[Amended 12-23-1980 by Ord. No. 80-554; 2-10-1981 by Ord. No. 81-45; 2-24-1981 by Ord. No. 81-55; 2-7-1984 by Ord. No. 84-40; 12-18-1984 by Ord. No.
84-472; 1-29-1985 by Ord. No. 85-34; 2-19-1985 by Ord. No. 85-63; 6-27-1985 by Ord. No. 85-263; 5-27-1986 by Ord. No. 86-162; 2-27-1990 by Ord. No. 90-59; 4-11-1990 by Ord. No. 90-109; 10-23-1990 by Ord. No.
90-429; 4-30-1991 by Ord. No. 91-159; 11-19-1991 by Ord. No. 91-499; 6-16-1992 by Ord. No. 92-247; 10-13-1992 by Ord. No.
92-372; 9-21-1993 by Ord. No. 93-315; 5-14-1996 by Ord. No. 96-137; 5-13-1997 by Ord. No. 97-165; 8-11-1998 by Ord. No. 98-336; 11-19-2002 by Ord. No.
2002-354; 7-22-2003 by Ord. No. 2003-233]
This chapter shall be known as the "Property
Conservation Code of the City of Rochester, New York."
The City of Rochester has numerous residential,
commercial and industrial buildings, which are substantially sound
and habitable structures providing decent housing resources for residents
and businesses in the City. The City also has vacant areas and lots.
Their condition and maintenance are vital to the protection and enhancement
of the well being of residents and businesses in adjacent residential
neighborhoods and commercial and industrial areas. In order to conserve
these valuable property resources in the City, to enhance the residential
neighborhoods of the City and protect the safety, health and welfare
of the persons who live, work and recreate in the City, the provisions
of this code are established. In conforming with the several provisions
of the code, the City of Rochester encourages use of techniques which
will promote and encourage conservation of energy and other natural
resources.
As used in this chapter, the following terms
shall have the meanings indicated:
The Commissioner of Neighborhood and Business Development
of the City of Rochester or legally designated representative.
[Amended 6-16-2009 by Ord. No. 2009-179]
The Department of Neighborhood and Business Development of
the City of Rochester.[1]
[Amended 6-16-2009 by Ord. No. 2009-179]
The Director of Buildings and Zoning or legally designated
representative.
[Added 6-20-2017 by Ord. No. 2017-170]
A way of departure on foot from the interior of a building
or structure to the exterior at street or grade, including doorways,
passageways, hallways, corridors, stairways, ramps, fire escapes and
all other elements necessary for egress or escape.
When a curb level has been established, "grade" is curb level.
When a curb level has not been established or when the natural ground
surface at the building is at a different level than the curb level,
"grade" is, with respect to a building, the average ground elevation
adjoining the building.
Any vehicle, including a trailer, which is without a currently
valid license plate or plates and which is in a state of major disassembly,
disrepair, or in the process of being stripped or dismantled. The
Director or Commissioner or their designee shall make the final determination
of whether a vehicle is a "junked vehicle" as defined herein.
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
A dwelling which is designed or intended to be occupied,
or is occupied, as a temporary or permanent residence or home of three
or more families living independently of each other, including but
not limited to the following: a tenement, flat house, maisonette apartment,
apartment house, apartment hotel, tourist house, bachelor apartment,
studio apartment, duplex apartment, kitchenette apartment, hotel,
lodging house, rooming house, boardinghouse, boarding and nursery
school, furnished-room house, club-sorority house, fraternity house,
college and school dormitory, or convalescent, old-age or nursing
home or residence. It shall also include a dwelling two or more stories
in height and with five or more boarders, roomers or lodgers residing
with any one family.[2]
Any vehicle which does not display a current valid license
or registration.
[1]
Editor's Note: The former definition of "Director," as amended,
which immediately followed this definition, was repealed 6-16-2009
by Ord. No. 2009-179.
[2]
Editor's Note: The former definition of "NSC," as amended,
which immediately followed this definition, was repealed 6-16-2009
by Ord. No. 2009-179.
[Amended 6-16-2009 by Ord. No. 2009-179]
The Commissioner shall, consistent with the
express standards, purposes and intent of this chapter, promulgate,
adopt and issue such interpretations, procedural rules, regulations
and forms, and amendments thereto, as are in the Commissioner's opinion
necessary to effective administration and enforcement of the provisions
of this chapter. These interpretations, rules, regulations and forms
shall be available to the public at the office of the Commissioner.
Such rules, regulations and forms shall be effective upon filing with
the City Clerk, as a communication to City Council.
A.
The Property Maintenance Code of New York State shall be applicable in the City of Rochester to all existing land and structures and shall be enforced pursuant to Article IV of this chapter.
[Amended 3-22-2011 by Ord. No. 2011-60]
B.
This chapter shall apply to the following premises
within the City of Rochester:
(1)
Lots, plots or parcels of land which are vacant or
upon which buildings used for dwellings, mixed occupancy, commercial,
industrial or storage uses, whether occupied or vacant, are located.
(2)
Residential dwellings, including private dwellings
and multiple dwellings, unless specifically excluded.
(3)
Buildings of mixed occupancy, occupied in whole or
in part.
(4)
Commercial, industrial and storage buildings.
(5)
Vacant residential, mixed-occupancy, commercial, industrial
and storage buildings.
(6)
Residential, mixed-occupancy, commercial, industrial
and storage buildings which are under construction or demolition,
including buildings not completed, to the extent that a nuisance or
practice exists, or is being carried out, which is a disturbance to
the public health, safety or welfare.
(7)
Accessory structures, accessory to dwellings, commercial,
industrial or vacant buildings.
(8)
Parking lots.
(9)
Junkyards.
(10)
Treelawns, which are defined as the area between the
sidewalk and the curb.
[Added 3-18-2008 by Ord. No. 2008-88]
The provisions of this chapter shall be read
together with other laws, ordinances, codes or regulations. In the
event of a conflict between this chapter and other chapters of the
City Code, that provision that provides a greater level of safety
shall apply.
Installations, alterations and repairs to buildings
and materials, and related assemblies and equipment shall also be
in conformity with the applicable provisions of the Rochester Building
Code, the Fire Prevention Code and the Zoning Code of the City of
Rochester,[1] with the Multiple Residence Law of the State of New York,
and with any other applicable state or local law, ordinance or regulation.
A.
General requirements. Existing electrical fixtures,
devices, wiring and systems shall be maintained in safe working condition
and in a manner which will avoid a potential source of ignition or
shock and shall be properly connected to an adequate source of electric
power. Any alterations shall comply with the requirements of the
National Electrical Code (National Fire Protection Association NFPA
70, as adopted in Section 2701.1 of the New York State Building Code)
and/or the Building Code of the City of Rochester in existence at
the time the work is performed. Fixed wiring, equipment, fixtures
and devices shall be firmly secured to the surface on which they are
mounted. Electrical wiring and equipment shall be protected against
excessive current demands by properly rated over-current devices installed
in approved locations. All panelboards shall be kept free from encumbrances
and shall be accessible to occupants or a resident manager at all
times.
