[Added 5-4-2021 by L.L. No. 5-2021]
It is the finding of the Board of Trustees that buildings which
remain vacant, or with access points boarded over, are unsightly,
unsafe and have a negative effect on their surroundings. Unfortunately,
many buildings, once boarded, remain that way for many years. The
purpose behind this article is to establish a program for identifying
and registering vacant buildings; to determine the responsibilities
of owners of vacant buildings and structures; and to speed the rehabilitation
of the vacant properties.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have the meanings indicated:
The Building Inspector of the Village of Briarcliff Manor
or his designee.
The Building Inspector of the Village of Briarcliff Manor,
the Assistant Building Inspector, an officer of the Briarcliff Manor
Police Department, or the Superintendent of Public Works.
A building or space that meets or exceeds the New York State
minimum requirements for human occupancy.
Those shown to be the owner or owners on the records of the
Village of Briarcliff Manor Department of Treasurer or Receiver of
Taxes, those identified as the owner or owners on a vacant building
registration form, a mortgagee in possession, a mortgagor in possession,
assignee of rents, receiver, executor, trustee, lessee, other person,
firm or corporation in control of the premises. Any such person shall
have a joint and several obligation for compliance with the provisions
of this article.
A bond, letter of credit, cash escrow or other acceptable
form of guaranty, as determined by the Board of Trustees, to cover
the Village's potential cost of correcting code violations or
abating unsafe or imminently dangerous conditions.
A building or portion of a building which is open, accessible
or may create an attractive nuisance.
Any building, structure or portion thereof designed or used
for residential or commercial purposes which is substantially empty
of personal property necessary to sustain normal occupancy or has
been unoccupied or unused i) 180 days in the case of a residential
use single-family residence; or ii) 60 days in all other cases. Additionally,
a vacant building may include any building, structure or portion thereof
that is unoccupied or unfurnished so as to be uninhabitable as determined
by the Building Inspector, or any appropriate county or state agency,
or is being used or occupied for any purpose that is unlawful within
the Village of Briarcliff Manor.
A.
The owner shall register with the Building Department not later than
30 days after any building located in the Village becomes a vacant
building or not later than 10 days after determination of vacancy
by an enforcement officer. The enforcement officer may identify vacant
buildings through on-site observation and inspection, as well as through
affirmation of residents, neighborhood associations and other community
groups. The owner shall register the property annually with the Building
Department within the first 31 days of each year.
B.
The registration shall be provided on forms provided by the Building
Department and shall include, among other matters, the following information
supplied by the owner:
(1)
A description of the premises, address, block and lot number;
(2)
The names, contact address, and phone numbers of the owners;
(3)
The name, address and phone number of any person contracted by the
owner for property management;
(4)
The names, addresses, and phone numbers of all known lienholders
and all other parties holding an ownership interest in the property;
and
(5)
A cell number where a responsible person and owner can be reached
at all times.
C.
The owners shall submit a vacant building plan which must meet the
approval of the Building Department. The plan, at a minimum, must
contain information from one of the following three choices for the
property:
(1)
If the building is to be demolished, a demolition plan under a permit
application filed with the Building Department, indicating the proposed
time frame for the building to be demolished, an affidavit executed
by the owner that he will assume all costs associated with the demolition,
and a performance guaranty.
(2)
If the building is to remain vacant, a plan for the securing of the
building in accordance with standards provided by the Building Department;
if applicable, such plans must be filed along with the procedure that
will be used to maintain the property in accordance with the Village's
Building Code, and a statement of the reasons why the building will
be left vacant and for what time period the building will be vacant,
and a performance guaranty, all of which must be acceptable to Building
Inspector.
(3)
If the building is to be returned to appropriate occupancy or use,
a rehabilitation plan for the property and a performance guaranty
shall be provided. The rehabilitation plan shall be subject to the
approval of the Building Inspector, and must be completed within six
months, or other such time as granted by the Building Inspector. Any
proposed revisions or delays to the rehabilitation plan must be submitted
in writing and approved by the Building Inspector. Any repairs, improvements
or alterations to the property must comply with all applicable zoning,
housing, historic preservation or building codes, and the property
or building must be secured to the satisfaction of the Building Inspector
during the rehabilitation or until a new certificate of occupancy
has been issued.
D.
The owner shall notify the Building Department of any changes in
information supplied as part of the vacant building registration within
30 days of such change.
E.
Any new owners shall be required to register the vacant building
with the Building Department within 30 days of any transfer of an
ownership interest in a vacant building. The new owners shall comply
with the approved plan, the performance guaranty, if required, and
the timetable submitted by the previous owner until any proposed changes
are submitted and meet the approval of the Building Inspector.
F.
Any person owning, or having charge or control of, any vacant building
shall remove all combustible materials, including waste and refuse,
therefrom, and lock, barricade, guard continuously or otherwise secure
all windows, doors and other openings in the building to prevent entry
by unauthorized persons.
G.
In vacant or unoccupied buildings or portions thereof, all required
sprinkler, standpipe and fire and smoke alarm systems and all component
parts shall be maintained in operating condition at all times.
H.
Where any door, window or other means of ingress or egress from a
vacant building or structure has become broken or unsecure or otherwise
fails to prevent entry to the building, the property owner shall promptly
make repairs, and the Building Inspector may order the building or
structure repaired so as to comply with the requirements detailed
in this article.
