[Added 3-25-2021 by L.L. No. 1-2021; amended 2-16-2023 by L.L. No. 1-2023]
A. 
It is the purpose and intent of the Town Board to establish a process to address the deterioration, crime, and decline in value of Town neighborhoods caused by vacant and abandoned property with foreclosing or foreclosed mortgages located within the Town, and to identify, regulate, limit and reduce the number of these properties located within the Town. Vacant structures or structures owned by individuals who are economically strained and unable to meet their mortgage obligations are often not properly or diligently maintained, which contributes to blight, declining property values, and a negative impact on social perception of the residential areas where they are located. It is the Town Board's further intent to establish a registration program as a mechanism to help protect neighborhoods from becoming blighted through the lack of adequate maintenance of properties that are in foreclosure or foreclosed.
B. 
For the purposes of this article, the following terms shall be given the meanings as set forth herein:
DEFAULT
That the mortgagor has not complied with the terms of the mortgage on the property, or the promissory note, or other evidence of the debt, referred to in the mortgage.
ENFORCEMENT OFFICER
Any law enforcement officer, ordinance inspector, applicant and complaint investigator, building official, zoning inspector, code enforcement officer, fire marshal, building inspector, or other person authorized by the Town to enforce the applicable code(s).
FORECLOSURE OR FORECLOSURE ACTION
The legal process by which a mortgagee, or other lien holder, terminates or attempts to terminate a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. The legal process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title, or any other means, is sold to a nonrelated bona fide purchaser in an arm's length transaction to satisfy the debt or lien.
MORTGAGEE
The creditor, including but not limited to, trustees; mortgage servicing companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement; or any other person or entity with the legal right to foreclose on the real property, excluding governmental entities.
PROPERTY MANAGER
Any party designated by the mortgagee as responsible for inspecting, maintaining and securing the property as required in this article.
REAL PROPERTY
Any residential or commercial land and/or buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number, located in the Town limits.
REGISTRABLE PROPERTY
(a) 
Any real property located in the Town that is encumbered by a mortgage subject to an ongoing foreclosure action by the mortgagee or trustee, has been the subject of a foreclosure action by a mortgagee or trustee a matter in which a judgment of foreclosure has been entered or has been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. The designation of a foreclosure property as registrable shall remain in place until such time as the property is sold to a nonrelated bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed.
REGISTRY
A web-based electronic database of searchable real property records, used by the Town to allow mortgagees the opportunity to register properties and pay applicable fees as required in this article.
UTILITIES AND SERVICES
Any utility and/or service that is essential for a building to be habitable and/or perform a service necessary to comply with all Town codes. This includes, but is not limited to, electrical, gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
The Town, or its designee, shall establish a registry cataloging each registrable property within the Town, containing the information required by this article.
A. 
Initial registration pursuant to this section shall contain at a minimum the name of the mortgagee, the mailing address of the mortgagee, email address, and telephone number.
B. 
At the time of initial registration each registrant shall pay a nonrefundable annual registration fee of $75 for each property. Subsequent nonrefundable annual renewal registrations of properties and fees in the amount of $75 are due within 10 days of the expiration of the previous registration. Said fees shall be used to offset the costs of 1) registration and registration enforcement, 2) code enforcement and mitigation related to defaulted properties, 3) post-closing counseling and foreclosure intervention limited to owner-occupied persons in default, which may not include cash and mortgage modification assistance, and 4) for any related purposes as may be adopted in the policy set forth in this article. Said fees shall be deposited to a special account in the Town's department dedicated to the cost of implementation and enforcement of this article, and fulfilling the purpose and intent of this article. None of the funds provided for in this section shall be utilized for the legal defense of foreclosure actions.
C. 
If the registrable property is not registered, or the registration fee is not paid within 30 days of when the registration or renewal is required pursuant to this section, a late fee equivalent to 10% of the annual registration fee shall be charged for every thirty-day period, or portion thereof, the property is not registered and shall be due and payable with the registration.
D. 
Properties subject to this section shall remain subject to the annual registration requirement, and the inspection, security, and maintenance standards of this section as long as the property remains a registrable property.
E. 
Failure of the mortgagee to properly register or to modify the registration to reflect a change of circumstances as required by this article is a violation of this article and shall be subject to enforcement by any of the enforcement means available to the Town.
F. 
If any property is in violation of this article the Town may take the necessary action to ensure compliance with and/or place a lien on the property for the cost of the outstanding obligation and any additional cost incurred to bring the property into compliance.
A. 
Properties subject to this article shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, and any accumulation of newspaper circulars, flyers, or notices, except those required by federal, state, or local law, discarded personal items including, but not limited to, furniture, clothing, large and small appliances, printed material, or any other items that give the appearance that the property is abandoned.
B. 
Registrable property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior structure.
C. 
Front, side, and rear yards, including landscaping, of registrable property shall be maintained in accordance with the applicable code(s).
