[HISTORY: Adopted by the Board of Trustees of the Village of Sleepy Hollow 12-9-2025 by L.L. No. 8-2025. Amendments noted where applicable.]
A. 
It is the finding of the Board of Trustees that:
(1) 
Vacant buildings and storefronts can pose significant safety risks by attracting criminal activity, facilitating squatting, creating fire hazards, and posing public safety concerns. Over time, they can also become structurally unstable. Additionally, these structures can harbor toxins, suffer from pest infestations, and contribute to environmental contamination, negatively impacting community well-being by depreciating property values and affecting residents' mental health.
(2) 
Buildings and storefronts which remain vacant, with access points and windows boarded over, are unsightly, unsafe and have a negative effect on their surroundings and too frequently likewise become attractive nuisances. This is particularly troublesome in suburban and urban neighborhoods. Unfortunately, many buildings, once boarded up, can remain that way for significant time periods.
(3) 
The presence of vacant buildings and storefronts can adversely affect the desirability of the immediate and neighboring areas, discourage buyers from purchasing property and investing within the village, prevent the most appropriate use and development of properties, and contribute to the diminution of the taxable value of property in such areas affecting the ability to support the municipal services provided therefore. The continued presence of vacant and boarded up buildings can also have a significant blighting influence on the surrounding neighborhood.
(4) 
It is in the best interest of the Village of Sleepy Hollow to encourage owners of vacant buildings or storefront properties to lease or otherwise utilize such properties in a productive manner rather than allowing then to remain vacant. It is likewise in the Village's interest to attempt to recoup some of the significant financial expenses and burdens placed on municipal resources due to vacant buildings and store fronts.
(5) 
The C-1, C-2, RF, and SRF Districts hold significant importance due to their high population density and their pivotal role as economic centers within the Village.
B. 
This chapter is intended to protect the community, character and safety of village residents and visitors as follows:
(1) 
Regulate vacant storefronts in the village's business and mixed-use districts and vacant buildings throughout the village.
(2) 
Prescribe responsibilities for property owners and property managers for the upkeep and future uses of vacant storefronts as well as provide guidance on proper maintenance and procedures.
(3) 
Support and enforce such regulations to protect public safety and community character.
Unless otherwise expressly stated, the following terms shall have the meanings indicated for this chapter:
BUILDING DEPARTMENT PERSONNEL
A duly authorized representative of the Building Department, including the Building Inspector, Assistant Building Inspector, Zoning Officer, and Code Enforcement Officer.
PROPERTY MANAGER
A party contracted by the property owner to oversee and operate the identified property. The property manager may be an individual person or a company.
PROPERTY OWNER
Any person or legal entity identified as the property owner of record in the records of the Sleepy Hollow Assessor's Office, those identified as the owner or owners on a vacant building registration form, or a mortgagee or mortgagor in possession of the property, an assignee of rents, a receiver, an executor, a trustee, lessee or any other person or legal entity in control of the premises. All such persons, partners and principals shall have a joint and several obligation for compliance with the provisions of this article.
TEMPORARY POP-UP RETAIL
Temporary commercial uses of Vacant Land, Vacant Buildings, or Vacant Storefronts for the sale of goods or services, having the owner's permission to operate, and for a period not to exceed 180 days with a valid Temporary Use Permit. Temporary Pop-up Retail will exclude food service requiring County Health Department approval, and will not require bathroom access or access to potable water for operations.
UNOCCUPIED
A building which is vacant or is not legally being used for an occupancy authorized by the property owner, with a valid Certificate of Occupancy.
VACANT BUILDING
Any building or structure designed or used for residential purposes which has been unoccupied or unused for a period of 365 days or longer and/or for commercial purposes which has been unoccupied or unused for a period of 365 days or longer. Additionally, a vacant building will include any building or structure that is unoccupied as determined by the appropriate village, county or state agency.