I.
Exterior doors shall remain locked, and all openings shall be boarded up as detailed in Subsection J when deemed by the Building Inspector to be necessary for the protection of the public health, safety and welfare. Doors and glass windows of vacant buildings shall be maintained in good condition appropriate to the architecture of the building and shall provide appropriate window dressings where the Building Inspector has deemed it necessary to shield the public's view into the vacant building. Appropriate window dressings shall not include newspaper, white window paint or any visually displeasing substance. All show windows and glazed doors shall be periodically washed and maintained in a clean and sanitary condition. All cracked or broken show windows or glazed doors shall be repaired or replaced as necessary.
J.
All openings shall be fitted with boards cut to actual size with
new material of either plywood or pressboard having a minimum thickness
of 1/2 inch and retained in place by affixing two inches by four inches
top, bottom and center on the exterior in a neat and workmanlike manner.
All plywood or pressboard used in boarding up shall be painted in
a color and quality of paint subject to the approval of the Building
Inspector.
K.
All storefronts shall be kept in good repair, painted where required,
and shall not be permitted to become a safety hazard or nuisance.
In the event that repairs to a storefront become necessary, such repairs
shall be made so as to permanently repair the damaged areas. Any cornice
visible above a storefront shall be kept painted and otherwise in
good condition and repair.
L.
The owner or other responsible party for the maintenance of a vacant
building shall take such steps as may be required to ensure that the
building and any adjoining yard on the premises remains secure and
does not present a hazard to adjoining properties or the public. Each
floor area within the vacant building shall maintain at least one
means of egress which complies with the New York State Fire Prevention
and Building Code, as may be revised.
M.
The floor area of each vacant building shall be lighted by no less
than a twenty-five-watt light fixture, or an equivalent energy-efficient
bulb.
N.
All customized signs and associated hardware shall be removed within
60 days after a commercial occupancy becomes vacant.
O.
Vacant building fees.
(1)
The owner of a vacant building shall pay an annual fee, as determined
by a resolution of the Board of Trustees and published in the Master
Fee Schedule, for any building that remains vacant for more than 60
days of any year. The fee shall be paid within 30 days after the building
becomes vacant. Any fee not paid within such time shall be subject
to interest and penalties. The fee shall be reasonably related to
the administrative costs for registering and processing the vacant
building owner registration form and for the costs of the Village
in monitoring the vacant building site.
(2)
The first annual fee shall be paid no later than 30 days after the
building becomes vacant.
(3)
If the fee is not paid within 30 days of being due, the owner shall
be subject to a penalty of $200 per month and prosecution in court.
If a plan is extended beyond 365 days, subsequent annual fees shall
be due on the anniversary date. Any fee not paid at this time shall
be subject to payment of an additional penalty of $200 per month for
each month the fee remains unpaid, such additional penalty coming
due on the first day of each month. After six months, if the fee still
remains unpaid, the penalty will increase by $200 per month for each
month the fee remains unpaid, until the penalty reaches the amount
of $4,000, at which point it will remain until the matter is resolved.
If any penalty is not paid within 30 days of the due date, the owner
shall be subject to prosecution in court. Any outstanding fees may
be assigned as a lien against the property.
(4)
All outstanding fees shall be paid in full prior to the issuance
of any permits issued by the Building Department, with the exception
of any demolition permit.
Any property on which a building permit has been received and
is being actively developed shall be exempt from the registration
requirement for a period of six months from the date of the written
request for an exemption which has been submitted to the Building
Department. If additional time is needed, the Building Department
may grant one additional exemption by which time the work on the building
shall be completed. The written request shall include the following
information supplied by the owner:
A.
The Building Department, Police Department, and Department of Public
Works may inspect any premises in the Village for the purposes of
enforcing and assuring compliance with the provisions of this article,
and at any time in the event of an emergency. Upon the request of
the enforcement officer, an owner shall provide access to all interior
portions of an unoccupied or vacant building in order to permit a
complete inspection. If an owner refuses to allow such inspection,
the Village shall promptly seek a warrant for such administrative
inspection from a court of competent jurisdiction.
B.
The Building Inspector shall do periodic inspections of each vacant
building or unit. The Building Inspector shall also submit a biannual
report, no later than April 15 and October 15 of each year, to the
Board of Trustees, listing all buildings declared vacant under the
provisions of this article and the date upon which the buildings or
units were declared vacant and whether a building plan has been filed.
The report shall include a list of all previously declared vacant
buildings which are no longer subject to the provisions of this article.
A.
Any person, owner, corporation and/or agent aggrieved by the service
of a notice and order detailed in this article may appeal the notice
and order, including any requirement to undertake repairs, vacate
the building or structure and/or demolish the building or structure,
to a court of competent jurisdiction made within 30 days of such notice.
B.
The appellant shall transmit a copy of such notice to the Village
Clerk of Briarcliff Manor and the Village Attorney immediately upon
filing.
C.
No appeal shall be considered after expiration of the thirty-day
period following notice and order by the Village.
Any person violating any of the provisions of this article shall,
upon conviction thereof, be subject to a minimum fine of $500 and
a maximum fine of $1,000 per offense. Every violation of any provision
of this article shall be a separate and distinct offense, and in the
case of a continuing violation, each day of continuing violation thereof
shall be deemed to be a separate and distinct offense.
