[Added 6-17-2014 by L.L. No. 19-2014]
The Town Board finds that the proliferation of vacant and abandoned buildings, structures and dwellings in the Town of Huntington is of a great safety concern as it causes a deterioration of communities and areas within the Town of Huntington and has a negative impact on the value of property in close proximity to the vacant and abandoned buildings, structures and dwellings. Furthermore, the Town Board finds that vacant and abandoned, buildings, structures and dwellings have caused a serious threat to the safety and welfare of the residents of the Town and has eroded 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 and 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.
For purposes of this article, and this article alone, the following words and phrases shall have the meanings respectively ascribed to them as follows:
[1]OCCUPIED BUILDING(S) OR STRUCTURE(S)
Any building(s) or structure(s) wherein one or more persons actually conducts a business or resides in all or any part of the building as the business occupant or as the legal or equitable owner(s)/occupant(s) or tenant(s) on a permanent non-transient basis or any combination of the same. For purposes of this article 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 , electric, gas (if applicable), heating, and water; 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.
[Amended 9-14-2021 by L.L. No. 49-2021]
OWNER(S)
Any person, partnership, limited liability company, corporation or other entity who, alone or jointly with others shall have legal title to premises, with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder, or as executor, administrator, trustee, receiver or guardian of an estate, or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession or having title or control was obtained.
VACANT BUILDING(S) OR STRUCTURE(S)
A building(s) or structure(s) where no person or persons actually currently conducts a business, or resides or lives in any part of the building or structure as the legal or equitable owner(s) or tenant-occupant(s), owner-occupant(s) or tenant(s) on a permanent, non-transient basis.
[1]
Editor's Note: The former definition of "boarded buildings and structures," which immediately preceded this definition, was repealed 9-14-2021 by L.L. No. 49-2021.
(A) 
Any owner of a building which has been vacant for more than one hundred and eighty (180) consecutive days shall register the vacant property with the Department of Public Safety. The registration shall be notarized and in a form prescribed by the Department of Public Safety which shall include the street address and parcel number of each such vacant building, the names and addresses of all owners and telephone contact number of each owner, as set forth below and any other information deemed necessary by the Department of Public Safety. In no instance shall the registration of a vacant building and the payment of registration fees be construed to exonerate the owner, agent or responsible party from responsibility for compliance with building, housing and maintenance requirements or any agency having jurisdiction. For purposes of this article, the following shall also be applicable:
[Amended 9-14-2021 by L.L. No. 49-2021]
(1) 
If the owner is a corporation, the names, business and residence addresses of all officers and directors of the corporation shall be provided and shall be accompanied by a copy of the most recent annual franchise tax report filed with the Secretary of State;
(2) 
If the owner is a limited liability company, the names, business and residence addresses of the Managing Member shall be provided;
(3) 
If the owner is an estate, the names, business and residence addresses of the executor or administrator of the estate shall be provided;
(4) 
If the owner is a trust, the names, business and residence addresses of all trustees and/or grantors shall be provided;
(5) 
If the owner is a partnership, the names, business and residence addresses of all partners with an interest of ten (10%) percent or greater shall be provided;
(6) 
If the owner is any other form of unincorporated association, the names, business and residence addresses of all principals with an interest of 10% or greater shall be provided;
(7) 
If the owner is an individual person, the names, business and residence addresses of that individual person shall be provided.
(B) 
Local agent.
(1) 
If none of the persons listed in subsections (A)(1) through (A)(7) above are within the State of New York, the registration statement shall provide the names, business and residence addresses of a person who resides within the State of New York and who is authorized to accept service of process on behalf of the owner(s).
(2) 
Registration statement shall designate a responsible local party or agent for purposes of notification in the event of an emergency involving the property which affects the public health, safety or welfare.
(A) 
The owner(s) of vacant property(ies) shall be responsible to register and pay an annual non-refundable registration fee as follows: two hundred and fifty dollars ($250.00) for residential property and five hundred dollars ($500) for commercial property for property vacant for up to one year; five hundred ($500) dollars for residential property(ies) and one thousand ($1,000.00) for commercial property vacant for more than one year and up to two years; seven hundred and fifty dollars ($750) for residential property and one thousand and five hundred ($1,500) for commercial property vacant for more than two years and up to three years; and one thousand dollars ($1,000) for residential property and two thousand dollars ($2,000) for commercial property vacant for more than three years. A religious organization owning a vacant building shall be exempt from paying the vacant building registration fee.
[Amended 2-23-2021 by L.L. No. 9-2021; 9-14-2021 by L.L. No. 49-2021]
(B) 
One Vacant Building Registration may be filed to include all vacant buildings situated upon a single property of an owner so registering. The fee shall apply to the property upon which the buildings are situated. A separate fee need not be paid for each building upon a single property.
(C) 
One-time waiver of registration fee. A one-time waiver of the yearly registration fee may be granted by the Department of Public Safety upon application of the owner and upon review and advice of the Town Attorney, if the owner demonstrates with satisfactory proof that payment of the fee would constitute a severe financial hardship to the applicant.
(D) 
Late registration fees.
After the owner is given notice of the amount of the registration fee due and the owner fails to pay the amount due within the period provided for such payment, a late registration fee in the amount of twenty five dollars ($25.00) for residential property and ($50.00) for commercial property shall apply on a monthly basis for each month late.
[Amended 9-14-2021 by L.L. No. 49-2021]
(E) 
Exceptions.
This article shall not apply to any building owned by the United States, the State of New York, the County of Suffolk, Town of Huntington nor to any of their respective agencies or political subdivisions.
(F) 
Duty to amend registration statement.
If the status of the registration information changes during the course of any calendar year, it is the responsibility of the owner, responsible party or agent thereof to contact the Department of Public Safety within thirty (30) days of the occurrence of such change(s) to amend the registration in writing at the Department of Public Safety;
[Amended 9-16-2015 by L.L. No. 37-2015; 9-14-2021 by L.L. No. 49-2021]
The Department of Public Safety shall maintain the Vacant Building Registrations in the normal course of business.
[Amended 11-6-2019 by L.L. No. 56-2019]
Any owner, or agent of an owner acting on behalf of the owner, who fails to register a vacant building shall be deemed in violation of this article, and upon conviction, shall be subject to a fine in the amount of not less than $1,000.00 nor more than $15,000.00 for each failure to register. Any owner, or agent of an owner acting on behalf of the owner, found by the Bureau of Administrative Adjudication to have failed to register a vacant building in violation of this article shall likewise be subject to a monetary penalty within the range of fines set forth herein for each failure to register.