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:
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.
[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.