VACANT STOREFRONT
Any portion of a building or structure designed or used for commercial purposes which is unoccupied, unused for commercial purposes consistent with Chapter 450 (Zoning) or is not open for business with an ongoing business concern operating in the space during customary business hours for a period of 365 days or longer. Additionally, a vacant storefront will include any portion of a building or structure that is unoccupied as determined by the appropriate state, county or village agency.
The provisions outlined in this chapter shall be applicable to all vacant commercial storefronts and all vacant buildings comprising three or more units, as defined by New York's Multiple Residence Law. Furthermore, they shall be applicable to all properties situated within the C-1, C-2, RF, and SRF Districts of the Village of Sleepy Hollow.
A. 
The property owner shall register with the Building Department no later than 365 days after any building or storefront becomes a vacant or not later than 30 days after being notified by the Building Department to register. The Building Department personnel may identify vacant buildings or storefronts through the Building Department's routine inspection process, as well as through notification by residents, complaints, neighborhood associations, real estate professionals and other community groups, that a building or storefront may be eligible for inclusion on the registry. The property owner shall register the property annually with the Building Department. The renewal date shall be on or before the date of the initial registration of each year.
B. 
The registration shall be provided on forms provided by the Building Department and shall include, among other matters, the following information supplied by the property owner:
(1) 
A physical description of the premises, including address, and tax identification number;
(2) 
The names, mailing addresses, email addresses and phone numbers of the property owners along with corporate identification, if applicable;
(3) 
The name, address and phone number of any person contracted by the property owner for property management;
(4) 
The names, addresses and phone numbers of all known lien holders and all other parties holding an ownership interest in the property;
(5) 
A telephone number where the property owner and, where applicable, the property manager can be reached at all times;
(6) 
Description of the building or storefront's most recent use;
(7) 
Date the building or storefront became vacant;
(8) 
Certificate of insurance per § 420-7B;
(9) 
A vacant building or vacant storefront plan per § 420-5;
(10) 
Registration fee; and
(11) 
Escrow or bond per § 420-7C.
C. 
The property owner shall promptly notify the Building Department of any changes to the information on the registration form. In keeping with the above, the Building Department may up modify, supplement or update the Vacant Building and Storefront Registration Form from time to time.
A. 
The property owner shall submit a vacant building or vacant storefront plan which plan shall be approved by the Building Inspector, upon registration of the vacant building or storefront. The plan shall comply with applicable state and village codes.
B. 
The plan shall indicate if the vacant building or storefront is to be rehabilitated or reoccupied, remain vacant or be demolished.
(1) 
If the vacant building or storefront is to be rehabilitated or reoccupied, the plan shall include a date by which all relevant applications are to be submitted, and the anticipated future use and an estimated date for rehabilitation or re-occupancy. The rehabilitation or re-occupancy plan shall not exceed 365 days unless upon a written request an extension is granted by the Building Inspector. Extensions shall not exceed 180 days beyond the original plan deadline. Additionally, an escrow and or bond shall be provided to cover time periods where reoccupation and rehabilitation are not actively occurring.
(2) 
If the building or storefront is to remain vacant, the plan shall include a statement from the property owner explaining why the building or storefront is to remain vacant, anticipated time the vacant status of the building or storefront will continue, security and maintenance procedures during the vacancy. Additionally, an indemnification and hold harmless agreement and an escrow and or bond shall be provided.
(3) 
If the building is to be demolished the plan submitted to the Building Department shall include a date by which a Demolition Permit application is to be submitted, a date by which the demolition is to be completed, an affidavit from the property owner assuming all costs associated with the demolition, an indemnification and hold harmless agreement in favor of the Village and an escrow and or bond.
(4) 
For a vacant storefront or other vacant building, the property owner shall indicate if they intend on making the property available for temporary pop-up retail uses.
C. 
