[Added 1-9-2023 by L.L. No. 1-2023]
The purposes of this article are to protect the welfare and
economic vitality of the residents of the Village of Larchmont by
protecting property values, maintaining neighborhood integrity and
accessibility, safeguarding against economic property blight, protecting
Village resources, and ensuring the safe and sanitary maintenance
of commercial vacant properties. Among other things, vacant street
level commercial space can degrade the vitality of Larchmont's
business districts, frustrate local planning efforts, create increased
specific risks of fire damage, vandalism, and unlawful entry or uses,
and give rise to other public health and safety hazards. This article
is intended to promote the Village's public welfare and economic
health by requiring property owners to register and properly maintain
vacant street level commercial properties.
As used in this article, the following terms shall have the
meanings indicated:
The Village of Larchmont Building Department.
The Building Officer of the Village of Larchmont or his or
her designee.
All buildings in the Village, except for one- and two-family
residences.
A person or entity who, alone or severally with others, is:
A person or entity who, alone or severally with others:
Has legal or equitable title to any building or has care, charge,
or control of any building in any capacity including but not limited
to agent, executor, executrix, administrator, adminstratrix, trustee,
or guardian of the estate of the holder of legal title; or
Is a mortgagee in possession of any building; or
Is an agent, trustee, receiver or other person appointed by
the courts and vested with possession or control of a building.
Any unoccupied street level building space in the Village
of Larchmont's RC or RB Zoning Districts which is not legally
occupied, is abandoned, or is not open for business with an ongoing
business concern operating in the space during customary business
hours for a period of at least 180 consecutive days or longer by occupants
having legal custody or legal right of entry to such property.
A.
Prior to, or not more than seven days after a unit or any portion
of a property becomes vacant space, as defined herein, the owner(s)
must register the vacancy with the Building Department on forms provided
by such Department. All vacancy registrations must state the owner's
name, phone number, and mailing address as well as such information
for an emergency contact, if not the same. None of the required addresses
shall be a post office box. The registration shall also state the
owner's efforts to reactivate the use of the space. Once the
space is no longer vacant or is sold, the owner must provide proof
of sale or written notice and proof of lawful occupancy to the Building
Department pursuant to the process outlined by such Department. The
Building Officer will notify the Police and Fire Departments and DPW
of the submitted registration of the vacant space.
B.
The Village Administrator, with the input of the Building Officer,
may exempt a property owner from the provisions of this article upon
the presentation of evidence, in such form as may be convincing to
him, that the failure to use or occupy a commercial space for a period
in excess of 180 days does not violate the purpose or intent of this
article.
C.
When the space is to be reoccupied, a change of use/occupancy permit
shall be obtained pursuant to § 384-84.
A.
There shall be an annual registration fee for vacant space to offset
the Village's costs of monitoring such space. The first annual
registration fee is due at the time the vacant space is initially
registered with the Village. Thereafter, the owner of the vacant space
shall receive a billing statement on an annual basis until the Village
is informed of a change of status. The amount of the annual registration
fee shall be specified in the fee schedule set by the Board of Trustees
from time to time.
B.
After the first registration fee, the Village shall send the owner of any vacant space an annual billing statement, and the owner shall pay to the Village the fee which has been billed. Failure to pay the first or any subsequent registration fee within 30 days of receipt of the billing statement shall be a violation of this article, and the full fee shall be deemed an assessment resulting from a violation of this article. Such fee, and any fines issued for violations of this article, shall constitute a lien on the property, to be collected in accordance with the process described in § 251-11.
A.
The Village Administrator, Building Officer, Police Chief, and Fire Chief, or their designees, shall have the authority to periodically inspect the exterior and interior of vacant space subject to this article for compliance with applicable laws, rules, and regulations. The Building Officer shall have the discretionary authority, but not the obligation, to cause utilities to be disconnected immediately if a potential hazard that may be dangerous to life and limb is present. If the Building Officer causes utilities to be disconnected, the owner shall reimburse the Village for its costs in having the utilities disconnected. Failure to pay these costs within 30 days of being notified that they are due shall be a violation of this article, and the full amount of the costs shall be deemed an assessment resulting from a violation of this article. Such costs, and any fines issued for violations of this article, shall constitute a lien on the property, to be collected in accordance with the process described in § 251-11.
Nothing in this article shall abrogate an owner's duty to maintain the vacant space as required by § 215-13.1.
A.
In addition to any of the remedies provided herein, violations of
any portions of this article shall be punishable by a fine of up to
$100 per day that the owner is not in compliance with this article.
Violations of this law shall not be deemed a misdemeanor nor a felony.
B.
The Building Officer, the Code Enforcement Officer, or their designee
shall have the authority to enforce all provisions of this article.
The Village of Larchmont may also bring a civil action in a court
of competent jurisdiction seeking equitable relief to enforce this
article.
Nothing in this article shall abrogate the powers and/or duties
of municipal officials to act to remedy unsafe conditions pursuant
to any general statutory authority including, without limitation,
the New York State Uniform Fire Prevention and Building Code and the
New York State Village Law and General Municipal Law.
