City of Hornell, NY Property Maintenance

Owners of premises shall be responsible for compliance with the provisions of this chapter and shall remain responsible therefor regardless of the fact that this chapter may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility.

Owners and operators of building shall be responsible for the 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.

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 persons shall be deemed and taken to be the owner or owners of said property within the intent and meaning of this chapter and shall comply with the provisions of this chapter to the same extent as the record owner; and notice to any such person of any order or decision of the Code/Health Enforcement Officer 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. In instances where an occupant is responsible or shares responsibility with the owner for the existence of one or more violations of this chapter, said occupant shall be deemed and taken to be an owner within the intent and meaning of this chapter.

§ 168-12 Inspection and enforcement.

The Code/Health Enforcement Officer and or his designee is hereby authorized and directed to make inspections to determine compliance with this chapter. Inspections shall be made between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, and every operator or owner shall cooperate with the Code/Health Enforcement Officer in providing access to the premises. Whenever the Code/Health Enforcement Officer determines that there is a violation of the provisions of this chapter, he shall cause a written notice to be served upon the owner or operator, which shall include:

An enumeration of conditions which violate the provisions of this chapter.

An enumeration of the remedial action required to meet the standards of this chapter.

A statement of a definite number of days from the date of the notice in which the owner or operator must commence and complete such remedial action.

(4)

A statement of the penalties for noncompliance, as set forth herein.

A copy of such notice shall be filed in the City Clerk's office, and such notice shall be deemed sufficient if served upon the owner or operator as follows:

In person;

By certified mail with return receipt requested; or

SECURED BY OTHER THAN NORMAL MEANS

By posting a copy of said notice on the building or by regular postal service, only if attempts to serve the owner or occupant by the first two methods set out above are unsuccessful.

Upon failure to comply with said notice, the Code/Health Enforcement Officer shall issue an appearance ticket returnable in the City Court.

§ 168-13 Property under construction.

For purpose of enforcement of this chapter, if work is being done on the property, either the prime or general contractor or the owner shall be held responsible.

Materials may be stored in any area of the property upon which construction is being carried on, provided that the method of storage and the materials stored are in compliance with the requirements of this chapter. In no event shall such storage be permitted for a period exceeding one year.

Drainage crossing the property being developed must be maintained during the period of development, and no materials may be stored, land disturbed or other work done to interfere with drainage or to divert or cause runoff of groundwater or stormwater in an unnatural fashion.

The person responsible as herein shall take all necessary and reasonable steps to ensure that there will not be an unusual or unwarranted amount of dust and debris blown onto or across neighboring or nearby properties.

Construction roads must be oiled or kept wet or properly treated to decrease the spread of dust and mud.

A temporary cover, such as rye grass or a mulch, must be applied on land that has been stripped of its protective vegetation during the course of its construction to prevent the spread of dust and mud.

All excavations in or near a public or private walkway or street must be properly guarded and protected at all times by lights, flags, barricades or other warnings sufficient in kind and amount to warn the public of the danger of falling into the excavation.

Temporary electrical service must be through electric lines that are weather and waterproof, such lines must not cross public walkways or highways on the ground, nor shall they be placed on the ground in areas subject to construction equipment traffic.

Grounds and buildings must be kept free of debris such as broken glass, boards with fastenings protruding and other articles making travel around the job site dangerous and unsafe.

§ 168-14 Vacant and at-risk property registration and remediation.

[Added 12-18-2017[1]]

Sect. 168.14

Legislative findings and purpose. It is the finding of the City Council that buildings which remain vacant, with access points boarded over, are unsightly, unsafe and have a negative effect on their surroundings. This is particularly troublesome in residential neighborhoods and commercial neighborhoods. Unfortunately, many buildings, once boarded, remain that way for many years. The purpose of this section is to establish a program for identifying and registering vacant buildings; to determine the responsibilities of owners of vacant buildings and structures; and to speed the rehabilitation of the vacant properties.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ENFORCEMENT OFFICER

A duly authorized representative of the Code Enforcement Office, or its designee.

OWNER

Those shown to be the owner or owners on the records of the City of Hornell Assessment and Taxation, those identified as the owner or owners on a vacant building registration form, a mortgagee in possession, a mortgagor in possession, assignee of rents, receiver, executor, trustee, lessee, other person, firm, organization, association, partnership, company or corporation who owns or maintains control of the premises. Any such person shall have a joint and several obligations for compliance with the provisions of this section.

A building secured by means other than those used in the design of the building.

UNOCCUPIED

A building which is not being used for an occupancy authorized by the owner.

UNSECURED

A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.

