[Added 3-22-2022 by L.L. No. 4-2022]
This Article XII shall be titled: "Registration of Defaulted and Vacant Properties."
It is the purpose and intent of the Board to establish a process to address the deterioration, crime and decline in value of neighborhoods of the Town of Clarkstown caused by property with defaulted mortgages located within the Town, and to identify, regulate, limit and reduce the number of these properties located within the Town. It is the Board's further intent to establish a registration requirement as a mechanism to protect neighborhoods from the negative impact and conditions that occur as a result of vacancy, absentee ownership, lack of adequate maintenance and security, and will provide a method to expeditiously identify a contact person for each property responsible for this protection and to enable the Town to identify the owners in default and provide them with the identification of potentially helpful services.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ACCESSIBLE PROPERTY/STRUCTURE
A property that is accessible through a compromised/breached gate, fence, wall, etc., or a structure that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
ANNUAL REGISTRATION
Twelve months from the date of the first action that requires registration, as determined by the Town, or its designee, and every subsequent 12 months the property is registrable. The date of the initial registration may be different than the date of the first action that required registration.
[Added 6-11-2024 by L.L. No. 6-2024]
APPLICABLE CODES
To include all applicable federal, state, and local laws, codes, rules and regulations, and specifically including, but not limited to, the Town's Zoning Code, the New York State Building and Fire Code, and the New York State Property Maintenance Code.
BLIGHTED PROPERTY
A. 
Properties that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing; or
B. 
Properties whose maintenance is not in conformance with the maintenance of other neighboring properties causing a decrease in value of the neighboring properties; or
C. 
Properties cited for a public nuisance and/or building or fire code violations, pursuant to state law or the Town of Clarkstown Town Code; or
D. 
Properties that endanger the public's health, safety, or welfare because the properties or improvements thereon are dilapidated, deteriorated, or violate minimum health and safety standards or lack maintenance as required by the applicable codes.
DEFAULT
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, Code Enforcement Officer, Fire Inspector or Building Inspector, or other person authorized by the Town to enforce applicable code provisions.
EVIDENCE OF VACANCY
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 are not limited to: overgrown and/or dead vegetation; past-due utility notices and/or disconnected utilities; accumulation of trash, junk or debris; abandoned vehicles, auto parts or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail, or statements by neighbors, passersby, delivery agents or government agents; or the presence of boards over doors, windows or other openings in violation of applicable laws, codes, rules, or regulations.
FORECLOSURE
The legal process by which a mortgagee, or other lienholder, terminates 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. This definition shall include, but is not limited to, public notice of default, a deed in lieu of foreclosure, sale to the mortgagee or lienholder, certificate of title and all other processes, activities and actions, by whatever name, associated with the described process. The process is not concluded until the property obtained by the mortgagee, lienholder, 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.
LOCAL PROPERTY MANAGEMENT COMPANY
A property manager, property management company or similar entity responsible for the maintenance and security of registrable real property within 10 driving miles of the Town limits. Upon review of credentials, the Town of Clarkstown, or its designee, may allow a nonlocal property manager to be listed.
MORTGAGEE
The creditor, including, but not limited to, trustees; mortgage service 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, excluding governmental entities.
OWNER
Any person, firm, corporation or other legal entity who, individually or jointly or severally with others, holds the legal or beneficial title to any building, facilities, equipment or premises subject to the provisions of this chapter.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or similar entity responsible for the maintenance of registrable real property.
REAL PROPERTY
Any improved 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. Developed lots are considered improved land.
REGISTRABLE PROPERTY
A. 
Any real property located in the Town, whether vacant or occupied, that is encumbered by a mortgage subject to an ongoing foreclosure action by the mortgagee or trustee, 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 default/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.
B. 
Any property that is vacant for more than 30 days or any cancellation of utility or service, whichever occurs first.
RENTAL PROPERTY
Property that contains a single-family rental dwelling unit or multifamily rental dwelling units for use by residential tenants, including but not limited to the following: mobile homes, mobile home spaces, townhomes and condominium units. A rental dwelling unit includes property that is provided to an individual or entity for residential purposes upon payment of rent or any other consideration in lieu of rent, regardless of relationship between lessor and lessee.[1]
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.
VACANT
Any parcel of land in the Town that contains any building or structure that is not lawfully occupied or inhabited by human beings as evidenced by the conditions set forth in the definition of "evidence of vacancy" above which is without lawful tenant or lawful occupant or without a certificate of occupancy. "Vacant property" does not mean property that is temporarily unoccupied while the residents are away on vacation, personal matters or business, or is not intended by the owner to be left vacant, so long as the period does not exceed 30 days.
[1]
Editor's Note: The former definition of "semiannual registration," which immediately followed, was repealed 6-11-2024 by L.L. No. 6-2024.
