[HISTORY: Adopted by the City Council of the City of Jamestown 3-25-2024. Amendments noted where applicable.]
A. 
The City Council of the City of Jamestown finds that many owners of vacant properties located within the City fail to maintain those properties sufficiently. This neglect results in increased criminal activity, the exacerbation of poverty, and issues for homeowners who live near these properties.
B. 
Continued neglect of vacant residential properties allows the City's housing stock to further deteriorate, limiting the ability of citizens to find adequate housing to either rent or purchase.
C. 
Properties that are abandoned and have unpaid taxes or mortgages that lead to foreclosures within the City ostensibly reduces the potential of available housing stock units, destabilizes existing neighborhoods, and creates a tax income deficit. Commercial properties that also experience foreclosure due to unpaid property tax or mortgages, increases the risk of crime, blight, reduces the available commercial space for business creation or expansion, and creates a tax income deficit.
D. 
The City Council further recognizes that vacancy issues also arise at vacant commercial or industrial properties within the City. Vacant commercial and industrial buildings serve as a real detriment to the City. These properties are often subjected to property crimes due to vacancy, detracting from the greater aesthetic the City would like to achieve.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED REAL PROPERTY
Any real property located in the City, excluding vacant lots, that are not occupied.
ACCESSIBLE PROPERTY/STRUCTURE
A property that is accessible through a compromised/breached gate, fence, wall, etc., or a structure that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
APPLICABLE CODES
Includes, but is not limited to, the City's Property Maintenance Code, the Zoning Ordinance, Building Code and Fire Code, the New York Property Maintenance and Fire Codes, the UCC, and adopted City Codified Ordinances.
BLIGHTED PROPERTY
A. 
Properties that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing;
B. 
Properties whose maintenance is not in conformance with the maintenance of other neighboring properties causing a decrease in value of the neighborhood properties;
C. 
Properties cited for a public nuisance pursuant to applicable codes;
D. 
Properties that endanger the public's health, safety, or welfare because the properties are vacant and abandoned or improvements thereon are dilapidated, deteriorated, or violate minimum health and safety standards or lack maintenance as required by the applicable codes; or
E. 
Vacant lots that have garbage, junk, or debris, high grass, and/or unregistered vehicles, pursuant to Chapter 215, Article VI, of the Jamestown City Code.
CODE ENFORCEMENT PERSONNEL
As defined in Chapter 215 of the Jamestown City Code.
NON-ARM'S-LENGTH TRANSACTION
A transaction where the buyer and seller have a personal relationship, for example family or close friends.
OWNER
Any person, legal entity or other party having any ownership interest, whether legal or equitable, in real property. This term shall also apply to any person, legal entity, or agent responsible for the construction, maintenance or operation of the property involved.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or similar entity responsible for the maintenance of abandoned real property.
VACANT
A. 
Any building or structure that is not legally occupied and is not currently being offered for sale, rent or lease evidenced by a sign posted on the subject property advertising the property for sale, rent or lease with contact information, ownership information, and current phone number and/or an active listing on an electronic database accessible to City staff. If there is no posted sign and the listing is not accessible to City staff, a realtor may submit a written confirmation of listing to avoid the requirement of registration.
B. 
Any lot that has not been maintained and has been abandoned by the owner, that does not have a sale sign posted and is not owned by an adjoining parcel owner.
C. 
Acceptable absences exception. This definition shall not apply to properties where owners have, for reasons such as extended vacations, nursing home care, or temporary employment, not occupied their homes for over 90 days but intend to return and have notified the Department of Development of their intentions.
D. 
Commercial/industrial storage exception. This definition shall not apply to commercial or industrial properties that are unoccupied but are duly used as storage facilities.
VACANT COMMERCIAL PROPERTY
Any property that is zoned commercial that has not had an active legal business operation, or is not actively engaging in capital improvements longer than one year, and is not for sale.
VACANT RESIDENTIAL PROPERTY
Any property that is zoned residential that has one or more housing unit, that is not being occupied at any capacity, and is not for sale.
These sections shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather an additional remedy available to the City above and beyond any state, county or local provisions for same.
The City of Jamestown, or designee, shall establish a registry cataloging each abandoned property and vacant property within the City, containing the information required by this chapter.
A. 
Registration pursuant to this section shall be submitted on forms provided by the Department of Development and shall include the following information supplied by the owner:
(1) 
A description of the premises.
(2) 
The names and addresses of all owners.
(3) 
If none of the owner(s) reside in Chautauqua County or any adjoining county or the property is owned by a corporate entity of any form, the name and address must be provided of any third party with whom the owner has entered into a contract or agreement for property management.
(4) 
The names and addresses of all known lienholders and all other parties with an ownership interest in the building.
(5) 
A telephone number where a responsible party can be reached at all times during business and nonbusiness hours.
