[HISTORY: Adopted by the Board of Trustees
of the Village of Croton-on-Hudson 2-7-2024 by L.L. No. 2-2024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 179,
Property Maintenance, adopted 8-13-1935, as amended 5-7-1990 as L.L. No. 2-1990.
A.
It shall be the duty of any owner, tenant, occupant or person legally
in possession of real property within the limits of the Village of
Croton-on-Hudson to:
(1)
Remove all rubbish or other materials from such land or part thereof;
(2)
Cut and remove all weeds or brush growing upon such developed areas
of the premises that are intended to be used by the building occupants
or the public, when such weeds or brush exceed an average height in
excess of 10 inches; and
(3)
Cut and remove all weeds or bush growing upon such land located between
the property line and the curb or edge of the street or sidewalk,
when such weeds or brush exceed an average height in excess of 10
inches.
Upon the neglect or refusal of the owner or occupant of any real property to perform the duties set forth in § 179-2 herein, the Village Manager or Village Engineer of the Village of Croton-on-Hudson, or their designees, shall, by written notice, served either personally or by mail to the last-known address of such owner or occupant, order the owner or occupant to cut and remove all weeds or brush upon such premises and to remove all rubbish therefrom within 10 days of the date of the notice.
If any such person upon whom notice is served pursuant to § 179-3 fails or neglects to cut and remove such weeds or brush and/or remove all rubbish within the time specified in said notice, the Village Board of Trustees may cause the rubbish to be removed and the weeds and brush to be cut and removed. The costs thereof shall be assessed against the real property from which the same was removed as provided in the Village Law.
A.
Findings and purposes. The purposes of this section are to protect
the welfare and economic vitality of the residents of the Village
of Croton-on-Hudson by protecting property values, maintaining neighborhood
integrity and accessibility, safeguarding against economic property
blight, protecting Village resources, and ensuring the safe and sanitary
maintenance of commercial vacant properties. Among other things, vacant
street-level commercial space can degrade the vitality of the Village's
business districts, frustrate local planning efforts, create increased
specific risks of fire damage, vandalism, and unlawful entry or uses,
and give rise to other public health and safety hazards. This section
is intended to promote and protect the Village's public welfare
and economic health by requiring property owners to register and properly
maintain vacant street level commercial properties.
B.
COMMERCIAL BUILDING
ENGINEERING DEPARTMENT
OCCUPANT
OWNER
(1)
(2)
(3)
VACANT SPACE
VILLAGE ENGINEER
Definitions. As used in this article, the following terms shall have
the meanings indicated:
All buildings within the Village, except for one- and two-family
residences.
The Village of Croton-on-Hudson Engineering Department.
A person or entity who, alone or severally with others, is:
A person or entity who, alone or severally with others:
Has legal or equitable title to any building or has care, charge,
or control of any building in any capacity including but not limited
to agent, executor, executrix, administrator, adminstratrix, trustee,
or guardian of the estate of the holder of legal title;
Is a mortgagee in possession of any building; or
Is an agent, trustee, receiver or other person appointed by
the courts and vested with possession or control of a building.
Any unoccupied street level building space in the Village
of Croton-on-Hudson which is not legally occupied, is abandoned, or
is not open for business with an ongoing business concern operating
in the space during customary business hours for a period of at least
180 consecutive days or longer by occupants having legal custody or
legal right of entry to such property.
The Village Official designated to head the Engineering Department
for the Village of Croton-on-Hudson. The term "Village Engineer" shall
include their designee authorized to administer the provisions of
this section.
C.
Registration.
(1)
Prior to or not more than seven days after a unit or any portion
of a property becomes vacant space, as defined herein, the owner(s)
must register the vacancy with the Engineering Department on forms
provided by such Department. All vacancy registrations must state
the owner's name, phone number, and mailing address as well as
such information for an emergency contact, if not the same. None of
the required addresses shall be a post office box. The registration
shall also state the owner's efforts to reactivate the use of
the space. Once the space is no longer vacant or is sold, the owner
must provide proof of sale or written notice and proof of lawful occupancy
to the Engineering Department pursuant to the process outlined by
such Department. The Village Engineer will notify the Public Works,
Police and Fire Departments of the submitted registration of the vacant
space.