[Amended 11-23-2004 by Ord. No. 2004-369]
B.
Additional residential requirements.
(1)
General.
(a)
Each living unit with less than 500 square feet shall
have at least one fifteen-ampere circuit. For each additional 800
square feet or fraction thereof, one additional fifteen-ampere circuit
shall be provided. A separate twenty-ampere circuit shall be required
within kitchen areas in an appropriate and accessible location for
electrical appliances.
(b)
Any living unit containing one or more of the following,
or similar major electric appliances: electric range, electric clothes
dryer, electric water heater, electric space heater, electric-powered
washing machine, dishwasher and/or garbage disposal, shall have separate
circuits of suitable size and capacity to provide for such equipment.
(c)
Any heating system must be installed on an individual
circuit.
(2)
Single and multiple dwellings.
(a)
Existing single-family dwellings. An existing single-family
dwelling containing not more than six branch circuits shall have a
minimum service capacity of 110 volts, sixty-ampere service. However,
if any additional wiring is required in the system, the service capacity
must be upgraded to at least 220 volts, 100 amperes.
(b)
Two-, three- and four-family-dwelling structures.
[2]
In a two-, three- or four-family dwelling, because of particular electrical use, such as the presence of major electrical appliances or electrical heating facilities, the requirements for a minimum electrical service capacity of the National Electrical Code shall apply if calculated to be greater than those outlined above in Subsection B(2)(b)[1](a], [b] and [c].
(c)
All structures containing five or more dwelling units
shall be required to have an electrical service capacity calculated
in accordance with the National Electrical Code requirements.
(d)
In multiple dwellings having a single electrical meter,
the service capacity shall be calculated in accordance with the National
Electrical Code requirements.
(e)
The electrical capacity for stores and businesses
in mixed-occupancy structures shall be computed independently of dwelling
units within the structure.
(3)
At least one grounded-type receptacle shall be provided
within six feet of all laundry facilities. Adapters shall not be used.
(4)
Unless otherwise permitted in this subsection, when
additional electrical outlets are required they shall be installed
on new circuits that meet the requirements of the National Electrical
Code in force at the time of installation. However, taps from existing
circuits may be allowed if such existing circuits meet the requirements
of the National Electrical Code as to the following:
(5)
With the exception of electrical work in an owner-occupied
single-family home, all electrical work must be installed by a licensed
electrician. Electrical work shall be installed in a neat and workmanlike
manner.
(6)
All installations of electrical equipment require
a permit and shall be inspected and approved by the City of Rochester
or by the designated electrical inspection agencies.
(7)
In multiple-family dwellings, all floors, treads or
landings in public halls, stairways and main entrances shall be clearly
illuminated with artificial light to avoid a safety hazard to occupants.
Artificial lighting shall be made available to all tenants and guests
and shall be connected to the owner's meter. Artificial lighting shall
also be made available at all exterior entrance and exit doors.
(8)
Every bathroom, toilet room, laundry room, furnace
room, boiler room, interior stairway, public hall and kitchen shall
contain at least one electrical lighting fixture.
(9)
Every habitable space in a dwelling shall contain
at least two separate and remote receptacle outlets.
(10)
Extension cords, which are not part of a fixture,
shall not be permitted on a permanent or semipermanent basis as part
of a branch circuit or an extension thereof.
(11)
Every bathroom shall contain at least one receptacle.
Any new bathroom receptacle outlet shall have ground fault circuit
interrupter protection.
[Amended 3-18-2008 by Ord. No. 2008-88]
A.
In one- and/or two-family dwellings, where it has
been demonstrated that third-floor occupancy commenced before January
1, 1984, hardwired interconnected smoke alarms shall be installed
in the basement and in all common areas on each level which are audible
throughout the entire structure, except that for buildings with no
common areas, hardwired interconnected smoke alarms shall be installed
in the basement and on each level.
B.
In multiple dwellings with at least five dwelling units, hardwired interconnected smoke alarms shall be installed in the basement and the public hallways on each floor. This requirement shall be met before a certificate of occupancy is issued pursuant to § 90-16 of the Municipal Code. The installation of these alarms shall comply with the Fire Code of New York State.
C.
In addition to the above, a smoke or heat alarm shall be installed in the nonresidential portion of a mixed-occupancy building containing five or more dwelling units to activate the alarms located in the public hallways on each floor of the residential portion of the building. This requirement shall be met before a certificate of occupancy is issued pursuant to § 90-16 of the Municipal Code.
A.
In every two-family dwelling, mixed-occupancy dwelling
containing two or more families, or multiple dwelling, storm windows,
storm doors, band insulation and attic insulation shall be installed.
B.
The above requirements shall be satisfied before a
certificate of occupancy is issued for transfer of title to a new
owner.
C.
The weatherization materials and installation shall
be subject to the approval of the Director or Commissioner and in
accordance with standards developed by the Director or Commissioner.
A.
In multiple dwellings, where the main entrance is
equipped with separate bells to each dwelling unit, the main entrance
shall remain locked.
B.
In every multiple dwelling two or more stories in
height, every door opening onto a public hall or stairway shall be
equipped with self-closing devices.
C.
Each such self-closing device shall be properly installed
and maintained in good working order. A door so equipped shall be
able, when released, to close and latch under its own power from a
sixty-degree open position. Common screen door spring door closures
shall not be used as self-closing devices.
[Amended 3-18-2008 by Ord. No. 2008-88]
In every multiple dwelling over one story in
height, every apartment, dwelling unit and rooming unit that does
not, for its exclusive use, have direct exit to a street shall have
access to at least one additional exit separate from and independent
of the primary interior stairway or fire tower, constructed in accordance
with the Building Code of the City of Rochester. In multiple dwellings
of less than five units and less than three stories in height, hardwired
interconnected smoke alarms may be installed in the basement and in
all common areas on each level of the structure in lieu of the required
second means of egress.
[Amended 12-20-2005 by Ord. No. 2005-393; 3-18-2008 by Ord. No. 2008-88]
A.
Windows doors and other openings used for ventilation
shall be appropriately screened to prevent the entry of mosquitoes,
flies and other flying insects.
B.
The exterior
portions of all premises shall be maintained free from weeds or plant
growth in excess of 10 inches (254 mm). All noxious weeds shall be
prohibited. Weeds shall be defined as all grasses, annual plants and
vegetation, other than trees or shrubs, provided, however, that this
term shall not include cultivated flowers and gardens.
[Added 3-22-2011 by Ord. No. 2011-60]
A.