VACANT BUILDING

A building or portion of a building which is:

Unoccupied or unsecured;

Unoccupied and secured by other than normal means;

Unoccupied and an unsafe building as determined by the Codes Office;

(4)

Unoccupied and has multiple housing or building code violations;

(5)

Illegally occupied;

(6)

Unoccupied for a period of time over 365 days and during which time the enforcement officer has issued an order to correct code violations.

Vacant building registration.

The owner shall register with the Codes Department, not later than 30 days after any building located in an area zoned for, or abutting an area zoned for, residential or commercial use in the City becomes a vacant building, as defined in § 168-14B, or not later than 30 days after being notified by the City Codes Office of the requirement to register. The Codes Office may identify vacant buildings through its routine inspection process as well as through notification by residents, neighborhood associations and other community groups that a building may be eligible for inclusion on the registry.

The registration shall be submitted on forms provided by the Codes Office and shall include the following information supplied by the owner:

(a)

A description of the premises.

(b)

The names and addresses of the owner or owners.

(c)

If the owner does not reside in Steuben County or any adjoining county, the name and address of any third party with whom the owner has entered into a contract or agreement for property management.

(d)

The names and addresses of all known lienholders and all other parties with an ownership interest in the building.

(e)

A telephone number where a responsible party can be reached at all times during business and nonbusiness hours.

(f)

A vacant building plan as described in Subsection C(3).

The owner shall submit a vacant building plan which must meet the approval of the Codes Office. The plan, at a minimum, must contain information from one of the following three choices for the property:

(a)

If the building is to be demolished, a demolition plan indicating the proposed time frame for demolition;

(b)

If the building is to remain vacant, a plan for the securing of the building in accordance with safety standards, if applicable, along with the procedure that will be used to maintain the property in accordance with the City codes and ordinances, and a statement of the reasons why the building was left vacant.

(c)

If the building is to be returned to appropriate occupancy or use, a rehabilitation plan for the property must be submitted to the Codes Office. The rehabilitation plan shall not exceed 365 days, unless the Codes Office grants an extension upon receipt of a written statement from the owner detailing reasons for the extension. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation or building codes and must be secured in accordance with safety standards, if applicable, during rehabilitation.

(4)

All applicable laws and codes shall be complied with by the owner. The owner shall notify the Codes Office of any changes in information supplied as part of the vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revisions must be in writing and must meet with the approval of the Codes Office.

(5)

The owner and subsequent owners shall keep the building secured and safe and the building and grounds properly maintained as provided for in the City codes and ordinances.

(6)

Failure of the owner or any subsequent owners to maintain the building and premises that result in remedial action taken by the City shall be grounds for revocation of the approved plan and shall be subject to any applicable penalties provided by the law.

(7)

The new owners shall register or reregister the vacant building with the Codes Office within 30 days of any transfer of an ownership interest in a vacant building. The new owners shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the Codes Office.

(8)

The Codes Office shall include in the file any property-specific written statements from community organizations, other interested parties or citizens regarding the history, problems, status or blighting influence of a vacant building.

(a)

The owner of a vacant building shall pay an annual fee as set forth in Subsection H(2) for the period the building remains a vacant building. The fee shall be reasonably related to the administrative costs for registering and processing the vacant building owner registration form and for the costs of the City in monitoring and inspecting the vacant building site.

(b)

The first-year annual fee shall be $250 and shall be paid no later than 30 days after the building becomes vacant. If the fee is not paid within 30 days of being due, the owner shall be subject to prosecution as prescribed in Subsection H. If a plan is extended beyond 365 days, subsequent annual fees shall be paid as follows:

[1]

For the second year that the building remains vacant: $500;

[2]

For the third year that the building remains vacant: $1,000;

[3]

For the fourth year that the building remains vacant: $1,500; and

[4]

For the fifth, and each succeeding year, that the building remains vacant: $2,000.

(c)

The fee shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit. The fee shall be prorated, and a refund may be issued if the building is no longer deemed vacant under the provisions of this section within 180 days of its registry.

(d)

All delinquent fees shall be paid by the owner prior to any transfer of an ownership interest in any vacant building. If the fees are not paid prior to any transfer, the new owner shall pay the annual fee no later than 30 days after the transfer of ownership, and subsequent annual fees shall be due on the new anniversary date.

Exemptions. A building which has suffered fire damage or damage caused by extreme weather conditions shall be exempt from the registration requirement for a period of 90 days after the date of the fire or extreme weather event if the property owner submits a request for exemption, in writing, to the Codes Office. The decision to grant an exemption is within the sole discretion of the Codes Office. This request shall include the following information supplied by the owner:

A description of the premises;

The names and addresses of the owner or owners.