(2)
The Village Manager, with the input of the Village Engineer, may
exempt a property owner from the provisions of this section upon the
presentation of evidence, in such form as may be convincing to him,
that the failure to use or occupy a commercial space for a period
in excess of 180 days does not violate the purpose or intent of this
section.
D.
Annual registration fee; failure to pay.
(1)
There shall be an annual registration fee for vacant space to offset
the Village's costs of monitoring such space. The first annual
registration fee is due at the time the vacant space is initially
registered with the Village. Thereafter, the owner of the vacant space
shall receive a billing statement on an annual basis until the Village
is informed of a change of status. The amount of the annual registration
fee shall be specified in the fee schedule set by the Board of Trustees
from time to time.
(2)
After the first registration fee, the Village shall send the owner of any vacant space an annual billing statement, and the owner shall pay to the Village the fee which has been billed. Failure to pay the first or any subsequent registration fee within 30 days of receipt of the billing statement shall be a violation of this section, and the full fee shall be deemed an assessment resulting from a violation of this section. Such fee, and any fines issued for violations of this section, shall constitute a lien on the property, to be collected in accordance with the process described in § 204-11.
E.
Inspections. The Village Manager, Village Engineer, Police Chief, and Fire Chief, or their designees, shall have the authority to periodically inspect the exterior and interior of vacant space subject to this section for compliance with applicable laws, rules, and regulations. The Village Engineer shall have the discretionary authority, but not the obligation, to cause utilities to be disconnected immediately if a potential hazard that may be dangerous to life and limb is present. If the Village Engineer causes utilities to be disconnected, the owner shall reimburse the Village for its costs in having the utilities disconnected. Failure to pay these costs within 30 days of being notified that they are due shall be a violation of this section, and the full amount of the costs shall be deemed an assessment resulting from a violation of this section. Such costs, and any fines issued for violations of this section, shall constitute a lien on the property, to be collected in accordance with the process described in § 204-11.
F.
Nothing in this section shall abrogate an owner's duty to maintain the vacant space as required by § 179-2.
G.
Violations and penalties; enforcement.
(1)
In addition to any of the remedies provided herein, violations of
any portions of this section shall be punishable by a fine of up to
$100 per day that the owner is not in compliance with this section.
Violations of this law shall not be deemed a misdemeanor nor a felony.
(2)
The Village Engineer shall have the authority to enforce all provisions
of this section. The Village of Croton-on-Hudson may also bring a
civil action in a court of competent jurisdiction seeking equitable
relief to enforce this section.
H.
Unsafe buildings. Nothing in this section shall abrogate the powers
and/or duties of municipal officials to act to remedy unsafe conditions
pursuant to any general statutory authority including, without limitation,
the New York State Uniform Fire Prevention and Building Code and the
New York State Village Law and General Municipal Law.
A.
Removal of signage; covering required. When a commercial building,
or portion thereof, in the Village of Croton-on-Hudson has become
vacant and has remained vacant for a period in excess of 30 days,
the owner, lessee or other responsible individual or entity shall
remove all signage from the building and windows, including windows
in doors, and place a covering in the storefront to block the view
of the interior of the vacant premises to public view. The covering
shall be of such material as provided below.
B.
Covering specifications. The covering may consist of frosted translucent
window film adhered to the interior of window, covering the entire
window, including windows in doors, with the exception of a "For Lease"
sign in compliance with the appropriate code.
C.
Maintenance of window display areas. Any and all window display areas
shall be kept clean, free of hazard and free of debris. Further, cracked
or broken glass display windows shall be replaced with glass.