A junked vehicle shall not be parked, stored or left
in the open unless it is necessary for the operation of a business
enterprise lawfully situated on private property. Any other junked
vehicle left in the open must be immediately removed from the property
to an approved location.
B.
Powers of the Commissioner. In addition to whatever
powers the Commissioner has, the Commissioner is granted the following
powers:
[Amended 10-21-2003 by Ord. No. 2003-343; 6-16-2009 by Ord. No. 2009-179]
(1)
To administer § 1224 of the New York State
Vehicle and Traffic Law with respect to abandoned vehicles left on
private or city-owned property within the City of Rochester, excluding
the public highways, city parking lots and garages.
(2)
To implement the procedural requirements of Title
15, New York Codes, Rules and Regulations, Part 18 (Abandoned Vehicles),
with respect to abandoned vehicles left on private or city-owned property
within the City of Rochester, excluding the public highways, city
parking lots and garages.
(3)
To determine the value of vehicles utilizing such
criteria as used-car valuation books and the physical and mechanical
condition of the vehicle.
(4)
To dispose of abandoned vehicles, whether through
the Department, through contract or through the Chief of Police, provided
that the disposal complies with the requirements of § 1224
of the New York State Vehicle and Traffic Law.
(5)
To cause the removal of:
(a)
Junked vehicles, as defined in § 90-3 of the Municipal Code, which are parked, stored or left in the open in violation of this section.
(b)
Vehicles without current license plates parked or stored in violation of Municipal Code § 120-163D(1).
(6)
To dispose of junked vehicles and unlicensed vehicles
removed pursuant to this chapter, provided that the procedural requirements
contained herein are complied with.
(7)
To issue outdoor storage permits for unlicensed vehicles.
The issuance of such permits shall be governed pursuant to the following:
(a)
Not more than one vehicle per property shall
be permitted, and a permitted vehicle must be a passenger vehicle.
(b)
No permit shall be issued if there is an off-street
parking deficiency.
(c)
The vehicle shall be covered with a commercial,
fitted car tarpaulin.
(d)
The term of the permit shall be six months,
renewable.
(e)
The permit fee shall be $25.
(f)
Unlicensed vehicles shall not be stored in any
required parking space or in access to or maneuvering space for any
required parking space or in any required open space, and storage
of the vehicle shall otherwise comply with all requirements of the
Zoning Code[1] and the remainder of the Municipal Code.
(g)
The vehicle shall be owned by the resident of
the property, and proof of ownership and residency shall be provided
at the time of application for the permit.
C.
Procedural requirements relating to unlicensed, abandoned
and junked vehicles.
[Amended 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-176; 6-16-2009 by Ord. No. 2009-179]
(1)
The Commissioner shall give the property owner and
vehicle owner, if known, written notice of the violation and of the
right to an administrative hearing by first-class mail with delivery
confirmation sent to the property owner's address on file in the Bureau
of Assessment and to the vehicle owner at his or her last known address,
prior to causing the removal of any vehicle from private property.
The notice shall give the property owner and vehicle owner, if known,
10 days from the date of mailing to request a hearing or remove the
vehicle. The property owner and/or vehicle owner shall be permitted
to be represented by counsel at the hearing, to submit evidence and
summon witnesses on his or her behalf, to inspect documents and to
cross-examine opposing witnesses. Compliance with the technical rules
of evidence shall not be required. Failure to request a hearing or
remove a vehicle within the designated time shall be deemed a waiver
of rights and an authorization for the Commissioner to remove said
vehicle in accordance with this section.
(2)
The Commissioner and his or her employees are authorized
to enter onto private property to conduct inspections and remove vehicles
in accordance with this section and shall have the power to seek and
obtain warrants where such are constitutionally required.
(3)
The Commissioner may immediately remove any unlicensed,
junked or abandoned vehicle left on City-owned property other than
public highways, city parking lots and garages.
(4)
Property and vehicle owner liability and disposition
of vehicles removed by the Commissioner.
(a)
The Commissioner shall deliver vehicles removed in accordance with this section to the Chief of Police for storage and disposal in accordance with § 111-72 of the Municipal Code, except that the Commissioner may immediately sell to a vehicle dismantler or a scrap processor any vehicle whose title immediately vests in the City of Rochester as an abandoned vehicle pursuant to § 1224 of the New York State Vehicle and Traffic Law and, in abating the nuisance, any junked or unlicensed vehicle of a wholesale value, taking into consideration the condition of the vehicle, of $1,250 or less, removed from public or private property pursuant to this section.
(b)
For vehicles removed from private property, the property owner and vehicle owner shall be liable, jointly and severally, to the City of Rochester for the costs of removal, storage and disposal of any vehicle removed, stored and/or disposed of by the Commissioner. The amount due for removal and storage shall be as sets forth in § 111-72 of the Municipal Code.
[1]
Any proceeds from the sale of a vehicle shall
first be used to pay any expenses incurred by the City of Rochester.
Any excess proceeds shall be returned to the vehicle owner, if known.
If the vehicle owner is unknown, the excess proceeds shall be held
by the City without interest, for the benefit of the vehicle owner
for a period of one year. If not claimed within the one-year period,
the excess proceeds shall be paid into the City's general fund.
D.
Junked, unlicensed and abandoned vehicles deemed a
public nuisance. Notwithstanding any inconsistent provision of any
local law or ordinance, any junked, abandoned or unlicensed vehicle
standing, parked or stored on private or city-owned property in violation
of any law or ordinance, within the City of Rochester, shall be deemed
a public nuisance which shall be abated by the person or persons causing
such public nuisance or by the property owner or by the Commissioner
as provided herein. The sale of said vehicles by the City, either
immediately or after a required holding period, shall constitute an
integral step in the abatement of the nuisance.
[Amended 6-16-2009 by Ord. No. 2009-179]
[Amended 2-14-2006 by Ord. No. 2006-22; 7-18-2006 by Ord. No. 2006-224]
A.
When required:
(1)
No person shall permit the occupancy of a one-family rental dwelling, a building containing two or more dwelling units, or a mixed-occupancy building containing one or more dwelling units unless a valid certificate of occupancy is in effect for said building. If such a building is occupied in violation of this section, a ticket may be served on the owner of the building. The violation shall be considered a health and safety violation for which the penalties set forth in § 13A-11D(1)(c) of the Municipal Code shall apply.
[1]
Editor's Note: This ordinance provided an effective date of
8-1-2023.
(2)
In addition to the requirements of § 39-213 of the City Code, a certificate of occupancy or a conditional certificate of occupancy must be obtained within 90 days prior to the occurrence of any of the following:
(a)
The transfer of title to a new owner of any
two-family dwelling unless a certificate of occupancy has been issued
within two years of the transfer date.
(b)
The reoccupancy of a dwelling which has been
entirely vacant for more than two months, unless a certificate of
occupancy has been issued within a year of the reoccupancy.
