[HISTORY: Adopted by the Town Board of the Town of East Fishkill
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-27-2012 by L.L. No. 7-2012]
A.
The New York State Property Maintenance Code provides minimum standards
for the maintenance of property so as to ensure the public well-being,
health and safety and welfare. The property maintenance code provides
for the issuance of orders to remedy and, upon noncompliance, appearance
tickets requiring the property owner to appear in Town Court and to
be punished for their continuing failure to comply with a lawfully
issued notice order to remedy.
B.
The Real Property Law has been amended by the State Legislature to
mandate that vacant houses that are in the foreclosure process be
maintained by the banks that are foreclosing on the mortgage, and
upon notification to the banks and failure of the bank to comply with
the lawful order under Property Maintenance Law, the Town may step
in, do the work and tax the cost against the property.
C.
The Town Board desires to authorize the Code Enforcement Officials
of the Town to be able to mandate that when a property owner refuses
to comply with a lawful mandate, the Town may have an independent
contractor perform the maintenance work, pay the cost of same and
relevy it against the property at the same time that the Town collects
its taxes against said property.
D.
It is with this intent in mind that this article is established.
Following the issue of an order to remedy and noncompliance
therewith, the Town Engineer or his designee may send a notice to
the noncompliant property owner providing that if the order is not
complied with within 10 days following a receipt of the notice, that
the Town will engage contractors to perform the work and that the
cost of said work shall become a lien against the property in the
same manner as the Town taxes are on an annual basis. The cost taxed
to the property shall be the cost of the cleanup plus an administrative
fee of 20%.
Following the expiration date of the order to remedy as required
under the New York State Property Maintenance Law, the Town Engineer
shall then serve by regular and certified mail, return receipt requested,
a notice giving the property owner 10 days within which to cure the
violation. Receipt of either the regular mailing or certified mail
by the property owner shall be deemed good and sufficient service.
Upon passage of the 10 days, the Town Engineer is authorized in compliance
with other rules and regulations of the Town to engage the services
of a contractor to clean the exterior of the premises and to bring
it into compliance with the New York State Property Maintenance Law.
Nothing herein shall be construed so as to enable any work to be performed
on the interior of a structure of any property within the Town. The
maintenance of buildings shall be in compliance with the Unsafe Building
Code of the Town of East Fishkill.[1]
Upon receipt of an order advising the property owner that the
Town will hire a contractor to clean or maintain the property and
bring it into compliance with the New York State Property Maintenance
Code, the property owner may either arrange to perform the work or
may file a letter with the Zoning Board of Appeals with the Town appealing
the decision of the Town Engineer determining that the property is
in violation of the New York State Property Maintenance Code. The
Zoning Board shall process said appeal by giving notice to the Town
and to the property owner and causing a sign to be posted on said
property indicating that it is the subject of a hearing with respect
to a violation of the New York State Property Maintenance Code. Following
the notice to all parties, the Zoning Board of Appeal shall then make
a determination to either uphold the decision of the Town Engineer
or to vacate or modify the Town Engineer's decision with respect
to a violation of the Property Maintenance Code.
On an annual basis, the Town Board shall receive from the Town
Comptroller a list of all funds expended by the Town to remedy properties
that have been in violation of the New York State Property Maintenance
Code. Upon receipt of said list, the Town Board shall adopt a resolution
no later than October 1 in each calendar year directing that the Receiver
of Taxes add to the Town tax bills of the respective parcels the total
cost of cleanup plus the appropriate administrative fee, as set forth
herein. Once received by the Tax Receiver, the said amount shall be
collected by her in the same manner by which Town taxes are collected.
If unpaid they shall become liens in the same manner as the Town tax
bill. The cost of the cleanup incurred shall be deemed to be an additional
Town tax levied upon said property.
This article shall take effect on January 1, 2013.
