registered. The Office of Code Administration
shall have authority to identify vacant buildings through routine
inspections as well as by any other reliable source of information
that a building may be eligible for inclusion on the registry.
B.
Registration shall be submitted on forms provided by the Office of
Code Administration and shall include the following information:
(1)
A description of the premises, including street address and tax identification
number.
(2)
The name, telephone number, address and email address of the owner.
(3)
If the owner does not reside in Warren County or in any adjoining
county, the name, address, phone number and email of a third party
who the owner has contracted with for management of the premises,
who a) if an individual, must live in Warren County or within 10 miles
of the City limits or b) if an entity, must maintain a regular place
of business and have at least one individual employee or agent assigned
to manage the premises who resides in Warren County or within 10 miles
of the City limits.
(4)
If the owner is a corporate entity, including but not limited to
a corporation, limited-liability corporation, professional limited-liability
corporation, or limited-liability partnership, the name, telephone
number, address and email address of an agent responsible for the
management or maintenance of the property, at least one active officer,
partner and/or member of such entity, the registered address for the
entity, and the state in which the entity is registered.
(5)
The names and addresses of all known lien holders and all other persons
with an ownership interest in the premises.
(6)
A telephone number where a responsible party can be reached at all
times during business and nonbusiness hours.
C.
The owner of every vacant building shall submit a vacant building
plan which must meet the approval of the Code Enforcement Administrator.
The plan, at a minimum, must include the following:
(1)
For all vacant buildings:
(a)
If the building is to be returned to appropriate occupancy or
use, a rehabilitation plan must be submitted for the property. The
execution of the rehabilitation plan shall not exceed 364 days unless
the Code Enforcement Administrator grants an extension upon receipt
of a written request from the owner detailing the reasons for any
such extension. Any repairs, improvements or alterations to the property
must comply with applicable building, zoning and City Code requirements
and must be secured in a manner approved by the Code Enforcement Administrator.
(b)
If the building is to remain vacant, a statement detailing the
reasons why the building will be left vacant and for what time period
the building will remain vacant, a plan for the securing of the building
and the procedure that will be used to maintain the property in accordance
with applicable City and state building, zoning and Code requirements,
including, but not limited to, the Property Maintenance Code of New
York State.
(c)
If the building is to be demolished, a demolition plan indicating
the proposed time frame for demolition.
D.
The owner shall immediately notify the Code Enforcement Administrator
of any changes in the facts provided on the registration form. If
the premises change ownership, the new owner shall file a new registration
form within 30 days of the transfer.
E.
A registration shall be renewed annually for so long as the building
remains a vacant building. Each renewal shall indicate any changes
in the information provided since the previous filing. Each renewal
shall also include proof that a fire inspection has been conducted
by the Code Enforcement Administrator or Fire Safety Officer on the
premises within 60 days prior to the filing of the renewal.
F.
The Code Enforcement Administrator shall review the registration
form and accompanying plan for compliance with local ordinances and
state codes.
G.
The Code Enforcement Administrator shall develop, in consultation
with the Fire Department, a schedule for the periodic inspection of
each registered premises. A copy of the schedule shall be given to
the owner.
H.
Filing of a registration form under this chapter shall not relieve
the owner from the obligation to comply with any and all applicable
laws, rules and regulations.
I.
No building shall be removed from the vacant building registry until
such time as it is occupied on an ongoing basis consistent with the
customary and usual usage for such property.
J.
Upon written application by an owner, the Code Enforcement Administrator
shall grant a waiver of the registration requirement for any vacant
property that has suffered fire damage or damage caused by extreme
weather conditions. The waiver shall be for a period of 180 days after
the date of the said fire or casualty. The written application must
provide the following information at a minimum:
(1)
A description of the property;
(2)
A description of the circumstances giving rise to the claim for an
exemption;
(3)
The names, addresses and phone numbers of all owners;
(4)
A statement of intent to repair and reoccupy within a reasonable
time or, in the alternative, to demolish within a reasonable time;
and
(5)
A statement on the estimated time to reoccupy or demolish.
A.
Fees for registration and inspections under this chapter shall be
established from time to time by resolution of the City Council.
B.
If the owner of a vacant building fails to register and pay the fees as required, he or she will be subject to penalties as set forth in § 206-7.
C.