(c)
A change of occupancy or use that would bring
a dwelling under a different or additional classification of this
chapter, the Building Code, Zoning Code, Fire Prevention Code or other
provisions of the City Code.
(d)
The expiration or termination of a valid certificate
of occupancy for a subject dwelling.
(e)
A change of occupancy whereby a one-family dwelling
or a two-family dwelling is no longer occupied by the owner, or a
spouse, child, parent or sibling of the owner. For one-family dwellings
or two-family dwellings that are not occupied by an owner, or a spouse,
child, parent or sibling of the owner, on September 1, 2012, a certificate
of occupancy or a conditional certificate of occupancy shall be obtained
immediately, but in no event later than 40 days after notice is sent
by the City by regular first-class mail to the owner, at the owner's
address on file with the City.[2]
[Amended 6-16-2009 by Ord. No. 2009-179; 7-24-2012 by Ord. No.
2012-297]
[2]
Editor's Note: Former Subsection A(3), concerning ordering
occupant to vacate a dwelling, as amended, which immediately followed
this subsection, was repealed 5-14-2013 by Ord. No. 2013-135.
B.
When waived.
[Amended 6-16-2009 by Ord. No. 2009-179]
(1)
The Commissioner shall waive the requirement for obtaining
a new certificate of occupancy when title is transferred in any of
the following manners, provided that a valid certificate of occupancy
is then in effect for said building:
[Amended 5-14-2013 by Ord. No. 2013-135]
(a)
By an executor or administrator in the administration
or settlement of an estate.
(b)
In lieu of foreclosure.
(c)
By a court-appointed referee.
(d)
By a trustee in bankruptcy.
(e)
To or by an assignee for benefit of creditors.
(f)
By the Monroe County Sheriff pursuant to a judicial
sale.
(g)
To a municipality as a result of tax foreclosure.
(h)
Between husband and wife.
(i)
To a person who had immediate, previous legal
ownership in whole or in part.
(j)
Pursuant to the formation, reorganization or
dissolution of a partnership or corporation.
(k)
By a corporation to its shareholders.
(l)
To the United States Department of Housing and
Urban Development or to the Administrator of Urban Affairs.
(m)
By a person who retains life use of and/or interest
in the property.
(2)
The Commissioner shall waive the requirement for an interior inspection
prior to the issuance of a certificate of occupancy for a unit upon
submission of a certification by the Rochester Housing Authority (RHA)
stating that the dwelling unit in a one- or two-family structure is
in compliance with the inspection and clearance requirements of the
RHA's housing programs as governed by the Department of Housing and
Urban Development (HUD):
[Amended 7-24-2012 by Ord. No. 2012-297]
(3)
The Commissioner shall issue or deny the waiver within 10 business
days of receipt of a written request.[3]
[3]
Editor's Note: Former Subsection B(4), concerning application
for waiver of a certificate of occupancy by an owner who does not
or whose family members do not occupy a dwelling, which immediately
followed this subsection, was repealed 7-24-2012 by Ord. No. 2012-297.
C.
Exemption.
[Added 7-24-2012 by Ord. No. 2012-297[4]]
(1)
One-family and two-family owner-occupied dwellings are exempt from
the certificate of occupancy requirement. One-family and two-family
dwellings occupied in whole or in part by the spouse, child, parent
or sibling of the owner are eligible to be exempted from the certificate
of occupancy requirement upon completion and submission of an exemption
request form. Once approved, the exemption must be renewed every three
years through submission of a new exemption request form.
(2)
One-family dwellings and two-family dwellings owned and operated
by the Rochester Housing Authority's public housing program and subject
to the required inspections, performed by a certified employee of
the Rochester Housing Authority, are exempt from the certificate of
occupancy requirement.
D.
Contents of a certificate of occupancy. All certificates of occupancy shall state that the subject dwelling substantially conforms to the provisions of this chapter, the Building Code, the Zoning Code, the New York State Multiple Residence Law (if applicable) and other provisions of the City Code. Whenever the interior portion of the inspection for the certificate of occupancy process is waived for a particular unit, in accordance with Subsection B(2), it shall be noted on the document.
[Amended 7-24-2012 by Ord. No. 2012-297]
E.
Conditional certificate of occupancy. The Commissioner, in his or her discretion, may issue a conditional certificate of occupancy prior to the occurrence of any of the events enumerated in Subsection A herein when occupancy or use of the building will not jeopardize life or property, and:
[Amended 6-16-2009 by Ord. No. 2009-179]
(1)
The subject dwelling is near substantial compliance
with this section and all other applicable laws, ordinances and rules;
(2)
The work required to bring the dwelling into full
compliance is not essential to making the building habitable;
(3)
The dwelling complies with the Zoning Code as evidenced
by the endorsement of the head of the bureau or division responsible
for administering the Zoning Code; and
(4)
The owner of record, or contract vendee, or lessee
has agreed with the Commissioner on a schedule of rehabilitation or
demolition.
F.
Contents of conditional certificate of occupancy. A conditional certificate of occupancy shall state that the subject dwelling complies with the requirements of Subsection E herein and shall specify the purposes for which the building may be used in its several parts. It shall also specify the date by which the owner of record must obtain the certificate of occupancy specified in Subsection D herein and warn that failure to obtain the certificate of occupancy by the date shall be sufficient cause for revoking the conditional certificate of occupancy without further notice to the owners and other interested parties. Time limitations set forth in conditional certificates of occupancy shall constitute amendments to time limitations imposed by prior notices and orders by the Department.
[Amended 7-24-2012 by Ord. No. 2012-297]
G.
Issuance and filing.
(1)
A certificate of occupancy shall be issued by the
Department within 10 days after an inspection by the Department reveals
that a subject dwelling is in substantial compliance with applicable
laws, ordinances or rules.
(2)
A record of all certificates of occupancy, and conditional
certificates of occupancy and their status, shall be kept in the office
of the Commissioner, and copies shall be furnished, upon request,
to the public.
[Amended 6-16-2009 by Ord. No. 2009-179]
H.
Validity of certificate of occupancy.
(1)
Expiration.
(a)
A certificate of occupancy for either a one-family dwelling or a two-family dwelling not occupied by the owner, or the spouse, child, parent or sibling of the owner, issued on or after July 1, 2006, shall remain valid for a period of six years from the date of issuance, unless sooner terminated pursuant to Subsection H(1)(c) or by the occurrence of any of the events enumerated in Subsection A(2)(a) or (b), or the failure of the dwelling to remain in substantial compliance with the provisions of this chapter and all other applicable laws, ordinances and rules.
[Amended 7-24-2012 by Ord. No. 2012-297; 5-14-2013 by Ord. No.
