[HISTORY: Adopted by the Common Council of the City of Amsterdam 11-2-2020 by Ord. No. 8-2020. Amendments noted where applicable.]
This chapter shall be known as and referred to as the "Vacant
Building Ordinance of the City of Amsterdam, New York."
The City Council recognizes that vacant buildings quickly become
unsightly and unsafe and have a negative effect on property values,
appearance and quality of life in their respective neighborhoods.
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.
Unless otherwise expressly stated, the following terms are for
this chapter defined as follows:
A condition in which the building, structure, or any part
thereof is an imminent danger to the health or safety of first responders,
the general public or occupants thereof, legal or illegal. Determining
factors include but are not limited to the following: fire hazards,
falling or dilapidated structures or parts thereof, loss of water,
heat, ventilation, unsanitary conditions, chemical contamination or
biological hazard.
Any duly authorized code enforcement officer of the City
of Amsterdam.
Such person, persons or entity holding title according to
the records of the Clerk of the County of Montgomery or the Assessor
of the City of Amsterdam, a mortgagee in possession, a mortgagor in
possession, an assignee of rents, a receiver, executor, administrator,
trustee, lessee, or any other person or entity in control of or responsible
for the maintenance and upkeep of the premises either by title or
by contract.
Secured by any means other than those indicated in the design
and approved plans for the structure or secured by a temporary mechanism
such as a tarp or temporary covering.
A building shall be deemed unoccupied when it, or any portion
thereof, lacks, for any reason, the habitual presence of human beings
who have a legal right to be on the premises; this shall include any
building or structure ordered vacated by an enforcement officer. For
purposes of this definition, an outbuilding or ancillary structure
such as a garage or shed which is clearly associated with the principal
structure of the premises shall be deemed a portion of the principal
structure. In determining whether a building is unoccupied, an enforcement
officer may consider the following factors:
Whether lawful residential or business activity has ceased.
The percentage of interior space of the building which is occupied
in comparison to unoccupied.
The presence or absence of fixtures, accessories or personal
property.
The presence or lack of utility services.
The legal status of the premises in terms of either tax or mortgage
foreclosure.
The existence, magnitude and/or duration of code violations.
The character and use of that portion of the space which is
occupied.
Any other factor relevant to general habitability of the premises.
A building is unsecured when any portion of it is open to
entry by nondomesticated animals or by unauthorized persons without
the use of tools or ladders.
Any building, a portion of a building or a structure which
is any one or more of the following:
Unoccupied and unsecured.
Unoccupied and secured by other than normal means.
Unoccupied and unsafe as determined by an enforcement officer.
Unoccupied and an enforcement officer has determined it is in
violation of Code.
Occupied by persons with no legal authority to occupy.
Unoccupied for a period of more than 30 days.
A.Â
Registration and notice. The owner of a vacant building will register
with the City Fire Chief or Code Enforcement Officer no later than
30 days after such building becomes a "vacant building" as defined
above. Any enforcement officer may identify vacant buildings in the
course of routine inspections or through notification by members of
the general public that a building may be vacant and requiring registration.
In the event such building is determined to be a vacant building and
is not duly registered, an enforcement officer will notify any owner
of the property, as defined above, by either personal service or by
first-class mail. From the time of personal service or from three
business days after first-class mail is postmarked, the owner shall
have 30 days to duly register the property as herein set forth.
B.Â
Registration, form and content. Registration will be submitted on
an official form provided by the City Fire Chief or Code Enforcement
Officer. Registration forms will be available at the office of the
City Clerk, 61 Church Street, Amsterdam, New York, and also in downloadable
form on the City's website. Registration must include the following
information:
(1)Â
A description of the premises: street address, square footage, number
of stories, approximate age of building and most recent use.
(2)Â
The names, addresses and telephone numbers of the owner or owners.
If the owner is a corporation, limited-liability company or partnership,
the address for each director, manager or partner, as the case may
be.
(3)Â
Any and all information regarding for registered agents as required by Chapter 156 of the Amsterdam City Code.
(4)Â
The names and addresses of all known lienholders and any other party
with an equitable or security interest in the property.
(5)Â
The name, address and telephone number of a responsible natural person
who can be reached at all times during business and nonbusiness hours.
(6)Â
A vacant building plan as described below.
(7)Â
For purposes of this chapter, all addresses must be physical and
include street, number, city and postal code. A post office box is
not acceptable.
C.Â
Vacant building plan description and content. The owner must submit
a building plan to be approved by both the City Fire Chief and Code
Enforcement Officer, and which shall consist of an election by the
owner to proceed in one of three ways as follows:
(1)Â
Demolition, in which case a demolition plan must be included setting
forth the manner of demolition and the proposed time frame for completion.
(2)Â
Continued vacancy, in which case a plan for securing the building
in accordance with the requirements described below and for maintaining
the building and grounds in accordance with all maintenance standards
required by the Amsterdam City Code and the International Building
Code shall be included. Also included must be a statement as to the
reasons for leaving the building vacant.
