It is the purpose and intent of the Town to establish a process
to address the amount of abandoned/vacant real property located within
the Town. It is the Town's further intent to specifically establish
an abandoned/vacant real property program as a mechanism to protect
neighborhoods from becoming blighted through the lack of adequate
maintenance and security of abandoned/vacant properties. The Town
Board finds that the proliferation of vacant and abandoned buildings,
structures and dwellings in the Town of Colonie can cause a deterioration
of communities and areas within the Town and can have a negative impact
on the value of property in close proximity to the vacant and abandoned
buildings, structures and dwellings. Furthermore, the Town finds that
vacant and abandoned buildings, structures and dwellings can cause
a serious threat to the safety and welfare of the residents of the
Town and can erode the quality of life of all who live and work in
the Town. Abandoned and vacant buildings, structures and dwellings
are places of infestation of rodents, vermin, insects, wild animals
and other health-threatening creatures and diseases, provide shelter
to criminals and vagrants who use such places to evade the police
and to conduct illicit activities, and are an attractive nuisance
to children and adults alike.
The purpose of this article requiring the registration of all
vacant and abandoned buildings, including dwellings as referenced
below, and the payment of registration fees is to assist the Town
in protecting the public health, safety and welfare, to monitor the
number of vacant and abandoned buildings in the Town, to assess the
effects of the condition of those buildings on nearby businesses and
the neighborhoods in which they are located, particularly in light
of fire safety hazards and unlawful, temporary occupancy by transients,
including illicit drug users and traffickers, and to require of the
owners and mortgagees of such vacant or abandoned buildings their
registration and the payment of related fees, and to promote substantial
efforts to rehabilitate such vacant buildings. The provisions of this
article are applicable to the owners and mortgagees of such vacant
or abandoned buildings as set forth herein and are in addition to
and not in lieu of any and all other applicable provisions of this
chapter, the health and sanitation code, and any other applicable
provisions of the Colonie Town Code.
A.
BOARDED
EXTERIOR MAINTENANCE AND MAJOR SYSTEMS
OCCUPIED
OPEN
OWNER
VACANT
Definitions. For purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to them as follows:
A building or structure subject to the provisions of this
section shall be deemed to be boarded if in place of one or more exterior
doors, other than a storm door, or of one or more windows, there is
a sheet or sheet of plywood or similar material covering the space
for such door or window.
The safe and lawful maintenance of the facade, windows, doors,
roof, and other parts of the exterior of the building and the maintenance
of its major systems consisting of the roof, the electrical and plumbing
systems, the water supply system, the sewer system, and the sidewalk,
driveway, if any, and area of the lot.
Any building or structure shall be deemed to be occupied
if one or more persons actually conducts a lawful business or resides
in all or any part of the building as the licensed business occupant,
or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent,
nontransient basis, or any combination of the same. For purposes of
this section, evidence offered to prove that a building is so occupied
may include, but shall not be limited to, the regular receipt of delivery
of regular mail through the United States Postal Service; proof of
continual telephone, electric, gas, heating, water and sewer services;
a valid town business license, or the most recent, federal, state,
or city income tax statements indicating that the subject property
is the official business or residence address of the person or business
claiming occupancy; or proof of pre-rental inspection.
A building or structure subject to the provisions of this
section shall be deemed to be "open" if any one or more exterior doors
other than a storm door is broken, open and/or closed but without
a properly functioning lock to secure it, or if one or more windows
is broken or not capable of being locked and secured from intrusion,
or any combination of the same.
An owner of the freehold of the premises of any lesser estate
therein, a mortgagee, a vendee-in possession, assignee of rents, receiver,
executor, trustee, lessee, agent or any other person, firm or corporation
that is directly or indirectly in control of a building subject to
the provisions of this article, and as set forth below.
A building or structure shall be deemed to be vacant if no
person or persons actually currently conducts a lawfully licensed
business in any part of the building, or lawfully resides or lives
in any part of the building as the legal or equitable owner(s) or
tenant-occupant(s), or owner-occupant(s), or tenant(s) on a permanent,
nontransient basis.
B.
