[HISTORY: Adopted by the Town Board of the
Town of Cortlandville 7-6-2022 by L.L. No. 5-2022. Amendments noted where
applicable.]
This chapter shall be known as "A Local Law to Adopt the Vacant
Property Law in the Town of Cortlandville, New York."
This chapter is intended to be consistent with and is enacted
by the Town Board of the Town of Cortlandville pursuant to its authority
to adopt laws under the New York State Constitution, the New York
State Municipal Home Rule Law, and the New York State Town Law. It
is intended and is hereby declared to address matters of local concern
only and is intended to act in furtherance of the Town's authority
with respect to existing zoning and land use laws and its police powers
related to the planning and physical use of real property within the
Town.
This chapter regulates buildings that remain vacant and are
unsightly, unsafe and have a negative effect on their surroundings.
Unfortunately, many buildings, once boarded, remain that way for many
years. The purpose of this chapter is to establish a program for identifying
and registering vacant buildings; to determine the responsibilities
of owners of vacant buildings and structures; to speed the rehabilitation
of the vacant properties; and to minimize the adverse impact(s) on
the adjacent and surrounding neighboring properties.
As used in this chapter, the following terms shall have the
meanings indicated:
A duly authorized representative of the Code Enforcement
Office.
Those shown to be the owner or owners on the records at the
Town of Cortlandville's Assessor's office, 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 legal entity in control of the premises. Any such person shall
have a joint and several obligation for compliance with the provisions
of this chapter and shall be a responsible party for compliance with
the provisions of this chapter.
All means of ingress and egress, including but not limited
to all doorways and windows, shall be in a good state of repair, without
any broken glass or other damage that might allow entry or create
an eyesore, and shall be securely locked.
A building secured by means other than those used in the
design of the building.
A building which is not being used for an occupancy authorized
by the owner.
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
A building or portion of a building which is unoccupied and
unsecured; unoccupied and secured by other than normal means; unoccupied
and an unsafe building as determined by the Code Enforcement Office;
unoccupied and has multiple housing or building code violations; illegally
occupied; or unoccupied for a period of time over 180 days, and not
currently listed for sale.
The owner shall register with the Codes Department not later
than 30 days after any building in the Town becomes a vacant building
or not later than 30 days after being notified by the Code Enforcement
Office of the requirement to register. The Codes Department may identify
vacant buildings through its routine inspection process as well as
through notification by residents, neighborhood associations and other
community groups that a building may be eligible for inclusion on
the registry.
The registration shall be submitted on forms provided by the
Code Enforcement Office and shall include the following information
supplied by the owner:
A.
Description of the premises, including Tax Map number and property
mailing address;
B.
The names, mailing addresses, email addresses, and telephone numbers
of the owner or owners;
C.
The names, mailing addresses, email addresses, and telephone numbers
of any third party with whom the owner has entered into a contract
or agreement for property management within a twenty-five-mile radius
of the City of Cortland;
D.
The names, mailing address, email address and telephone number of
all known lienholders, and all other parties with an ownership interest
in the building;
E.
A telephone number where a responsible party can be reached at all
times during business and nonbusiness hours; and
A.
The owner shall submit a vacant building plan which must meet the
approval of the Enforcement Officer. 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 including
the proposed time frame for demolition.
(2)
If the building is to remain vacant, a plan for the securing of the
building, along with the procedure that will be used to maintain the
property and a statement of the reasons why the building will be left
vacant.
(3)
If the building is to be returned to appropriate occupancy or use,
a rehabilitation plan for the property is required. The rehabilitation
plan shall not exceed 365 days, unless the Enforcement Officer grants
an extension upon receipt of a written statement from the owner detailing
the reasons for the extension.
B.
Any repairs, improvements, alterations to or demolition of the property
must comply with any applicable zoning, housing, historic preservation
or building codes and must be secured as per local code, if applicable,
during the rehabilitation. All expenditures necessary to comply with
this chapter are at the expense of the owner.
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. If the plan or timetable for the vacant
building is revised in any way, the revisions must be in writing and
must meet the approval of the Enforcement Officer.
A.
All vacant buildings must be secured as defined in § 156-
4. Any vacant building that is not so secured shall be promptly physically
secured, meaning that all means of ingress and egress at all floor
levels shall be covered over so as to ensure the continued security
of the building and to reduce the negative impact on the neighborhood.
The method of physically securing a vacant building shall be proposed
in writing and approved by the Code Enforcement Officer.
B.
When it is required by this chapter that a building be physically
secured, it shall be the responsibility of the owner to have the electric,
water, and gas service, if any, shut off from the building by contacting
the power provider's customer service. Service may not be reconnected
until repair and rehabilitation work or occupancy actually commences.
In addition to securing the building, as required in § 159-
8, the following minimum requirements shall be met for all vacant
buildings:
A.
The roof shall be structurally sound and weathertight;
B.
All combustible trash and debris shall be removed from the building.
Any portions of the exterior of the main building or accessory buildings,
including but not limited to walls, porches, stairs, parapet walls
and chimneys, that are deteriorated so as to be in danger of collapse
or to otherwise constitute a hazard or allow penetration of water
into the building shall be repaired or replaced or otherwise made
safe and weathertight;
C.
The grounds surrounding the building shall be cleared and kept cleared
of all litter, rubble, debris, trash and junk and of all grass or
weeds in excess of six inches in height; and
D.
All plumbing and heating systems that contain water shall be completely
drained and kept empty between October 15 and April 15, and an antifreeze
solution shall be added to all plumbing traps in the building. This
shall not apply if the building is adequately heated during that time
period.
A.
The Codes Department shall examine or cause to be examined annually
every vacant commercial building as a fire and safety inspection,
and the exterior of every vacant residential building. Upon such inspection,
if deemed unsafe, a follow-up site visit will be required and scheduled
for a review by a competent design professional currently licensed
by New York State, at the owner's expense, for reviewing the
structural, mechanical, interior and exterior portions of the property.
Whenever the Code Enforcement Office shall find a vacant building,
structure, or a portion thereof to be unsafe, they shall give the
owner, agent or person in control of such building or structure written
notice stating the defects thereof.
B.
In conjunction with the professional designer and the Codes Department, a determination shall be made for the owner to comply with the vacant building plan in § 159-7.
C.
Nothing contained herein, however, shall diminish the owner's
right to insist upon the procurement of a search warrant from a court
of competent jurisdiction by the Enforcement Officer or their designee
in order to enable such inspection, and the Enforcement Officer shall
be required to obtain a search warrant whenever an owner refuses to
permit a warrantless inspection of the premises after having been
advised of their constitutional right to refuse entry without same.
The owner of a vacant building shall pay an annual fee of $500
for residential buildings and $1,000 for commercial buildings for
the period the building remains a vacant building.
A.
After a structure has been deemed vacant pursuant to this Town of
Cortlandville's vacant property chapter, the property shall be
posted with information for interested parties.
B.
Additionally, if there are code violations or the property is deemed
unsafe by the Town Building Code Department, the property will also
be placarded with a red box with a white "X" to alert the public that
the building is unsafe.
Once a building has been deemed vacant, the property owner or
agent shall contact the Town of Cortlandville Building Code Department
before any work is performed on the structure. The Building Code Department
can be reached by phone at (607) 756-7490 or in person at the Raymond
G. Thorpe Municipal Building at 3577 Terrace Road.
Anyone violating any of the provisions of this chapter shall,
upon conviction thereof, be punishable by a fine of not more than
$250 or by imprisonment for a term of not more than 15 days, or by
both such fine and imprisonment.
