For the purposes of this chapter, the following
words, terms and phrases shall have the following ascribed meanings,
unless the context clearly indicates otherwise. Whenever used, the
singular number shall include the plural, the plural the singular,
and the use of any gender shall include both genders:
AT-RISK PROPERTIES
All parcels of land located within the Town that are either:
A.
Identified within the Town Assessor's Office
as being in a poor or fair condition under the Office of Real Property
Tax Services real property data inventory software; or
B.
Identified by the Town's Code Enforcement Office
as being a vacant structure.
PROPERTY INCENTIVE PROGRAMS
Each and every local, state or federal economic development
program; property enhancement, improvement, revitalization, or protection
program; industrial development agency programs; or similar property
incentive programs or services, as may be available in the Town.
REDEVELOPMENT AND/OR REPAIR PLAN
A detailed plan or report prepared by or on behalf of the
subject property owner setting forth the property owner's action plan
to accomplish the redevelopment, renovation, repair, improvement,
safe occupation and full utilization of the at-risk property. Said
detailed plan shall contain both short and long-term goals with estimated
dates of completion regarding the redevelopment, renovation, repair,
improvement, safe occupation and/or full utilization of the property
and, if applicable, a prevention plan to ensure the property does
not become an at-risk property again in the future.
STRATEGIC DEVELOPMENT OR PROPERTY PROTECTION AREAS
Geographical areas of the Town that possess one or more of
the following characteristics and that are designated as such by resolution
of the Town Board:
A.
Areas in which the Town's primary retail and
commercial centers are located;
B.
Areas of the Town in which the traveling public
primarily travels;
C.
Areas of the Town designated as qualifying for
a specific area-wide property incentive program; or
D.
Areas of the Town in which at-risk properties
are predominately located in relationship to the other areas of the
Town.
TOWN
The Town of Horseheads.
UNOCCUPIED
A structure of portion thereof which lacks the habitual presence
of human beings who have a legal right to be on the premises, including
structures ordered vacated by the Code Enforcement Officer. In determining
whether a structure is unoccupied, the Code Enforcement Officer may
consider these factors, among others:
A.
Whether lawful residential or business activity
has ceased;
B.
The percentage of the overall square footage
of the occupied to unoccupied space or the overall number of occupied
and unoccupied units;
C.
The structure is substantially devoid of contents
of minimal value, of fixtures or personal property in the structure;
D.
The structure lacks utility services;
E.
The structure is subject to a foreclosure action;
or
F.
The presence or reoccurrence of Code violations.
UNSECURED
A structure or portion of a structure which is open to entry
by unauthorized persons without the use of tools or ladders.
VACANT STRUCTURE
A structure or portion of a structure which is any one or
more of the following:
A.
Unoccupied and unsecured;
B.
Unoccupied and secured by other than normal
means;
C.
Unoccupied and an unsafe structure as determined
by a Code Enforcement Officer;
D.
Unoccupied and the Code Enforcement Officer
has issued an order to correct Code violations;
F.
Unoccupied for a period of time over 90 days.
Approvals issued pursuant to this chapter do
not relieve the applicant of the responsibility to secure required
permits or approvals for activities regulated by any other applicable
law, code, rule, act, or ordinance.
This chapter shall be in full force and effect
upon filing with the Secretary of State. All prior laws and parts
of law in conflict with this chapter are hereby repealed.