All vacant building or vacant storefront plans shall establish an escrow and or bond with the Building Department. The escrow shall be for maintenance of the vacant building or storefront in the event the property owner fails to comply with a compliance order. The amount of the escrow, to be determined by the Building Inspector, shall not exceed $15,000 annually.
D. 
The property owner or, where applicable, the property manager shall notify the Building Department of any proposed changes to the vacant building or vacant storefront plan within 30 days of the proposed change. Proposed changes to the plan shall be in writing and shall be approved by the Building Inspector.
E. 
In addition to the requirements of § 450-74A(2) any change in ownership of the vacant building or vacant storefront shall promptly be reported to the Building Department. The new property owner shall register the vacant building or vacant storefront within 30 days of the transfer. The new property owner shall comply with the approved plan.
A. 
The property owner shall keep the vacant building or storefront secured and maintained at all times in accordance with the Fire Code and Property Maintenance Code of New York State and the Code of the Village of Sleepy Hollow. Failure to properly maintain and secure the vacant building or storefront may result in revocation of the approved plan and subject the property owner to all applicable penalties, including those incurred pursuant to § 420-11.
B. 
The property owner shall remove all combustible waste and refuse, lock, barricade, and guard continuously or otherwise secure all windows, doors and other openings to prevent entry by unauthorized persons.
C. 
All required sprinkler, standpipe and fire alarm systems and all component parts or other provisions as required by law shall be maintained in operating condition.
D. 
The floor area of a vacant building or storefront shall be lighted by no less than one 25-watt or equivalent energy efficient light providing a minimum of 200 lumens.
E. 
All signs and awnings and associated hardware shall be removed after the building or storefront is vacant for more than 60 days unless otherwise directed by the Building Department personnel.
F. 
A sign shall be posted in the window of the vacant storefront or at the entry to the vacant building. The sign shall include contact information (name, phone number, email address and office address) for the property owner. The property owner may substitute their contact information for valid information belonging to an applicable property manager or leasing agent. This sign shall not exceed 1.5 square feet per window.
A. 
Fees.
(1) 
Vacant building and vacant storefront registration fees shall be established by the Board of Trustees and published in the village's annual fee schedule. Any fees not timely paid shall be subject to penalties under § 420-11.
(2) 
Any arrearages for the registration fee shall be paid in full before the issuance of a building permit, certificate of occupancy or certificate of compliance. This provision will not apply to demolition permits.
(3) 
Any arrearages shall be paid by the property owner prior to transfer of ownership of a vacant building or storefront. If outstanding registration fees are not paid prior to transfer of ownership of the vacant building or vacant storefront, the Building Department shall forward an invoice to the current property owner by certified mail return receipt requested requesting payment for the outstanding fees no later than 20 days after the invoice is sent out. If payment of the invoice is not timely made the amount will be certified to the Village Treasurer and be a lien upon the property and shall be added to and become a part of the taxes to be next assessed and levied on such property, to be collected and enforced in the same manner as taxes.
(4) 
A new property owner shall pay the annual registration fee no later than 60 days after the transfer of ownership is completed. Subsequent annual registration fees shall be due on the anniversary date of the filing of the registration form.
(5) 
All fees collected via this local law shall be deposited into a fund to be utilized for historic preservation, facade restoration and downtown revitalization for the C-1, C-2, RF and SRF districts.
B. 
Insurance. The property owner shall maintain commercial general liability insurance with minimum policy limits of $1,000,000 per person and $2,000,000 aggregate for vacant buildings and vacant storefronts. A certificate of insurance shall be submitted with the vacant building or vacant storefront registration and annual renewal. The village shall be named as a certificate holder and shall be provided with a minimum of 20 days' prior written notice of any cancellation, material modification or non-renewal of the insurance.
C. 
Escrow. The property owner of every registered vacant building or storefront shall submit to the Building Department an escrow not to exceed $15,000 as determined by the Building Inspector. The escrow may be used to reimburse the village for expenses incurred to secure and maintain the vacant building or storefront upon the property owner's failure to do so pursuant to the approved vacant building or storefront plan.