Applicability. The requirement of this article shall be applicable
to each owner and mortgagee of any building that is not a dwelling
that shall have been vacant for more than 35 consecutive days and
to each owner and mortgagee of residential property consisting of
one or more vacant dwellings that shall have been vacant for more
than 35 consecutive days.
A.
Owner. Every owner of real property located within the Town that
is abandoned or vacant as those terms are defined herein shall register
the property with the Town Building Department Manager or his or her
designee on forms provided by the Town and shall pay the fees as required
by this article. A registration is required for each vacant property.
B.
Mortgagee. Any mortgagee who holds a mortgage on real property located
within the Town of Colonie upon default by the mortgagor and prior
to the issuance of a notice of default or the filing of a lis pendens
with the County Clerk, whichever is earlier, shall perform an inspection
of the property that is the security for the mortgage. If the property
is found to be vacant or shows evidence of vacancy it shall be deemed
abandoned/vacant real property and the mortgagee shall within 10 days
of the inspection register the property with the Town Building Department
Manager or his or her designee on forms provided by the Town and shall
pay the fees as required by this article. A registration is required
for each vacant property. If the property is occupied but the mortgage
on the property remains in default, the property shall be inspected
by the mortgagee or his or her designee monthly until:
(1)
The mortgagor or other party remedies the default; or
(2)
It is found to be vacant or shows evidence of vacancy at which time
it is deemed abandoned/vacant and the mortgagee shall within 10 days
of that inspection register the property with the Building Department
Manager or his or her designee on forms provided by the Town and shall
pay the fees as required by this article.
Each such owner and mortgagee shall cause to be filed a notarized
registration statement, which shall include the street address and
tax map parcel number of each such vacant building, the names and
addresses of all owners, and any other information deemed necessary
by the Building Department Manager or his or her designee. The registration
fee(s), as required herein, shall be paid to the Town Clerk and shall
be paid upon the initial registration of each abandoned building and
within 10 days of the yearly anniversary date of the initial registration
thereafter. For purposes of this section, the following shall also
be applicable:
A.
If the owner is a corporation, the registration statement shall provide
the name and business and residence address, together with the work,
home and cell phone telephone numbers and e-mail address of a responsible
officer of the corporation that will allow the Town to contact the
responsible officer on a twenty-four-hour basis;
B.
If an estate, the name and business and residence address of the
executor of the estate and the work, home and cell phone telephone
numbers and e-mail address of the executor;
C.
If a trust, the name and business and residence address of all trustees,
grantors, and beneficiaries and the work, home and cell phone telephone
numbers and e-mail address of all of the trustees and beneficiaries;
D.
If a partnership, the names and residence and business addresses
of all partners with an interest of 10% or greater and the work, home
and cell phone telephone numbers and e-mail address of all such business
partners;
E.
If any other form of unincorporated association, including limited
liability companies, the names and residence and business addresses
of all principals or members or managers with an interest of 10% or
greater and the work, home and cell phone telephone numbers and e-mail
address of all such all principals or members or managers;
F.
If an individual person, the name and residence address of that individual
person and the work, home and cell phone telephone numbers and e-mail
address of such person.
If none of the persons listed above is shown at an address within
the state, the registration statement also shall provide the name
and address of a person who resides within the County of Albany, State
of New York, and who is authorized to accept service of process on
behalf of the owners or mortgagees and who shall be designated as
a responsible, local party or agent, both for purposes of notification
in the event of an emergency affecting the public health, safety or
welfare and for the purposes of service of any and all notices or
registration statements as herein authorized and in connection herewith.
Registration shall be required for all vacant or abandoned buildings,
whether vacant and secure, vacant and open or vacant and boarded,
and shall be required whenever any building has remained vacant for
35 consecutive days or more. In no instance shall the registration
of a vacant or abandoned building and the payment of registration
fees be construed to exonerate the owner, agent or responsible party
from responsibility for compliance with any other building code or
housing code requirement. One registration statement must be filed
for each vacant building of the owner or mortgagee so registering
and a separate fee paid therefor. The owner or mortgagee of the vacant
or abandoned real property as of the yearly anniversary date of the
initial registration filing shall be responsible for the payment of
the nonrefundable registration fee. Said fee shall established by
separate Town Board resolution and shall be paid to the Town Clerk
and shall be based on the duration of the vacancy as determined by
said separate Town Board resolution.[1]
[1]
Editor's Note: A copy of said resolution is available in the
Town offices.