2013-135]
(b)
A certificate of occupancy for a building containing three or more dwelling units or a mixed-occupancy building containing at least one dwelling unit issued on or after July 1, 2006, shall be valid for a period of three years unless sooner terminated by the occurrence of any of the events enumerated in Subsection A(2)(a) or (b) herein, or the failure of the dwelling to remain in substantial compliance with the provisions of this chapter and all other applicable laws, ordinances and rules.[5]
[5]
Editor's Note: Former Subsection H(2), Renewal, as amended,
which immediately followed this subsection, was repealed 5-14-2013
by Ord. No. 2013-135.
(c)
A certificate of occupancy for either a one-family dwelling or a two-family dwelling not occupied by the owner, or the spouse, child, parent or sibling of the owner, issued on or after January 1, 2014, which is located in the "high-risk area," as defined in § 90-55 of the Municipal Code, and where an interior deteriorated paint violation was identified and corrected by applying interim controls, shall remain valid for a period of three years from the date of issuance, unless sooner terminated by the occurrence of any of the events enumerated in Subsection A(2)(a) or (b) or the failure of the dwelling to remain in substantial compliance with the provisions of this chapter and all other applicable laws, ordinances and rules.
[Added 5-14-2013 by Ord. No. 2013-135]
I.
Inspections.
[Amended 6-16-2009 by Ord. No. 2009-179]
(1)
Notwithstanding the existence of the valid certificate
of occupancy, the Commissioner, Fire Chief or head of the bureau or
division responsible for administering the Zoning Code may cause the
subject building to be inspected as often as may be necessary for
the purpose of ascertaining and causing to be corrected any violations
of the provisions of the laws, ordinances or rules which they enforce.[6]
J.
Renewal. The owner of record shall apply for and obtain a new certificate of occupancy within 90 days prior to the expiration or termination of a valid certificate of occupancy pursuant to Subsections A(2) or H(1) herein.
[Added 5-14-2013 by Ord. No. 2013-135[7]]
[7]
Editor's Note: This ordinance also redesignated former Subsection
J as Subsection N.
K.
Warrants. The Director and Commissioner shall each have the authority to seek inspection warrants, pursuant to Article I, Part B, of the Charter of the City of Rochester, where the same are constitutionally required, regardless of whether an application for a certificate of occupancy has been submitted.
[Added 5-14-2013 by Ord. No. 2013-135]
L.
Remedies. When a certificate of occupancy is required, unless a valid certificate of occupancy is in effect for said building, the Director or Commissioner may order occupants of the building to vacate the building, may serve a ticket on the owner of the building, which shall be a high-level violation for which the penalties set forth in § 13A-11D(1)(c) of the Municipal Code shall apply, or may pursue any other penalty or remedy set forth in this chapter or Chapter 52 of the Municipal Code, or any other penalty or remedy provided by law.
[Added 5-14-2013 by Ord. No. 2013-135]
M.
Voiding existing certificate of occupancy. Whenever violations of the Property Conservation Code, Building Code, Fire Prevention Code, Zoning Code or any applicable law, ordinance or rule are discovered, and those violations affect the structure’s substantial compliance with the applicable law, ordinance or rule, an existing certificate of occupancy may, at the discretion of the Commissioner or Director, be declared null and void. If such declaration is made, the Commissioner or Director may order occupants of the building to vacate the building through notification to the owner(s) and the occupants of the property, in writing, in the same manner as the service of a notice and order, as set forth in § 52-6 of the Municipal Code, unless an emergency exists, in which case an immediate vacate may be ordered.
[Amended 5-14-2013 by Ord. No. 2013-135]
N.
Liability for damages. This code shall not be construed
to hold the City of Rochester responsible for any damages to persons
or property by reason of inspections made pursuant to an application
for a certificate of occupancy or issuance of or the failure to issue
a certificate of occupancy.
A.
Purpose and definitions.
(1)
Purpose. In the City of Rochester there are vacant
structures which do not possess the protective measures normally provided
by legal occupants, making such structures subject to unlawful entry,
vandalism and fires. Therefore, these vacant structures present a
potential health and safety hazard to the general public, the immediate
neighbors and residents and public employees performing municipal
duties and services in the area or at the site of the vacant structure.
(2)
SECURE
VACANT BUILDING
VACANT LOT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
To render inaccessible to unauthorized entry by closing,
bolting, repairing, boarding or otherwise fastening all doors, windows
and other openings through which unauthorized entry may be gained.
Any building, commercial or residential, in which no occupant
lawfully resides or no tenant is in lawful possession, or any building
otherwise not being used for any lawful occupancy.
[Amended 5-23-2023 by Ord. No. 2023-172[1]]
A lot, other than parklands, which is not improved by a structure
and is not regularly maintained.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2024.
B.
Owner's duties.
(1)
Vacant buildings. It shall be the duty or every owner
of property which has a vacant building thereon:
(a)
To maintain the building in a safe and sanitary
condition and in compliance with this Property Code and Sections 302
and 304 of the Property Maintenance Code of New York State.
[Amended 3-18-2008 by Ord. No. 2008-88]
(b)
To secure the building to prevent unauthorized
entry.
(c)
To maintain the yard free of refuse, high grass
and overgrown weeds.
(d)
To paint all boarded openings in a neutral or
earth-tone color. A "neutral color" is defined as one which is a similar
shade to the existing color of the structure.
(2)
Vacant lots. It shall be the duty of every owner of
a vacant lot to maintain the lot in a safe and sanitary condition
and in compliance with the Property Code. It shall also be the duty
of every owner of a vacant lot to maintain the lot free of refuse,
high grass and overgrown weeds.
C.
Program to maintain, secure and clear. The Commissioner
shall organize and implement a program to identify vacant lots and
to maintain and secure vacant buildings and clear vacant lots when
owners are unwilling or unable to discharge their duties described
above. The program shall meet the following minimum objectives:
[Amended 6-16-2009 by Ord. No. 2009-179]
(1)
Identification of vacant buildings and lots. The Commissioner
will identify complaints received by the Department, information received
from other City departments and surveys conducted by the Department.
The Commissioner will have buildings and lots inspected to determine
whether they are in fact vacant.
(2)
Notification of owners. Notice sent to the owner by
first-class mail addressed to the owner's address as appears in the
records of the Bureau of Assessment, or to the owner's last known
address or place of residence if such address does not appear in the
records of the Bureau of Assessment, shall be sufficient notification.
Notice to the owner by mail addressed to the owner's last address
known to the Commissioner will be sufficient notification. The notice
shall specify the type of charges or penalties to which the owner
may be subject if the owner fails to act in accordance with the Commissioner's
order. The notice must specify the sections of the City Code which
the owner is violating.
(3)
Discharge of owner's duties by city.
(a)
If the owner fails to comply with the notice
within five days after the notice is sent, the Commissioner may have
the owner's duties discharged by City employees or contractors. The
owner will be billed by the Commissioner for any costs incurred by
the City. It shall be the personal obligation of the owner to reimburse
the City for such costs.
