[Added 7-6-2022 by Ord. No. 51]
It is the finding of the Common Council that vacant buildings, by nature of their vacancy, impose disproportionate costs on the neighborhoods in which they are located and on the City of Utica at large. The purpose of this article is to provide City personnel with the knowledge they need to mitigate these costs and incentivize the owners of vacant buildings to rehabilitate and return them to occupancy.
Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated in this section:
CHIEF BUILDING OFFICER
The person so designated by the Mayor, who is generally the Commissioner of Codes, or, in the absence of such Commissioner, the Chief Building Inspector for the City of Utica.
ENFORCEMENT OFFICER
A duly authorized representative of the Department of Codes Department.
OWNER
Those shown to be the owner or owners on the records of the City of Utica Department of Assessment, those identified as the owner or owners on a vacant building registration form, a mortgagor in possession, assignee of rents, receiver, executor, trustee, lease, or other person, firm or corporation in control of the premises. Any such person shall have a joint and several obligations for compliance with the provisions of this article.
VACANT BUILDING
Any building in which no occupant lawfully resides or no tenant is in lawful possession, or any building otherwise not being used for any lawful occupancy. For purposes of this article, buildings temporary unoccupied due to the temporary absence of the lawful owner shall not be considered vacant. Neither shall buildings used as guest houses (whether freely given or paid for), and thereby sometimes occupied and sometimes not, be considered vacant.
(a) 
An owner of a vacant building shall register such building with the Codes Department immediately and renew said registration annually thereafter until the building is no longer vacant.
(b) 
The registration shall be submitted on forms provided by the Codes Department and shall include the following information supplied by an owner:
(1) 
The property addresses;
(2) 
The Tax Map identification (section, block and lot) number associated with the parcel improved by the building or structure;
(3) 
The names, addresses, email addresses, and telephone numbers of all owners;
(4) 
The name, address, email address and telephone number of a person who resides in Oneida County or an adjoining county and who has the authority to act on the owner's behalf regarding the property in the event of an emergency;
(5) 
The names and addresses of all known lienholders and all other parties with an ownership interest in the building and a statement indicating whether the property is the subject of any mortgage or tax foreclosure;
(6) 
A statement as to whether the owner intends or owners intend to rehabilitate and reoccupy the building or, if not, a statement as to how the owner intends or owners intend to dispose of the property;
(7) 
If the owner is a corporate entity, including, but not limited to, a corporation, limited liability corporation, professional limited liability company, or limited liability partnership, the name, address, email, and telephone number of an agent responsible for maintenance of the property, at least one active officer, partner and/or member of such entity, the registered address for the entity, and the state on which the entity is registered; and
(8) 
Proof of property insurance. This requirement may be waived by the Chief Building Official upon a showing by the applicant that such insurance is not available for the subject property.
(c) 
As a condition of registration, all applicable laws and codes shall be complied with by the owner. The owner shall notify the enforcement officer of any changes in information supplied as part of the vacant building registration within 30 days of the change.
(d) 
A new owner shall register or reregister a vacant building with the enforcement officer within 30 days of any transfer of an ownership interest in a vacant building.
(e) 
Vacant building registration fees.
(1) 
The owner of a vacant building shall pay an annual fee as set forth in Subsection (e)(2) of this section for the period the building remains a vacant building.
(2) 
Fee schedule.
a. 
For residential buildings of one to three units:
1. 
For the first year: $250.
2. 
For the second year: $500.
3. 
For the third year: $750.
4. 
For each subsequent year: $1,000.
b. 
For residential buildings of four to six units, and mixed commercial and residential buildings of two or three residential units:
1. 
For the first year: $500.
2. 
For the second year: $1,000.
3. 
For the third year: $1,500.
4. 
For each subsequent year: $2,000.
c. 
For residential buildings of seven or more units, and mixed commercial and residential buildings of four or more units:
1. 
For the first year: $1,000.
2. 
For the second year: $2,000.
3. 
For the third year: $3,000.
4. 
For each subsequent year: $4,000.
d. 
For nonresidential buildings, the greater of:
1. 
For the first year: $1,000 or $0.05 per square foot.
2. 
For the second year: $2,000 or $0.10 per square foot.
3. 
For the third year: $3,000 or $0.15 per square foot.
4. 
For each subsequent year: $4,000 or $0.20 per square foot.
5. 
The vacant building shall be registered prior to the issuance of a building permit, with the exception of a demolition permit.
e. 