A. 
A building which has accidentally suffered fire damage or damage caused by extreme weather conditions shall be exempt from the registration requirement for a period of 120 days after the fire or extreme weather event if the property owner submits a written request to the Building Department.
B. 
A property for which a building permit has issued and work is actively progressing shall be exempt from the registration requirement for the duration of the building permit period. Vacant building and storefront fees may continue to accrue at the discretion of the Building Department, if they find an unwarranted delay has occurred or if the owner has failed to diligently progress towards a reuse.
C. 
Temporary Pop-up retail shall be permitted subject to a Temporary Use Permit in a vacant building or storefront, but not be considered full occupancy satisfying the intent of this local law.
D. 
A property or building for which an application for site plan, subdivision, and/or special-use permit is actively under consideration by the Village of Sleepy Hollow Planning Board or the Board of Trustees, provided it is diligently progressing.
E. 
A property or building owned by, leased, or otherwise temporarily used by the Village of Sleepy Hollow or the Sleepy Hollow Local Development Corporation.
A. 
Building Department personnel may inspect any property in the Village for the purposes of enforcing and assuring compliance with the provisions of this chapter. Upon the request of the Building Department, a property owner shall provide access to the building in order to permit a complete inspection.
B. 
Building Department personnel shall do periodic inspections of each vacant building or storefront. The Building Department shall submit a biannual report, no later than January 15 and June 15 of each year, to the Village Administrator, listing all buildings and storefronts declared vacant under the provisions of this article and the date upon which the buildings and storefronts were declared vacant and whether a vacant building or vacant storefront plan has been filed. The report shall include a list of all previously declared vacant buildings and storefronts which are no longer subject to the provisions of this article.
C. 
The Building Department personnel shall conduct inspections of registered properties in accordance with the risk to public safety determined for each property.
A. 
The property owner may appeal any adverse decision of the Building Department personnel under this chapter to the Zoning Board of Appeals by filing a written request for review with the Building Inspector, setting forth the reasons for the appeal, within 10 days after receipt of the determination.
B. 
The appeal will be considered by the Zoning Board of Appeals pursuant to the normative procedures identified in §§ 450-81 and 450-84.
C. 
A timely request to appeal shall stay any action of the Building Department until the Zoning Board of Appeals has decided the appeal unless the Building Inspector certifies to the Zoning Board of Appeals that a stay would result in imminent peril to life or property in which situation the action of the Building Department will not be stayed other than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on notice. If a request for appeal is not made within the 10-day period, the action of the Building Inspector is final.
D. 
The Zoning Board of Appeals shall consider the evidence submitted by the property owner while reviewing the decision of the Building Inspector. The Zoning Board of Appeals shall render a written decision that is neither arbitrary nor capricious. The Board shall render a decision within a reasonable period of time. The Zoning Board of Appeals shall affirm, reverse, modify or condition the action or any amounts before it when rendering its decision. The decision of the Zoning Board of Appeals is final as to administrative remedies with the Village. Should an Article 78 proceeding be pursued, such action must be commenced no later than 30 days after the decision of the Zoning Board of Appeals is filed with the Village Clerk.
A. 
Notwithstanding any provision of this Code inconsistent herewith, for each violation of this article, the property owner and, where applicable, property manager shall be liable for an additional fine or penalty of not less than $1,000 nor more than $1,500 for the first violation; not less than $1,500 nor more than $5,000 for a second violation within 12 months of the first violation and not less than $5,000 nor more than $10,000 for subsequent violations within 18 months of the first violation. At the discretion of the Building Inspector, each day that a violation continues to exist may be charged and may constitute a separate and distinct violation.
B. 
When the Village obtains a judgment in any action against the owner, in addition to the appropriate methods of enforcement of the judgment established in the New York Civil Practice Law and Rules, such judgment for penalties shall be assessed and collected in the same manner as Village taxes.