Town of Irondequoit, NY Article II Registration of Vacant Properties; Maintenance

§ 104-4 Vacant building registration.

A. The owner of a vacant building shall register with the Code Enforcement Official the later of 1) 30 days after any building becomes a vacant building, or 2) 10 days after being notified by a Code Enforcement Official of the requirement to register. A Code Enforcement Official may identify vacant buildings through a routine inspection process, as well as through notification by public safety agencies, residents, neighborhood associations and other community groups. Notice will be served upon, or sent by mail, to the owner, any property maintenance company, and the property address. Notice will be deemed received upon personal delivery or three days in Monroe County or five days outside Monroe County after service by first-class mail. If notice is returned, then the mortgagee, if any, will be notified and responsible for meeting the registration and maintenance requirements pursuant to this chapter.

B. The registration shall be submitted on form(s) provided by the Department of Community Development which shall include, at minimum, pertinent information about said vacant property, such as:

(1) Legal address, tax ID number, and description of vacant property.

(2) Name(s) and contact information, including street address, for owner(s), mortgagee and/or any property manager and/or property maintenance company responsible for maintaining the vacant property.

(3) Plan for vacant property described in § 104-4C below.

C. Vacant property plan. At the time a vacant property is registered, the owner or mortgagee shall submit a vacant property plan on forms provided by the Department of Community Development. The plan shall include, at a minimum, the following information:

(1) Length of time the owner or mortgagee expects the vacancy to continue.

(2) Description of proposed rehabilitation or improvements to be made to the property, if any, to make it suitable for the last use of record.

(3) A description of what measures will be taken to secure the property and ensure any buildings or structures thereon do not become unsafe and/or unsightly.

D. The owner will comply with all applicable laws and codes. The owner will notify the Code Enforcement Official in writing of any changes in information supplied as part of the vacant building registration within 30 days of the change.

E. The owner will keep the vacant building and the property secured, safe and properly maintained as provided in § 104-5 of this article.

F. The owner shall notify the Code Enforcement Official of any transfer of ownership within 15 days of transfer. The new owner will continue to comply with the approved vacant building registration submitted by the previous owner until any proposed changes are submitted and approved by the Code Enforcement Official.

G. Vacant building registration fees.

(1) The owner(s) of a vacant building will pay an initial registration fee set forth in the Town of Irondequoit fee schedule.

H. Exemptions. A vacant building that has suffered fire damage or damage caused by extreme weather conditions or other event(s) will be exempt from the registration requirement for a period of 90 days after the date of the event, provided that the owner submits a request for exemption in writing to the Director of Community Development. This request will include the following information supplied by the owner:

(1) The street address of the vacant building.

(2) The reason for an exemption.

(3) The names and street addresses of the owner(s). A statement of intent to repair and reoccupy the vacant building in an expedient manner or the intent to demolish the vacant building.

§ 104-5 Maintenance of vacant buildings and property.

A. The owner of a vacant building will take such steps and perform such acts as may be required, from time to time, to ensure that the vacant building and the property remain safe and secure and do not present a hazard to adjoining properties or the public. Owners are responsible for maintaining vacant buildings so that they do not become unsafe.

B. The owner shall protect and maintain a vacant building in conformance with the Uniform Code and meet the following requirements:

(1) Exterior walls, including foundations, shall be maintained so that water does not penetrate into basements, cellars, or other interior areas. All exterior walls and foundations must be free of holes and crevices.

(2) Exterior doors, windows, skylights and similar openings shall be maintained secured and weathertight.

(3) Exterior stairs, porches, entrance platforms, fire escapes and the railings thereon shall be maintained in a safe and sound condition.

(4) Roofs shall be maintained in a weathertight condition, secured by normal means or with other materials that are visually compatible with the existing roofing material and not unsightly. Tarps are not considered normal means or visually compatible.

(5) Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Exterior surfaces shall be maintained in good condition. Surfaces not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative. There shall not be excessive flaking, peeling or chipping of any protective coating.

(6) The coverings for windows and doors with glass may not consist of any substance sprayed onto the glass doors or windows. All enclosures shall be properly fitted and be of such material and surface that they are neither unsightly nor will materially detract from the general appearance of the building or the neighborhood and secured by normal means.

(7) The covering for broken doors and cracked or broken windows may consist of replacement glass, plexiglas, boards, plywood or similar materials finished and maintained in a manner recommended and approved by the Code Enforcement Official. The materials will be designed and of such color to blend in with the finish of the building.

(8) Windows that are not cracked or broken may be covered with interior blinds, curtains, shades, or decorative paper.

C. The owner will maintain the property as follows:

(1) There shall be no accumulation of garbage, refuse or debris.

(2) The property shall be maintained free of insects, vermin and rodent harborage and infestation.

(3) Junk vehicles, equipment, materials or personal property shall not be stored on the property.

(4) If the vacant building is to remain vacant for more than 30 days, all fuel gas, water, and utilities shall be disconnected at the mains and water pipes drained and winterized. Prior to such disconnections, the vacant building shall be heated to avoid freezing pipes; fuel gas pipe systems shall be maintained gastight, safe and operative condition; and water pipes shall be maintained to avoid leaks and/or breakage.

(5) Fuel tanks shall be maintained so as not to be a hazard or be discontinued in a manner consistent with the Uniform Code.

(6) Swimming pools shall be maintained in a clean and sanitary condition, in good repair and properly fenced and secured.

(7) Yards shall be trimmed and mowed, with the height of grass and weeds being no more than six inches, and with all dead, damaged or diseased trees or shrubs, or any portion thereof, removed or replaced.

§ 104-6 Applicability.

The provisions of this Article II shall apply to all vacant properties in the Town from the date the chapter takes effect. Owners of properties that are vacant as of the time this chapter is enacted shall have 30 days from the effective date to register.

§ 104-7 Penalties for offenses.

A. Failure to register. Failure to register pursuant to this article shall be considered a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500, imprisonment not to exceed 15 days, or both. Each week, such violation shall constitute a separate and distinct offense.

B. Failure to maintain the property. Failure to maintain vacant property in accordance with § 104-5 will result in Town-initiated repair and maintenance in accordance with Article III of this chapter, with associated fines and costs handled pursuant to § 104-14.