Upon written application by an owner, the Code Enforcement Administrator shall grant a waiver of the fee provided for under this § 206-4, but not the registration requirement, in the event any of the following circumstances apply to the vacant property:
(1)
The building is vacant within the meaning of this chapter but is being marketed for sale to the general public in good faith, either by the owner or through a licensed real estate broker. Any waiver granted pursuant to this Subsection C(1) shall be conditioned upon compliance with the following requirements:
(a)
The building and premises surrounding must be cared for in a
safe and sightly manner and be in compliance with all maintenance
and firesafety codes, both state and municipal.
(b)
The premises must be actively marketed to the general public
and be listed for a reasonable price not to exceed 125% of the full
value assessment or of the appraised value as determined by a licensed
real estate appraiser within one year of the then current date. The
owner must be both willing and legally able to convey the premises
to a qualified purchaser for a price not unreasonable in relation
to its fair market value.
(c)
The owner shall provide proof to the Code Enforcement Administrator
that the vacant property is listed for sale with a licensed real estate
broker (copy of MLS listing is suitable proof).
(d)
Failure to comply with any of these provisions at any time during
the period of the waiver will result in the revocation of the waiver.
(2)
The building is vacant within the meaning of this chapter but is being marketed for lease to the general public in good faith, either by the owner or through a licensed real estate broker. Any waiver granted pursuant to this Subsection C(2) shall be conditioned upon compliance with the following requirements:
(a)
The building and premises surrounding must be cared for in a
safe and sightly manner and be in compliance with all maintenance
and firesafety codes, both state and municipal.
(b)
The premises must be actively marketed to the general public
and be available for lease for a reasonable rate. The owner must be
both willing and legally able to lease the premises to a qualified
tenant for a rate not unreasonable in relation to its fair market
value.
(c)
Failure to comply with any of these provisions at any time during
the period of the waiver will result in revocation of the waiver and
the building shall be subject to the registration and fee requirements
of this chapter.
(3)
The building is vacant within the meaning of this chapter and an active building permit has been issued for rehabilitation work to the building and the rehabilitation work necessary for the building to be lawfully occupied. An exemption granted pursuant to this Subsection C(3) shall continue for so long as the permitted work continues at the building but in no case for longer than two years from the date a permit for said work was issued. If work ceases at the building as evidenced by a failure to request and pass inspections pursuant to the aforementioned permits and/or a failure to proceed with work for a period of more than 180 days, the Code Enforcement Administrator may revoke this exemption retroactive to the date the building became vacant. Upon expiration or revocation of this waiver, the building shall be subject to the registration and fee requirements of this chapter.
D.
It shall be the obligation of the owner to demonstrate with sufficient
detail in the written application that the vacant property qualifies
for one of the above exemptions.
E.
Upon written application by an owner, the Common Council may grant a waiver of the fee provided for under this § 206-4, but not the registration requirement, in the event the Common Council finds that there are compelling conditions outside of the owner's control that make it impossible for the owner to rehabilitate and restore the vacant building to productive use within the twelve-month period commencing on the building becoming vacant. An owner's lack of financial resources alone shall not be deemed a compelling condition.
F.
The granting of the fee waiver does not relieve the owner from any
other provisions of this chapter, the Code or any other applicable
property maintenance responsibilities. Should the property for which
the waiver was granted be found in violation of other code requirements
during the waiver period, the property is subject to being cited under
the City Code.
The Code Enforcement Administrator or his designee shall have
authority to inspect any premises in the City for the purpose of determining
whether there exists thereon a vacant building as defined in this
chapter. Such inspection may be conducted by consent of the owner
or upon the issuance of an appropriate court order.
A.
The Fire Department shall establish a written operations procedure
for vacant buildings for the purpose of reducing the risks to firefighting
personnel and to the public during fire suppression operations. Such
procedure may include a system of markings to be placed by the Fire
Department on the exterior of the building to indicate specific safety
concerns therein. A copy of the operations procedure shall be given
to the owner of each registered vacant building, and said owner shall
sign a statement indicating that he or she has received a copy of
the procedure.
B.
The Code Enforcement Administrator shall maintain a record of all
vacant buildings registered or otherwise found to be vacant buildings
as defined in this chapter.
Any person or legal entity who shall violate any of the provisions
of this chapter shall, upon conviction, be guilty of a misdemeanor
as defined by § 10.00, Subdivision (4), of the Penal Law,
and shall be subject to a fine of not less than $1,000 and/or a term
of imprisonment of not less than 15 days but not to exceed one year.
Each day on which a continuing violation exists is considered to be
and may be charged separately as an individual offense.
This chapter shall take effect upon filing with the Secretary
of State of the State of New York.