(6) 
A statement whether the building is currently insured by a policy of fire insurance and, if so, the name, address and telephone number of the insurance company and the insurance agent and the amount of the coverage. If the building is not currently covered by fire insurance, the owner shall set forth the reason(s) why it is not covered.
(7) 
A vacant building plan as described in § 285-11.
B. 
Those wishing to claim one of the exceptions to the "vacant" definition listed in § 285-2 shall file a completed waiver form with the Department of Development and shall include the following information supplied by the owner:
(1) 
A description of the premises.
(2) 
The names and addresses of all owners.
(3) 
A brief explanation of the reasons for which the waiver is being requested.
C. 
Those who have filed a waiver form with the Department of Development shall be absolved of the requirements of this chapter.
D. 
All registration fees must be paid directly by the owner. Third-party registration fees are not allowed without the consent of the City and/or its authorized designee.
E. 
Properties subject to this section shall remain under the semiannual registration requirement, and the inspection, security and maintenance standards of this section as long as they remain vacant.
F. 
Each individual property on the registry that has been registered for 12 months or more prior to the effective date shall have 30 days to renew the registration and pay the nonrefundable semiannual registration fee. Properties registered less than 12 months prior to the effective date shall renew the registration every six months from the expiration of the original registration renewal date and shall pay the nonrefundable semiannual registration fee.
G. 
Any person or legal entity that has registered a property under this section must report any change of information contained in the registration within 10 days of the change.
H. 
Failure of the owner to properly register or to modify the registration form to reflect a change of circumstances as required by this chapter is in violation of the chapter and shall be subject to enforcement.
I. 
If a registered property is sold or transferred, the new owner is subject to all the terms of this chapter. Within 10 days of the transfer, the new owner shall register the property or update the existing registration. The previous owner(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that owner's involvement with the registrable property.
J. 
If the owner sells or transfers the registered property in a non-arm's-length transaction to a related entity or person, the transferee is subject to all the terms of this chapter. Within 10 days of the transfer, the transferee shall register the property or update the existing registration. Any and all previous unpaid fees, fines, and penalties, regardless of who the owner was at the time registration was required, are the responsibility of the transferee and are due and payable with the updated registration. The previous owner will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that owner's involvement with the foreclosed property.
K. 
Pursuant to any administrative or judicial finding and determination that any property is in violation of this chapter, the City may take the necessary action to ensure compliance with and place a lien on the property, pursuant to the process laid out in § 215-76 of the City Code for the cost of the work performed to benefit the property and bring it into compliance.
L. 
If the property is or becomes code compliant, and will be used as a rental housing unit, the owner must apply for a certificate of occupancy before a tenant may reside at the property.
A. 
It shall be the duty of the owner of the property which has a vacant building therein:
(1) 
Maintain the building in a safe and sanitary condition pursuant to the standards set forth in Chapters 131, 140, 210, and 215 of the City Code, as well as the requirements set forth in the New York State Property Maintenance and Fire Codes.
(2) 
To secure the building to prevent unauthorized entry in accordance to § 285-7.
(3) 
To maintain the yard, free of refuse, high grass, and overgrown weeds.
(4) 
To paint all boarded opening in a color similar in shade to the existing exterior color, or an earth-toned color.
(5) 
Remove any graffiti, tags, or other exterior visible destruction in accordance to § 215-18.
B. 
Failure of the owner to properly maintain the property may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with the applicable code of the City. Pursuant to a finding and determination by a City Court Judge, or a judge on any court of competent jurisdiction, the City may take the necessary action to ensure compliance with this section.
C. 
The City Court Judge may grant the owner an adjournment in contemplation of dismissal on any violation that which the owner proves clear and convincing evidence that there shall be remediation of the violation. The violation shall be dismissed if, prior to the expiration of the period of adjournment, the owner provides proof the violation has been corrected, and Jamestown City Code Enforcement has witnessed the correction first-hand.
A. 
Properties subject to this chapter shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
B. 
A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a person to access the interior of the property or structure. Broken windows, doors, gates and other openings of such size that may allow a person to access the interior of the property or structure must be repaired. Broken windows shall be secured by reglazing or boarding of the window.
C. 
If the structure is found to be unsafe or pose an immediate danger or risk to the health and safety or welfare of the public, the Director of Development may request an order to demolish through court proceedings pursuant to § 215-65, Demolition of unit premises, of the Jamestown City Code.
Adherence to this chapter does not relieve any person, legal entity or agent from any other obligations set forth in any applicable code(s), which may apply to the property. Upon offer for sale or transfer of title to the property, the owner shall be responsible to apply to the City's Department of Development for a certificate of occupancy and correct any and all active code violations.
A. 
If the Code Enforcement Personnel have reason to believe that a property subject to the provisions of this chapter is posing a serious threat to the public health, safety and welfare, the Code Enforcement Personnel may temporarily secure the property at the expense of the owner, and may bring the violations before the City Court Judge as soon as possible to address the conditions of the property.