(b)
If the owner has previously disregarded the
orders of the Commissioner and thereafter the property again is in
violation of this section, the Commissioner may again discharge the
owner's duties, at the owner's expense, without notice to the owner.
D.
Standards of safety and sanitation. A vacant building
or lot is neither safe nor sanitary when any of the following conditions
exist:
(1)
The building walls or other structures are in poor
structural condition or the floors are overloaded, or there are other
major structural defects.
(2)
The building and its contents constitute a fire hazard.
(3)
Violations of the Property Code exist which are danger
to health, safety or public welfare.
(4)
Other conditions exist which endanger the health,
safety or welfare of the public.
E.
Foreclosure against an abandoned private dwelling
or multiple dwelling. The Commissioner may institute a proceeding
in accordance with Article 19-B of the Real Property Actions and Proceedings
Law.
[Amended 6-16-2009 by Ord. No. 2009-179]
F.
Demolition proceedings.
[Amended 6-16-2009 by Ord. No. 2009-179]
(1)
Inspection. Upon the receipt of information that a
vacant structure may be unsafe or dangerous to the health, safety
or welfare of the public, the Commissioner shall cause an inspection
to be made, and a report of that inspection shall be reduced to writing
and maintained at the office of the Commissioner.
G.
Powers of Commissioner. In addition to whatever powers
the Commissioner has, the Commissioner is granted the following powers:
[Amended 6-16-2009 by Ord. No. 2009-179]
(1)
Order to vacate. Upon the declaration of an emergency,
the Commissioner may order occupants of the subject structure to vacate
the structure immediately.
(3)
Closing streets and other places. The Commissioner
shall have the power to close temporarily sidewalks, streets, structures
and other places adjacent to structures which have become the subject
of an emergency order. The Commissioner may also prohibit such places
from being used or occupied. The Commissioner of Environmental Services,
the Chief of Police and the Fire Chief, when called upon by the Commissioner
to cooperate, will assist in the enforcement of such orders or requirements,
after consultation and agreement.
(4)
Employment of contractors and materials. The Commissioner
may employ such contractors and purchase such materials as may be
necessary to perform work under an emergency order.
(5)
Order to secure. The Commissioner may order the immediate securing of a vacant structure or portion thereof to prevent unauthorized entry when the same is deemed necessary to protect against arson, drug usage and other illegal activities at the structure or in order to provide for the health, safety or welfare of any remaining occupants of the structure and neighboring residents. The costs of the securing shall be a personal liability of the property owner, who shall be billed therefor. Such costs shall also be a lien upon the property from the first day the costs are billed to the owner. Such costs, if not paid, may be added to a subsequent tax bill for the property pursuant to § 6-94 of the City Charter.
A.
Owners of premises shall be responsible for compliance with the provisions of this chapter and shall remain responsible therefor except as otherwise provided in Subsection D hereof, regardless of the fact that this chapter may also place certain responsibilities on occupants and regardless of any agreements between owners or occupants as to which party shall assume such responsibility.
B.
Owners and operators of multiple dwellings shall be
responsible for proper installation, maintenance, condition and operation
of service facilities and for furnishing adequate heat and hot-water
supply where they have contracted to do so.
C.
Whenever any person or persons shall be in actual
possession of or have charge, care or control of any property within
the City as executor, administrator, trustee, guardian, operator or
agent, such person shall be deemed and taken to be the owner of said
property within the true intent and meaning of this chapter and shall
be bound to comply with the provisions of this chapter to the same
extent as the recorded owner; and notice to any such person or any
order or decision of the Commissioner shall be deemed and taken to
be good and sufficient notice, as if such person or persons were actually
the record owner or owners of such property.
[Amended 6-16-2009 by Ord. No. 2009-179]
D.
The hearing examiner may grant an owner an adjournment
in contemplation of dismissal, for a period not to exceed four months,
on any violation which the owner proves clear and convincing evidence
was caused by the lessees or occupants of a specific unit. The violation
shall be dismissed if, prior to the expiration of the period of adjournment,
the owner provides proof that the violation has been corrected. Notwithstanding
such an adjournment, the premises, if vacated by the current lessees
or occupants, shall not be reoccupied until all immediate hazard category
violations relating to the unit have been corrected. If, at the expiration
of the period of adjournment, the violation has not been corrected,
the proceeding shall not be dismissed, and the hearing examiner shall
promptly determine the charge.
[Amended 5-23-2023 by Ord. No. 2023-171[1]]
[1]
Editor's Note: This ordinance provided an effective date of
8-1-2023.
[Added 4-15-2008 by Ord. No. 2008-138]
A.
Declaration of legislative findings.
(1)
Graffiti on public and private property is a blighting
influence which not only depreciates the value of the property which
has been the target of such graffiti but also depreciates the value
of the adjacent and surrounding properties and, in so doing, negatively
impacts upon the entire community. The City has in the past undertaken
to remove graffiti from public property but has been unable to mount
successful programs for encouraging the owners of private property
to undertake to remove graffiti from walls, buildings, structures
and other surfaces.
(2)
The Council finds that graffiti is a public nuisance
and, unless promptly removed from public and private properties, tends
to remain and to attract more graffiti; other properties are then
the target of graffiti. The City Council therefore determines that
it is appropriate that the City of Rochester develop procedures to
cause graffiti to be swiftly removed from public and private property
under the circumstances set forth hereinafter. Through the adoption
of this section, it is the Council's intent and purpose to reduce
blight and deterioration within the City and to protect the public
health and safety and to provide additional tools to protect public
and private property from acts of graffiti vandalism and defacement.
The Council does not intend for this section to conflict with any
existing anti-graffiti state laws.
B.
COMMISSIONER
GRAFFITI
INDECENT MARK
LEGAL WALL
OBSCENITY
PRIOR WRITTEN CONSENT
Definitions. As used in this section, the following terms shall have the meanings indicated. Where there is a conflict with the definitions found in § 90-3, the definition found herein shall apply to this section.
The Commissioner of Environmental Services or his or her
designee.
Any unauthorized inscription, word, figure, marking or design,
painting and/or other defacement that is written, marked, etched,
scratched, sprayed, drawn, painted, posted, pasted, glued or engraved
on or otherwise affixed to any surface of public or private property
without the prior written consent of the owner of the property or
the owner's authorized agent, except for marks placed on legal walls.
A mark that portrays sexual or excretory activities and organs
in a manner that is patently offensive as measured by contemporary
community standards.
A surface identified by the City where individuals may place
their graffiti marks and not violate this chapter.
As defined in § 235 of the New York State Penal
Law.
For purposes of graffiti, written consent secured from the
owner of the property or the owner's authorized agent, contained on
a form prescribed by the Commissioner and registered with the City
pursuant to this section prior to the application of the graffiti.