D. 
Registrable property yard maintenance shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark, or artificial turf/sod. Acceptable maintenance of yards and/or landscape shall not include weeds, gravel, broken concrete, asphalt, or similar material.
E. 
Maintenance shall include, but not be limited to, watering, irrigation, cutting and mowing of required ground cover, and/or landscape and removal of all trimmings.
F. 
Pools and spas shall be maintained so the water remains free and clear of pollutants and debris and shall comply with the regulations set forth in the applicable code(s).
G. 
Failure of the mortgagee and transferees to properly maintain the property as required by this article may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with the applicable code of the Town.
H. 
In addition to the above, the property is required to be maintained in accordance with all applicable code(s) of the Town and all requirements of real property actions and Proceedings Law § 1308.
A. 
Properties subject to these sections shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
B. 
A "secure manner" shall include, but not be limited to, the following:
(1) 
Windows, doors, gates and other openings of such size that may allow a child to access the interior of the property or structure must be closed and locked;
(2) 
Broken windows, doors, gates, and other openings of such size that may allow a child to access the interior of the property or structure must be secured, boarded up, or repaired.
(3) 
Any part of the property that may be deemed an attractive nuisance, including, but not limited to, water features, refrigerator or freezer units, outbuildings, wells, or septic tanks must be secured.
C. 
If a property is registrable, and the property has become blighted, a property manager shall be designated by the mortgagee to perform the work necessary to bring the property into compliance with the applicable code(s), and the property manager must perform regular inspections to verify compliance with the requirements of this article, and any other applicable laws. The name and contact telephone number of the property manager shall be posted in a window facing the street and shall be visible from the street. The posting shall be no less than 18 inches by 24 inches and shall be a font that is legible from a distance of 45 feet.
D. 
In addition to the above, the property is required to be secured in accordance with the applicable code(s) of the Town and all requirements of Real Property Actions and Proceedings Law § 1308.
E. 
Failure of the mortgagee of record to properly inspect and secure a property subject to this article, and post and maintain the signage noted in this section, is a violation and shall be subject to enforcement by any of the enforcement means available to the Town. The Town may take the necessary action to ensure compliance with this section, and recover costs and expenses in support thereof.
The provisions of this article are cumulative with and in addition to other available remedies. Nothing contained in this article shall prohibit the Town from collecting on fees, fines, and penalties in any lawful manner; or enforcing its codes by any other means, including, but not limited to, injunction, abatement, or as otherwise provided by law or ordinance.
All registrable property is at risk of being a public nuisance and, if blighted, can constitute a public nuisance, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare, and safety of the residents of the Town.
A. 
If the enforcement officer has reason to believe that a property subject to the provisions of this article is posing a serious threat to the public health, safety, and welfare, the Code Enforcement Officer may temporarily secure the property at the expense of the mortgagee and may bring the violations before the Town Board as soon as possible to address the conditions of the property. Nothing herein shall limit the Town from abating any nuisance or unsafe condition by any other legal means available to it.
B. 
The Town Board shall have the authority to require the mortgagee affected by this section 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 help prevent further decline of the property.
C. 
If there is a finding that the condition of the property is posing a serious threat to the public health, safety, and welfare, then Town Board may direct the Town to abate the violations and charge the mortgagee with the cost of the abatement.
D. 
If the mortgagee does not reimburse the Town for the cost of temporarily securing the property, or of any abatement directed by the Town Board, within 30 days of the Town sending the mortgagee the invoice then the Town may lien the property with such cost, along with an administrative fee, as determined in the Town's fee ordinance, to recover the administrative personnel services. In addition to filing a lien the Town may pursue financial penalties against the mortgagee.
E. 
The Town may contract with an entity to implement this article, and, if so, any reference to the enforcement officer herein shall include the entity the Town contracts with for that purpose.
Whoever opposes, obstructs, or resists any enforcement officer or any person authorized by the enforcement office in the discharge of duties as provided in this article shall be punishable as provided in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Town to enforce the sections here within shall be immune from prosecution, civil or criminal, for reasonable, good faith entry upon real property while in the discharge of duties imposed by this article.
Unless otherwise provided for in this article, a violation of this article is declared unlawful and shall be punishable by a fine of up to $5,000 per day for each day that the violation continues.
Registration fees and penalties outlined in this article may be modified by resolution, administrative order, or an amendment to this article, passed and adopted by the Town Board.
It is hereby declared to be the intention of the Town that the sections, paragraphs, sentences, clauses, and phrases of this article are severable, and if any phrase, clause, sentence, paragraph, or section of this article shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this article.
All ordinances or parts of ordinances in conflict herewith, are hereby repealed and replaced.
It is the intention of the Town Board that the provisions of this article shall become and be made a part of the Town Code of Ordinances; and that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "chapter," or such other appropriate word or phrase in order to accomplish such intentions.