B. 
The Code Enforcement Personnel or City Court Judge shall have the authority to require the owner of record of any property affected by this section to implement additional maintenance and/or security measures, including, but not limited to, securing any and all doors, windows or other openings, employment of an on-site security guard or other measures as may be reasonably required to help prevent further decline of the property.
C. 
If there is a finding that the condition of the property is posing a serious threat to the public health, safety and welfare, then the City may abate the violations and charge the owner with the cost of the abatement.
D. 
If the owner does not reimburse the City for the cost of temporarily securing the property, or of any abatement directed by the Code Enforcement Personnel or City Court Judge, within 30 days of the City sending the property owner the invoice, then the City may lien the property with such cost.
E. 
Foreclosure against an abandon private dwelling or multi-unit dwelling may institute a proceeding in accordance with Article 19-A and 19-B of the Real Property Actions and Proceedings Law.
Any Code Enforcement Personnel or any person authorized by the City to enforce the sections herein shall be immune from prosecution, civil or criminal, for reasonable, good faith entry upon real property while in the discharge of duties imposed by this chapter.
A. 
The owner of a vacant building shall file a plan explaining how he/she will comply with §§ 285-6 and 285-7 above and shall pay an initial fee of $250. 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 City in monitoring the vacant building site.
B. 
The plan shall be filed, and the registration fee shall be paid, no later than 30 days after the building becomes vacant, as defined above. Thereafter, an annual fee shall be due and payable on January 1 of each year the building remains vacant.
C. 
The plan shall contain a timeline laying out what work needs to be done to bring the property up to code and a rough estimate for the amount of time necessary for said repairs to be made.
D. 
The owner shall update the Department of the Development at the time when any contract to do said work has been finalized and provide a copy to the Department of Development. The owner shall also inform the Department of Development at that point at which any of the required work has been completed.
E. 
The fee shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit.
F. 
The Department of Development shall maintain a separate file for each vacant building and shall include in the file any property-specific written statements from community organizations, other interested parties or citizens, regarding the history, problems, status or blighting influence of a vacant building.
G. 
Any person violating any provision of the vacant building registry or providing false information to the Department of Development shall be guilty of a violation and, upon conviction, be subject to a fine of $250 or imprisonment of up to 15 days, or both such fine and imprisonment.
H. 
Any person who fails to file a plan within the time required by this chapter or any person who, having filed a plan, fails to follow such plan, will cause the City to spend greater resources to administer the vacant building registry and to monitor the vacant building site. Consequently, the Director of Development, in addition to the authority to prosecute the offense of a criminal violation as set forth in Subsection G above, may determine that an additional registration fee should be assessed against the owner of a vacant building. Such additional fee shall cover the increased costs to the City of administering the vacant building registry and of monitoring the vacant building site caused by persons failing to timely file a plan or failing to follow their filed plan, but in no event may such additional fee be set at more than $1,000. Prior to the imposition of an additional fee, the Director of Development or their designee shall give the building owner notice of alleged failure and of their intent to assess an increased fee and shall accord the building owner an opportunity to be heard at an administrative hearing held in accordance with due process of law. Actual notice is not required, but notice shall be given in a way determined to be reasonably calculated to give the owner actual notice.
I. 
If the residential property remains vacant, each January 1, following the initial registration, the owner shall pay an annual fee as follows:
(1) 
The fee for the first year shall be $500.
(2) 
The fee for the second year shall be $750.
(3) 
The fee for the third year shall be $1,000.
(4) 
The fee for the fourth year shall be $1,250.
(5) 
The fee for the fifth year and each succeeding year shall be $2,000.
(6) 
For vacant and abandoned residential property that has more than one private dwelling, there shall be an additional $250 for each unit within the vacant residential building.
J. 
If the commercial building remains vacant, each January 1 following the initial registration the owner shall pay an annual fee as follows:
(1) 
The fee for the first year shall be $1,000 or $0.05 per square foot, whichever is greater.
(2) 
The fee for the second year shall be $1,500 or $0.10 per square foot, whichever is greater.
(3) 
The fee for the third year shall be $2,500 or $0.15 per square foot, whichever is greater.
(4) 
The fee for the fourth year shall be $3,500 $0.20 per square foot, whichever is greater.
(5) 
The fee for the fifth and each succeeding year shall be $5,000 or $0.25 per square foot, whichever is greater.
K. 
At the discretion of the Department of Development, an extension may be given to an owner of abandoned real property in good faith on any of the fees contained herein if work on the abandoned real property has begun.
L. 
Properties, residential or commercial, that are actively advertising a lease, must remain in accordance to all Jamestown City Codes, and compliant with this chapter. Failure to do so will result in a waiver application denial.