C.
Graffiti is a public nuisance and is prohibited.
(1)
It shall be unlawful for any person to apply graffiti
to any surface on any public or private property.
(2)
The existence of graffiti on public or private property
is a public nuisance and, therefore, is subject to removal and abatement
provisions specified in this section.
(3)
It is the duty of the occupant, lessee, agent and
owner of the property to which the graffiti has been applied to keep
the property clear of graffiti at all times.
D.
Removal or covering of graffiti.
(1)
Requirement to remove graffiti. Any person applying
graffiti on public or private property shall have the duty to properly
remove or cover the graffiti, or pay for the same, within 24 hours
after notice by the City or the private owner of the property involved.
Where the graffiti is applied by an unemancipated minor, the parents
or legal guardian of such minor shall be responsible for the proper
removal or covering or for payment for the same.
(2)
Removal of graffiti by the property owner or City. If graffiti is not properly removed or covered by the applicator according to § 90-19D(1), graffiti shall be properly removed or covered pursuant to the following provisions:
(a)
The occupant, lessee, agent and property owner
of any premises on which there is any form of graffiti shall be required
to properly remove or cover the graffiti within 10 business days after
notice from the City.
(b)
Removal of graffiti by City on private property.
Due to budgetary and safety concerns, City employees may only remove
or cover graffiti on a privately owned premises once a calendar year,
only if it is on the first floor, and only if written consent is provided
by the property owner or duly authorized agent on a form provided
by the Commissioner within 10 business days after the initial notice
from the City.
[Amended 6-16-2009 by Ord. No. 2009-178]
(3)
Summary removal of obscene or indecent marks. The
City shall continue to summarily remove or cover obscene or indecent
marks which are visible to the public on public or private properties.
E.
Registry.
(1)
The Commissioner shall maintain a registry of all
graffiti and prior written consent forms in the City of Rochester.
The registry shall contain the property address, photographs of the
graffiti, the date it was first identified and the date it was removed,
and copies of any written consent forms searchable by the property
address, by the author or by the mark.
(2)
Prior to the removal or covering of any graffiti,
the person removing or covering the graffiti shall take photographs
of the graffiti and forward them to the Commissioner.
F.
Identification of legal walls. The Commissioner may
establish a program in which legal places for graffiti artists to
temporarily place their marks are identified and permitted. If such
a program is established, the Commissioner is authorized to establish
rules and regulations governing the program. No artistic rights shall
be created through the application of graffiti on legal walls. Permission
to place marks on the legal walls is conditioned upon the City reserving
the right to remove or cover any and all marks without any prior notice.
Prior written consent by the City to apply graffiti to legal walls
is not required.
[Added 1-20-2009 by Ord. No. 2009-5[1]]
A.
The owners of all buildings shall register with the
City as required herein.
B.
The owners of all buildings existing as of the effective
date of this section shall register upon notice by the Director or
upon submission of an application for a new or renewal certificate
of occupancy.
C.
The owner of a new building shall register the building
prior to allowing occupancy thereof.
D.
The owner of any building already registered with
the City shall reregister within 10 days after any change occurs in
registration information. A new owner of a registered building shall
reregister the building within 10 days of assuming ownership.
E.
The City shall maintain a registry of all buildings containing the
following information, which shall be provided by the owner on forms
available from the City:
[Amended 8-15-2017 by Ord. No. 2017-258[2]]
(1)
Name, street address and business telephone number of the owner.
(2)
If the owner is not a natural person or is a natural person and the building is required to have a certificate of occupancy pursuant to § 90-16, the name, street address and business telephone number of the agent, manager or principal maintenance person to be responsible for and in control of the property shall also be provided on the application. If a principal, a partner or the owner resides in a 13020 through 13905 or 14001 through 14925 zip code, he or she may designate him or herself as such property maintenance person. If a principal, partner or the owner does not reside in a 13020 through 13905 or 14001 through 14925 zip code, he or she must designate a person who resides in Monroe County as such property maintenance person. Such designation can be a responsible employee of a property maintenance company located in Monroe County. Any designation made pursuant to this section shall remain in full force and effect until changed or terminated.
(3)
For purposes of this section, a post office box shall not be accepted
as a street address.
(4)
All notices of violation and other service of process upon an owner,
if mailed, shall continue to be mailed to the owner's tax mailing
address if such address has been provided by the owner to the City.
(5)
It shall be a violation of this chapter for an owner to fail to provide the information or to provide inaccurate information required herein for the registry. A ticket may be served on the owner of a building who fails to register, reregister or otherwise comply with the provisions of this section. The violation shall be considered a health and safety category violation for which the penalties set forth in § 13A-11D(1)(b) of the Municipal Code shall apply.
[Amended 5-23-2023 by Ord. No. 2023-171[3]]
[3]
Editor's Note: This ordinance provided an effective date of
8-1-2023.
[2]
Editor's Note: This ordinance provided an effective date of
9-1-2017.
F.
If the
owner is a limited liability company, the following additional information
and documentation shall be provided to the building owner's registry:
[Added 5-23-2023 by Ord. No. 2023-172[4]]
(1)
A document identifying the names and business addresses of all members,
managers, and any other authorized persons, if any, of such limited
liability company.
(2)
If any such member, manager, or authorized person of the limited
liability company is itself a limited liability company or any other
business entity that is not a publicly traded entity, REIT, UPREIT,
or mutual fund, the names and addresses of the shareholders, directors,
officers, members, managers, and partners of such limited liability
company or other business entity shall also be disclosed until full
disclosure of ultimate ownership by natural persons is achieved.
(3)
For the purposes of this Subsection F, the terms "members," "managers," "authorized person," "limited liability company" and "other business entity" shall have the same meaning as those are defined in § 102 of the Limited Liability Company Law.
(4)
The identification of such names and addresses shall not be deemed
an unwarranted invasion of personal privacy pursuant to Article 6
of the NYS Public Officers Law.
[4]
Editor's Note: This ordinance provided an effective date of
1-1-2024; it also redesignated former Subsection F as Subsection G.
G.
This section
shall not apply to buildings that are owner-occupied one-family dwellings
or owner-occupied two-family dwellings; buildings owned by federal,
state or local government units; hospitals; schools, colleges or universities;
or commercial or industrial buildings that maintain operations for
24 hours each day or that have security on site 24 hours each day.
A single registration shall be required for all buildings on a property.
[1]
Editor's Note: This ordinance also provided
that it shall take effect 7-1-2009.
[Added 5-23-2023 by Ord. No. 2023-172[2]]
A.
Purpose. The City of Rochester faces a growing vacant building crisis. Vacant buildings, by their very nature, impose disproportionate costs on both the City at large and the neighborhoods in which they are located. These include, but are not limited to, increased risk of fire, illegal occupancy, and use for sex trafficking and drug sales. The purpose of this section is to establish a program for identifying and registering vacant buildings in order to incentivize their rehabilitation and improve public safety in concert with other vacant property obligations and remedies set forth in § 90-17 and elsewhere in this chapter.