These sections shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather be an additional remedy available to the Town above and beyond any other state or local provisions for same.
Pursuant to the provisions of this chapter, the Town of Clarkstown, or its designee, shall establish a registry cataloging each registrable property within the Town, containing the information required by this chapter.
A. 
Any mortgagee who holds a mortgage on real property located within the Town shall perform an inspection of the property to determine vacancy or occupancy, upon default by the mortgagor as evidenced by a foreclosure filing. The mortgagee shall, within 10 days of the inspection, register the property with the Town, or its designee, on forms or other manner as directed, and indicate whether the property is vacant or occupied. A separate registration is required for each property, whether it is found to be vacant or occupied.
B. 
Registration pursuant to this section shall contain the name, direct mailing address, a direct contact name, telephone number, and email address for the mortgagee/trustee, and the servicer, and the name and twenty-four-hour contact phone number of the local property management company responsible for the security and maintenance of the property who has the authority to make decisions concerning the abatement of nuisance conditions at the property, as well as any expenditure in connection therewith.
C. 
Each individual property on the registry that has been registered for 12 months or more prior to the effective date shall have 30 days to renew the registration and pay the nonrefundable annual registration fee. Properties registered less than 12 months prior to the effective date shall renew the registration every 12 months from the expiration of the original registration renewal date and shall pay the nonrefundable annual registration fee.
[Amended 6-11-2024 by L.L. No. 6-2024]
D. 
If the mortgage on a registrable property is sold or transferred, the new mortgagee is subject to all the terms of this chapter and within 10 days of the transfer must register or update the existing registration for the property in accordance with this chapter. Any previous unpaid annual registration fees are the responsibility of the new mortgagee or trustee and are due and payable with their initial registration.
E. 
If the mortgagee owner of a foreclosed real property sells or transfers the property to a non-arm's-length related person or entity, the transferee is subject to all the terms of this chapter and within 10 days of the transfer must register the property or update the existing registration for the property in accordance with this chapter. Any previous unpaid annual registration fees are the responsibility of the new registrable property owner and are due and payable with their initial registration.
[Amended 6-11-2024 by L.L. No. 6-2024]
F. 
As long as the property is registrable, it shall be inspected by the mortgagee, or designee, monthly. If an inspection shows a change in the property's occupancy status, the mortgagee shall, within 10 days of that inspection, update the occupancy status of the property registration.
G. 
A nonrefundable annual registration fee, established by resolution by the Town Board, shall accompany each registration pursuant to this section.
[Amended 6-11-2024 by L.L. No. 6-2024]
H. 
If the foreclosing or foreclosed 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, established by resolution by the Town Board, 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.
[Amended 6-11-2024 by L.L. No. 6-2024]
I. 
This section shall also apply to properties that have been the subject of a foreclosure sale where title is transferred to the mortgagee as well as any properties transferred to the mortgagee under a deed in lieu of foreclosure or by any other legal means.
J. 
All registration fees must be paid directly from the mortgagee, trustee, servicer or owner. Third-party registration fees are not allowed without the consent of the Town of Clarkstown and/or its authorized designee.
K. 
Properties subject to this section shall remain under the annual registration requirement, and the inspection, security and maintenance standards of this section as long as they are registrable.
[Amended 6-11-2024 by L.L. No. 6-2024]
L. 
Until the mortgage or lien on the property in question is satisfied, or legally discharged, the desire to no longer pursue foreclosure, the filing of a dismissal of lis pendens and/or summary of final judgment and/or certificate of title, voluntary or otherwise, does not exempt any mortgagee holding the defaulted mortgage from all the requirements of this chapter as long as the borrower is in default.
M. 
Any person or legal entity that has registered a property under this section must report any change of information contained in the registration within 10 days of the change.
N. 
Failure of the mortgagee to properly register or to modify the registration form from time to time to reflect a change of circumstances as required by this chapter is a violation of the chapter and shall be subject to enforcement and any resulting monetary penalties.
O. 
Pursuant to any administrative or judicial finding and determination that any property is in violation of this chapter, the Town may take the necessary action to ensure compliance with and place a lien on the property for the cost of the work performed to benefit the property and bring it into compliance.
P. 
Registration of foreclosure property does not alleviate the mortgagee and/or owner from obtaining all required licenses, permits and inspections required by applicable code or state statutes. Acquisition of required licenses, permits and inspections or registration of rental property does not alleviate the requirement for the property to be registered under this section. The mortgagee and/or owner is expected to update the status of the property in the event of a mortgagee-managed rental.
A. 
Any owner of vacant property located within the Town shall, within 45 days after the property becomes vacant, register the real property with the Town registry.
B. 
