Unless otherwise expressly stated, the following terms will,
for the purpose of this article, have the meanings indicated in this
section:
OWNER
Those shown to be the owner on the records of the Village
of Perry Assessor's Office, 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, land contract vendee, other person, form or corporation
in control of the premises. Any such person will have a joint and
several obligations for compliance with the provisions of this article.
UNOCCUPIED
A building or portion thereof which lacks the habitual presence
of human beings who have a legal right to be on the premises, including
buildings ordered vacated by a Code Enforcement Officer. In determining
whether a building is unoccupied, the Code Enforcement Officer may
consider these factors, among others:
A.
Whether lawful residential or business activity has ceased;
B.
The percentage of the overall square footage of the occupied
to unoccupied space or the overall number of occupied and unoccupied
units;
C.
The building is substantially devoid of contents or the minimal
value of fixtures or personal property in the building;
D.
The building lacks utility services;
E.
The building is subject to foreclosure action;
F.
Duration of vacancy; and/or
G.
The presence or reoccurrence of code violations.
UNSECURED
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
VACANT BUILDING
A building, or 50% of a building, which is any one or more
of the below:
A.
Unoccupied and unsecured;
B.
Unoccupied and secured by other than normal means;
C.
Unoccupied and is unsafe as determined by the Code Enforcement
Office;
D.
Unoccupied and for which the Code Officer has issued an order
to correct two or more code violations or has authorized the remediation
of two or more violations in a twelve-month period;
F.
Unoccupied for a period of time over 30 days.
The Code Enforcement Officer shall maintain a complete file
on each vacant building in the Village, which shall include, at a
minimum, the vacant building registration form, record of payment
of vacant registration fees, inspection records, records of complaints
or other comments by neighbors, community organizations or others
as to the status or blighting influence of the building, and any photographs
or plans of the vacant building.
If any article, section, subsection, paragraph, sentence, clause
or provision of this article shall be adjudged by any court of competent
jurisdiction to be invalid, such adjudication shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operations
article, section, subsection, paragraph, sentence, clause or provision
thereof directly involved in the controversy in which such judgment
shall have been rendered.
Any ordinance or local law inconsistent with the foregoing be
and the same hereby is repealed.
This article shall take effect with its filing with the New
York State Secretary of State.