B.
VACANT BUILDING
Definitions. As used in this section, the following term shall have
the meaning indicated:
Any building, commercial or residential, in which no occupant
lawfully resides or no tenant is in lawful possession, or any building
otherwise not being used for any lawful occupancy.
C.
Vacant building registration. With the exception of exemptions specified in Subsection F herein, the owner or owners of a vacant building (hereinafter referred to individually and collectively as "the owner") shall register such building with the Commissioner of the Department of Neighborhood and Business Development (Commissioner) no later than 60 days after the building becomes vacant and shall renew the registration on an annual basis thereafter for so long as the building remains vacant.
(1)
Initial registration. The initial registration shall be submitted
on a form provided by the Commissioner and shall include the following
information and documents:
(a)
The address of the vacant building.
(b)
The name, address, and telephone number of each owner of the
building.
(c)
A photocopy of a government-issued photo identification for
each owner.
(d)
If the owner is a limited liability corporation (LLC), then the registration shall identify the names and business addresses of all members, managers, and any other authorized persons, if any, of such LLC, and, if any such member, manager, or authorized person of the LLC is itself an LLC, then the registration shall include such additional information and documentation as is required by § 90-20F for LLCs enrolling in the building owner's registry.
(e)
If the owner is not a natural person, then the registration
shall specify the name, street address and business telephone number
of a natural person who is designated by the owner as responsible
to serve as an agent, manager or principal maintenance person who
is in control of the vacant building property.
(f)
If the owner resides or is located outside of Monroe County,
the registration must include the name, street address, and telephone
number of a person or business entity residing or located in Monroe
County who shall be responsible for maintaining the vacant building
property.
(h)
A certificate indicating that the property is insured for the
period that the building remains vacant.
(2)
Renewed registration. The term for each initial registration and for each renewed registration filed in accordance with this section shall expire on the last day of the 12th month following the filing of the initial or renewed registration. If a subject building remains vacant after the registration term expires, then the owner must file a renewed registration no later than the expiration date. The renewed registration shall be submitted on a form provided by the Commissioner and shall include an updated version of the information and documents that are required for the initial registration listed in Subsection C(1).
(3)
Registration fee. Each registration, whether it be initial or renewed,
shall be accompanied by the payment of a registration fee that is
based on the type and the tenure of the vacant building in accordance
with the following fee schedule:
|
Building Type
|
Year 1: Initial Registration
|
Year 2: First Renewed Registration
|
Years > 3: Each Subsequent Registration
|
|---|---|---|---|
|
1- to 3-unit residential
|
$250
|
$500
|
$1,000
|
|
4- to 6-unit residential
|
$500
|
$1,000
|
$2,000
|
|
7+ unit residential
|
$100 per unit
|
$200 per unit
|
$400 per unit
|
|
Commercial:
the greater of:
|
$1,000 or $0.05 per square foot
|
$2,000 or $0.10 per square foot
|
$4,000 or 0.20 per square foot
|
|
Provided, however, that the fee shall be $100, regardless of property type, for every initial registration that is accompanied by a vacant building management plan that provides for either of the demolition or the rehabilitate/reoccupy option compliant with Subsection D herein, and provided further that if the plan for demolition or rehabilitate/reoccupy is not approved by the Commissioner or is not implemented in accordance with the plan and time frame specified by the owner, the owner shall be required to pay an additional surcharge fee on the subsequent renewal registration that shall be the initial Year 1 registration fee for the pertinent building type, less $100.
|
(4)
Transfer
of ownership. One owner's filing of a vacant building registration
is not transferable to a subsequent owner. Regardless of whether the
prior owner has filed a complete registration, the new owner must
submit to the Commissioner its own registration for a vacant building
within 60 days of any transfer of ownership interest therein. The
registration form must include all the elements, including the fee,
that are required for an initial registration.
D.
Vacant building management plan. Every vacant building registration
shall be accompanied by a vacant building management plan (management
plan). The management plan shall address one or more of the following
three management options for the vacant building property:
(1)
Demolition. The plan for this option shall include a time schedule indicating when major phases of the work are to be initiated and completed, including those activities necessary to protect worker safety, human health and the environment and to satisfy site restoration and design standards as set forth in the City's Demolition Regulations in Chapter 47A of the Municipal Code.
(2)
Rehabilitate and reoccupy. The plan for this option shall include
a time schedule of the major phases of repair, renovation and rehabilitation
activities to be completed no later than the expiration of the registration
to which it is attached.
(3)
Stabilize and maintain. If the building is to remain vacant indefinitely or for so long as it will remain vacant prior to the implementation one of the foregoing demolish or rehabilitate/reoccupy options, the plan should include a list and time schedule for all measures necessary to maintain and secure the building in accordance with the owner's duties and standards of safety and sanitation set forth in § 90-17 of this chapter, as well as a statement of the reasons why the building will be left vacant either indefinitely or temporarily prior to implementing one of the demolition or rehabilitate/reoccupy options.
The Management Plan shall be reviewed by the Commissioner, and
the registration to which it is attached shall not be deemed complete
until the management plan is approved by the Commissioner. The management
plan shall be submitted on a form provided by the Commissioner, and
upon completing the review, the Commissioner shall notify the owner
that the management plan is either accepted or rejected and, in the
case of a rejection, what additions or modifications are necessary
to make the management plan acceptable.
E.
Violations: The failure to abide by the vacant building registry requirements of this section, including, but not limited to, the obligations to submit a complete registration, to submit the correct registration fee, to submit a complete management plan, to remedy any deficiencies in the management plan identified by the Commissioner, and to implement all the elements of the approved management plan on a timely basis, shall constitute a violation of this Property Code chapter, which shall be subject to the enforcement procedures, notices and orders, and penalties for offenses that are specified or referenced in Chapter 52 of the Municipal Code, Enforcement Procedures. A ticket may be served on the owner of a vacant building who fails to register, renew a reregistion or otherwise comply with the provisions of this section. The violation shall be considered a health and safety category violation for which the penalties set forth for that category in § 13A-11D(1) of the Municipal Code shall apply.
F.
Exemptions. The vacant building registration requirements of this
section do not apply to:
(1)
Any single-family owner-occupied residential dwelling where the owner
departs Rochester for the winter months, provided that:
(a)
The property is secured in a manner that does not indicate from
the exterior that the property is vacant;
(b)
The property does not have outstanding code violations;
(c)
The owner will return to Rochester no later than 180 days after
departing;
(d)
The owner has arranged for property maintenance, including snow
removal, grass-cutting, and other landscaping obligations.
(2)
Any property owned by the Rochester Land Bank Corporation.