The owner or mortgagee shall have the right to appeal the imposition
of registration fees to the Commissioner of Public Works, upon filing
a written application of appeal on a form to be provided by the Town
with the applicable nonrefundable appeal filing fee of $150. The written
appeal application must be filed in the office of the Town Clerk no
later than 30 calendar days from the date of payment of the registration
fee. On appeal, the owner shall bear the burden of providing satisfactory
objective proof of occupancy, as defined herein.
A one-time waiver of the registration fee for up to 90 days
may be granted by the Commissioner of Public Works upon application
of the owner or mortgagee and upon review and advice of the Town Attorney's
Office, if the owner or mortgagee:
A.
Demonstrates with satisfactory proof that he/she is in the process
of demolition, rehabilitation, or other substantial repair of the
vacant building; and
B.
Objectively demonstrates the anticipated length of time for the demolition,
rehabilitation, or other substantial repair of the vacant building;
or
C.
Provides satisfactory proof that he/she was actively attempting to
sell or lease the property during the vacancy period;
D.
Has paid all past due vacant registration fees and all other financial
obligations and/or debts owed to the Town which are associated with
the vacant property.
Upon application by the owner and satisfaction of the conditions set forth in § 62-57 above, the Commissioner of Public Works, upon review and advice of the Town Attorney's Office, may grant a two-year waiver if the owner meets the criteria for nonprofit organizations as defined by Section 501(c)(3) of the Internal Revenue Code.
After the owner or mortgagee is given notice of the amount of
the registration fee due, except for those owners/mortgagees that
have properly perfected an appeal as provided above, and the owner
fails to pay the amount due, said amount shall constitute a debt due
and owing to the Town, and the Town may commence a civil action to
collect such unpaid debt.
After the owner or mortgagee is given notice of the amount of
the registration fee due, except for those owners/mortgagees that
have properly perfected an appeal as provided above, and the owner
fails to pay the amount due, said amount so assessed shall constitute
a lien and charge on the real property on which it is levied until
paid or otherwise satisfied or discharged and shall be collected in
the same manner and at the same time as other Town taxes and charges.
If the status of the registration information changes during
the course of any calendar year, it is the responsibility of the owner,
mortgagee, responsible party or agent for the same to contact the
Town Building Department Manager within 30 days of the occurrence
of such changes and advise the Building Department Manager in writing
of those changes;
This section shall not apply to any building owned by the United
States, the state, the county, the Town or villages located within
the Town, nor to any of their respective agencies or political subdivisions;
[Amended 3-8-2018 by L.L.
No. 4-2018]
The failure or refusal for any reason of any owner, mortgagee,
responsible person or agent of an owner acting on behalf of the owner,
to register a vacant building or to pay any fees required to be paid
pursuant to the provisions of this article, within 30 days after they
become due, shall constitute a violation punishable upon conviction
thereof by a fine in the amount of not less than $500 nor more than
$1,500 for each failure or refusal to register, or for each failure
or refusal to pay a required vacant building fee, as applicable; however,
the minimum mandatory fine for a violation of this section shall not
be less than double the amount of the registration fee due and owing,
and the maximum fine imposed shall not be greater than four times
the amount of the registration fee due and owing. There shall be no
unconditional discharges or suspended sentences upon a finding of
a violation of this article and the minimum fines are mandatory and
must be imposed.
This article is intended to be used in conjunction with existing
laws, and nothing in this article shall be construed as rendering
other applicable laws invalid. Where no law exists or where existing
laws are silent in any area where this article sets forth specific
provisions, the provisions of this article shall apply. In any situation
where a conflict exists between a provision of this article and any
existing law, the more restrictive requirement shall prevail, unless
otherwise specified.
This chapter shall become effective on January 1, 2011.