The vacant building registration fee shall be applied by the Chief Building Official toward the cost of any building permit fees otherwise owed for work proposed at the building for which the vacant building registration fee was paid.
f. 
The enforcement officer shall document any property-specific engineering reports, written statements from community organizations, other interested parties or community residents regarding the condition, history, problems, status, or building influence of a vacant building.
g. 
The Chief Building Official may reduce vacant building fees by up to 50% under the following circumstances:
1. 
For a specific property, if said property has not been the subject of any enforcement action by any enforcing entity during the shorter of the previous year or the period of the current owner's ownership of the vacant building; or
2. 
The Chief Building Official determines that, in the interest of improving compliance with this article, the Chief Building Official may offer a fee reduction for all registrants for a period of up to 60 days, provided that a notification to the Common Council is provided by the Chief Building Official or their designee and a reasonable attempt is made to notify would-be registrants of the fee reduction and that no fee reduction offer made pursuant to this subsection has been extended in the previous 30 months; or
3. 
The Chief Building Official may offer a reduction in fees to all vacant building registrants for a period of up to 180 days after the date upon which this article became effective, provided that no such reduced fee period extends past January 1, 2023.
h. 
A one-to three-unit residential vacant building where no code violations exist and which is unoccupied for less than 90 days is exempt from registration under either of the following circumstances;
1. 
Where the vacant building is the primary residence of, and owned by, a natural person; or
2. 
Where the vacant building is owned by a natural person and where a registered New York State licensed real estate agent has been retained to actively market the building.
The Chief Building Official may grant an exemption from a vacant building registration fee pursuant to Section 2-6-402 for a given building upon an application made by the registrant on a form approved by the Chief Building Official in the following instances:
(a) 
Where the vacant building has no code violations as to the exterior of the building or property, or interior code violations relating to plumbing or electrical systems that may have an adverse effect upon any other person, entity or property, or interior code violations relating to the structural stability of the building as verified by the Chief Building Official or their designee or in a written, stamped letter from a licensed architect or engineer. The Chief Building Official may grant an exemption under this subsection if code violations discovered during the registration process are remedied within 60 days of said violations having been reported to the registrant. Code violations discovered at the registered building in the year after a fee exemption under this subsection is granted with respect to the registered building will constitute a revocation of said exemption retroactive to the date the building became vacant. An application for an exemption under this subsection shall have an application fee of $75, which shall be credited toward any applicable vacant building registration fee.
(b) 
Where the vacant building is vacant due to fire damage or damage caused by an extreme weather event for the first 180 days of vacancy where the owner or their designee applies for permits necessary for rehabilitation or demolition of the structure. Such fee shall be stayed for a period up to one year during which time work performed under the authorization of the permit is in progress.
(c) 
Where the vacant building has been purchased by a new owner, if a vacant building registration form is submitted within 180 days of purchase and permits have been applied for to undergo rehabilitation work to the vacant building which is necessary to the building becoming occupied or to demolish the vacant building. This exemption shall continue for so long as the permitted work continues at the building but in no case for longer than two years from the date a permit for said work was issued, at which point liability for the fee will be deemed to run from the end of one year from the date of issuance of the permit. If work ceases at the building as evidenced by a failure to request and pass inspections pursuant to the aforementioned permits and/or a failure to proceed with work for a period of more than 180 days, the Chief Building Official may revoke this exemption retroactive to the date the building became vacant.
(d) 
Where the vacant building is owned by corporate registrants organized pursuant to and/or subject to § 1408, 1411, or 1600 et seq., of New York Not-for-Profit Corporation Law or other lawful not-for-profit corporations entitled to a federal tax exemption pursuant to 26 U.S.C. § 501(c)(3) chartered exclusively for the purpose of providing housing to low-income individuals and/or rehabilitating and returning vacant buildings to productive use.
Where an owner or responsible party fails to maintain a vacant building or premises in compliance with any lawful standard, after notice and opportunity to be heard to such owner or responsible party, the Chief Building Official may correct the violation and pursue reimbursement for the cost of abatement under any authority available by law, including, but not limited to, Utica City Code § 2-6-100, New York State Property Maintenance Code § 108.2, or any other equivalent law or ordinance.
The Chief Building Official shall submit a quarterly report not later than January 15 and July 15 of each year to the Mayor, Chief of the Fire Department and Common Council containing not less than the following information:
(a) 
The number of buildings in the City declared vacant in each category set forth in Section 2-6-402(e) under the provisions of this article; and
(b) 
The number of vacant building registrations filed or annually renewed with the Codes Department within each category.