This chapter shall be known as the "Vacant and Unsafe Properties
Law of the Town of Irondequoit."
A.
Well-maintained properties play a significant role in defining Irondequoit's
quality of life and influencing property values. Therefore, building
conditions require vigilant oversight. The Town is compelled to take
all available measures to minimize potential negative impacts associated
with vacant and/or unsafe buildings.
B.
The Town Board finds that vacant buildings, if not managed effectively,
can become unsightly and unsafe and have a negative effect on the
community. Unsafe buildings pose a threat to life and property in
the Town of Irondequoit. Buildings and structures may become unsafe
by reason of fire, explosion, or are so damaged, decayed or dilapidated,
or by the elements, age or general deterioration. Vacant and/or unsafe
buildings not properly secured at doorways and windows also serve
as an attractive nuisance for young children, who may be injured therein,
as well as a point of congregation by vagrants and transients. A vacant
or dilapidated building may also serve as a place of rodent infestation,
thereby creating a health menace to the community.
C.
It is the purpose of this chapter to ensure the safety, health, protection
and general welfare of persons and property in the Town of Irondequoit
by addressing vacant and unsafe properties. This chapter establishes
a process for identifying and registering vacant buildings that sets
forth the responsibilities of owners and/or operators of vacant buildings
and expedites the rehabilitation of vacant buildings. This chapter
also describes the process and requirements by which unsafe buildings
shall be repaired or demolished and removed.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure wholly or partly enclosed within exterior walls
or within exterior or party walls and a roof, affording shelter to
persons, animals or property.
Includes the Building Inspector, Fire Marshal, Director of
Community Development, and any other designated authority charged
with the administration or enforcement of this code.
The department formulated by, but not limited to, the Office
of the Fire Marshal, the Office of the Building Inspector, and the
Division of Planning and Zoning, headed by the Director of Community
Development.
Where it reasonably appears that a clear and imminent danger
to the life, safety or health of any person or property is present.
Such conditions include, but are not limited to, fire hazards, falling
or dilapidated buildings, or any part thereof, loss of significant
water, heat or ventilation, or a lack of sanitary conditions.
The creditor, including, but not limited to, service companies,
lenders in a mortgage agreement and any agent, servant, or employee
of the mortgagee, or any successor in interest and/or assignee of
the mortgagee's rights, interests or obligations under a mortgage
loan agreement.
The person, persons, or entity shown to be the owner or owners
on the current assessment records; a mortgagee in possession, either
by commencement of a mortgage foreclosure action, or otherwise; assignee
of rents; receiver; executor, administrator, trustee, lessee, or other
person, firm or corporation in control of the premises, including
any person, persons or entity who has charge, care or control of a
building and/or property, including a tenant, operator or property
maintenance company. Any such owner shall have joint and several obligation
for compliance with the provisions of this chapter.
A building secured by means used in the design and approved
plans for the building.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time,
including, but not limited to, the Building Code of New York State,
the Residential Code of New York State, the Fire Code of New York
State, the Plumbing Code of New York State, the Mechanical Code of
New York State, the Fuel Gas Code of New York State, and the Property
Maintenance Code of New York State. "Uniform Code" shall also include
the New York State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
Any building or structure that poses a threat to the public's
health, safety or welfare due to its deteriorated physical condition(s),
faulty or partial construction, lack of adequate doors and windows,
partial demolition or destruction, and/or insufficient maintenance.
A building or structure shall be deemed to be vacant if no
person or persons actually currently conducts a lawfully licensed
business in any part of the building or lawfully resides or lives
in any part of the building as the legal or equitable owner(s) or
tenant-occupant(s), or owner-occupant(s), or tenant(s) on a permanent,
nontransient basis. In determining whether a building is vacant, a
Code Enforcement Official may consider these factors, among others:
Whether the building is substantially devoid of contents or
the minimal value of fixtures or personal property in the building;
Whether the building lacks required utility services;
Whether the building is subject to a foreclosure action;
The duration of vacancy; and/or
The presence or reoccurrence of code violations.