Initial registration pursuant to this section shall contain at a minimum the name of the owner, the mailing address of the owner, email address and telephone number of the owner, and, if applicable, the name and telephone number of the property manager and said person's address, email address, and telephone number.
C. 
At the time of initial registration, each registrant shall pay a nonrefundable annual registration fee for each vacant property. Subsequent nonrefundable annual renewal registrations of vacant properties and fees 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 vacant properties, and 3) for any related purposes as may be adopted in the policy set forth in this chapter. Said fees shall be deposited to a special account in the Building Department to fulfill the purpose and intent of this chapter.
[Amended 6-11-2024 by L.L. No. 6-2024]
D. 
If the property is sold or transferred, the new owner is subject to all the terms of this chapter. Within 10 days of the transfer, the new owner shall register the vacant property or update the existing registration. The previous owner(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that owner's involvement with the vacant property.
E. 
If the vacant property is not registered, or either the registration fee or the annual registration fee is not paid within 30 days of when the registration or annual registration is required pursuant to this section, a late fee, established by resolution by the Town Board, 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. This section shall apply to the initial registration and registrations required by subsequent owners of the vacant property.
[Amended 6-11-2024 by L.L. No. 6-2024]
F. 
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 is vacant.
[Amended 6-11-2024 by L.L. No. 6-2024]
G. 
Failure of the owner to properly register or to modify the registration to reflect a change of circumstances as required by this chapter is a violation of this chapter and shall be subject to enforcement by any of the enforcement means available to the Town.
H. 
If any property is in violation of this chapter, the Town may take the necessary action to ensure compliance with and place a lien on the property for the cost of the outstanding obligation and any additional cost incurred to bring the property into compliance.
I. 
Properties registered as a result of this section are not required to be registered again pursuant to the foreclosure mortgage property section.
Properties subject to this chapter shall be maintained in accordance with §§ 157-37 through 157-42 of the Town Code.
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 closure and locking of windows, doors, gates and other openings of such size that may allow a child to access the interior of the property or structure. 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 repaired. Broken windows shall be secured by reglazing of the window.
C. 
If a property is registrable, and the property has become vacant or blighted, a local property manager shall be designated by the mortgagee or owner 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 chapter and any other applicable laws.
All registrable property is hereby declared to be 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 of Clarkstown.
Adherence to this chapter does not relieve any person, legal entity or agent from any other obligations set forth in any applicable laws, codes, rules, or regulations which may apply to the property.
A. 
If the enforcement officer has reason to believe that a property subject to the provisions of this chapter 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 or owner, and may bring the violations before the Town Court as soon as possible to address the conditions of the property.
B. 
The Town shall have the authority to require the mortgagee or owner 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, 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 the Town may abate the violations and charge the mortgagee or owner with the cost of the abatement.
D. 
If the mortgagee or owner does not reimburse the Town for the cost of temporarily securing the property, or of any abatement directed by the Code Enforcement Officer or court, within 30 days of the Town sending the mortgagee or owner 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 can pursue financial penalties against the mortgagee or owner.
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 chapter shall be punishable as provided by applicable state law or by 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 chapter.
A. 
Enforcement. The requirements of this chapter may be enforced as follows:
(1) 
By citation for civil penalties pursuant to, or to appear in court pursuant to, the authority granted by applicable state law;
(2) 
By an action for injunctive relief, civil penalties, or both, through a court of competent jurisdiction;
(3) 
By exercise of the Town's powers of eminent domain, or by condemnation and demolition pursuant to Chapter 111 of this Code, or by the nuisance abatement process;
(4) 
By revocation or temporary suspension of necessary permits and/or certificates or occupancy and/or licenses;
(5) 
By any other process permitted at law or equity; and
(6) 
Use of one enforcement process or theory does not preclude the Town from seeking the same, different, or additional relief through other enforcement methods.
B. 
Separate offenses. A violation of this chapter shall constitute a separate offense for each day it shall continue or recur. Each condition which exists in violation of this chapter is a separate violation.
C. 
Each day a property remains unregistered when required to be registered by this chapter is a separate offense for each day it shall continue or recur.
D. 
Each day a property is not inspected as required by this chapter is a separate offense.
E. 
Each day a property is not secured as required by this chapter is a separate offense.
F. 
Each day a condition violating the Town's minimum housing codes or property maintenance codes exists on a property subject to registration under this chapter is a separate offense.
G. 
Persons responsible for violations. The owner, mortgagee, trustee or servicer, as those terms are defined in this chapter and their duly authorized officers, employees or agents employed in connection therewith who have assisted in the commission of the violation or failed to perform as required by this chapter shall be guilty of the violation.
H. 
Violations of any part of this chapter shall result in penalties of up to $100 per day as long as the violation exists, and shall not exceed $5,000 per year.