[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.
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.
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]
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.
Properties that have broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
or
Properties whose maintenance is not in conformance with the
maintenance of other neighboring properties causing a decrease in
value of the neighboring properties; or
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
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.
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.
Any law enforcement officer, Code Enforcement Officer, Fire
Inspector or Building Inspector, or other person authorized by the
Town to enforce applicable code provisions.
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.
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.
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.
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.
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.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of registrable 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.
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.
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first.
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]
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.
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.
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.