(3)Â
Rehabilitation and return to appropriate use, in which case a rehabilitation
plan must be included setting forth the manner and time frame for
completion. Such plan must be in sufficient detail as required by
the City Codes Department for issuance of a building permit. The plan
must therefore comply with all applicable zoning, housing, historic
preservation and building codes of both the City of Amsterdam and
the State of New York.
D.Â
Changes in plans or circumstances. The owner will notify the City
Fire Chief or Code Enforcement Officer, in writing, of any changes
in information originally supplied in the registration form, including
any change in ownership, agency or responsible party, within 15 days
of the change. If the plan or timetable for the vacant building changes
in any way, the changes must also be reported, in writing, and be
approved by the Fire Chief or Code Enforcement Officer.
E.Â
Maintenance requirements.
(1)Â
The owner and any subsequent owner will keep the building secured and safe, and will keep both the building and grounds properly maintained in accordance with the requirements of Ch. 180, Property Maintenance, as well as the International Building Code. Additionally, the owner will take such further steps and perform such acts as may be required by the Fire Chief or other Code Enforcement Officer to ensure that the building and grounds remain safe and not a hazard to owners or occupants of adjoining properties or the general public.
(2)Â
In the event of failure of the owner or any subsequent owner to fully
comply with the within maintenance requirements, the City shall have
authority to:
A.Â
Initial registration fee: The owner of a vacant building will pay
a registration fee as set forth in a fee schedule which shall be adopted
annually or at any time during the course of a fiscal year by resolution
of the City Council. Such initial registration fee shall be due and
payable upon registration, to wit: no later than 30 days after a building
becomes a vacant building.
B.Â
Continuing annual vacancy fee: In the event that for any reason the
building remains vacant, the owner will also pay an annual vacant
building fee, the amount of which shall be set forth in the duly adopted
fee schedule referred to above. Such fee schedule shall provide for
different amounts depending upon the number of years the building
remains vacant.
A.Â
A registered rehabilitation plan will not exceed 365 days and will
include progress benchmarks for at least every four months. Failure
to complete work required in the progress benchmarks will require
payment of additional penalties, which shall be set forth in the duly
adopted fee schedule referenced above, unless an extension is granted
by the Fire Chief or Code Enforcement Officer for good cause shown
after submission of a written application by the owner.
B.Â
In the event that the rehabilitation plan is not completed and the
building is not restored to appropriate use within a period of 365
days from the date of initial registration, the annual vacant building
fee will be imposed in accordance with the duly adopted fee schedule
referenced above.
A.Â
Penalties for violation.
(1)Â
Any person violating the provisions of this chapter shall be subject
to a fine of not less than $250 nor more than $1,000 or imprisonment
not to exceed 15 days or both. Each day a violation continues shall
be deemed a separate offense.
(2)Â
The term "person" as used herein shall include any owner, occupant,
mortgagee or vendee in possession, assignee of rents, receiver, executor,
administrator, trustee, lessee, agent or any other person or entity
directly or indirectly in control of the building or part thereof
or responsible for its maintenance or upkeep either by title or by
contract.
B.Â
Payment requirements. All fees and penalties set forth herein or
in the duly adopted fee schedule are to be delivered by mail or in
person to the office of the City Controller, City Hall, 61 Church
Street, Amsterdam, New York 12010. Failure to pay any amount within
30 days of its due date will incur an additional charge of 2% of the
unpaid amount per month. A processing fee will be charged for each
check returned unpaid for insufficient funds or any other reason.
C.Â
Consequences of nonpayment. Upon application to Amsterdam City Court,
amounts unpaid, whether as a fee, fine or penalty, shall be added
to the tax roll for the applicable parcel for the tax year subsequent
to the imposition of the fee, fine or penalty, and will include an
additional fee for processing. Unpaid amounts may also, upon such
due application, be reduced to money judgment against any and all
owners.
A.Â
Recordkeeping. All registration forms, submitted plans and records
of correspondence for each vacant property will be kept as official
records in the office of the Fire Chief or Code Enforcement Officer.
Any and all property-specific written statements from community organizations,
citizens or other interested parties regarding the history, problems,
status or blighting influence of the vacant building shall also be
kept as part of the file.
B.Â
Annual report. Each year the Fire Chief shall send to the Mayor and
City Council a list of all buildings within the City declared vacant
pursuant to 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 City's website.
A.Â
Extreme damage due to fire or other casualty. A building which has
suffered fire damage or damage caused by extreme weather conditions
will be exempt from the registration requirements for a period of
90 days after the date of the said fire or casualty. However, to obtain
such exempt status, the property owner must submit a request for exemption,
in writing, to the Fire Chief or Code Enforcement Officer. Such request
must include the following information:
B.Â
Active marketing in good faith. In the event that a 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 realtor, the owner thereof may apply for an exemption from all fees.
The application shall be submitted to the Fire Chief or Code Enforcement
Officer with the registration form above described. Requirements for
eligibility are as follows:
(1)Â
The building and premises surrounding must be cared for in a safe
and not unsightly manner and be in compliance with all maintenance
and firesafety codes, both state and municipal.
(2)Â
The property must be actively marketed to the general public.
(3)Â
The owner must be in good faith and be both willing and able to convey
the property to a qualified purchaser for a price not unreasonable
in relation to its fair market value.
