[HISTORY: Adopted by the Board of Trustees of the Village
of Suffern 6-3-2014 by L.L. No. 6-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush and weeds — See Ch. 93.
Dangerous buildings — See Ch. 100.
Property maintenance — See Ch. 205.
[1]
Editor's Note: This local law was originally adopted as Ch.
252 but was renumbered for organizational purposes.
It is the finding of the Board of Trustees that buildings which
remain vacant are unsightly and unsafe and have a negative effect
on their surroundings. The purpose of this chapter is to establish
a program for identifying and registering vacant buildings; to determine
the responsibilities of owners of vacant buildings and structures;
and to speed the rehabilitation of the vacant properties.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have the meanings indicated in this
section:
Where the condition of a building, structure, or any part
thereof is an imminent, immediate, and substantial danger to the health
or safety of occupants, emergency responders, and/or the general public.
Such conditions include, but are not limited to, fire hazards, falling
or dilapidated buildings, structures, or any part thereof, loss of
significant water, heat, ventilation, or a lack of sanitary conditions.
A duly authorized representative of the Building Department,
including the Building Inspector, Code Enforcement Officer and their
assistants or designees.
Those shown to be the owner or owners on the records of the
Assessor's Office, those identified as the owner or owners on
a vacant building registration form, a mortgagee in possession, a
mortgagor in possession, assignee of rents, receiver, executor, trustee,
lessee, other person, firm or corporation in control of the premises.
Any such person shall have a joint and several obligation for compliance
with the provisions of this article.
A building secured by means other than those used in the
design of the building.
A building or portion thereof which lacks the habitual presence
of human beings who have a legal right to be on the premises, including
buildings ordered vacated by an Enforcement Officer. In determining
whether a building is unoccupied, the Enforcement Officer may consider
these factors, among other:
Whether lawful residential or business activity has ceased;
The percentage of the overall square footage of the occupied
to unoccupied space or the overall number of occupied and unoccupied
units;
The building is substantially devoid of contents or the minimal
value of fixtures or personal property in the building;
The building lacks utility services;
The building is subject to a foreclosure action;
Duration of vacancy; and/or
The presence or reoccurrence of code violations.
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
A building or portion of a building which is:
A.
The owner shall register with the Building Department no later than 30 days after any building that becomes a vacant building, as defined in § 101-2, or not later than 30 days after being notified by the Building Department of the requirement to register. The Department may identify vacant buildings through its routine inspection process as well as through notification by residents, neighborhood associations and other community groups that a building may be eligible for inclusion on the registry.
B.
The registration shall be submitted on forms provided by the Building
Department and shall include the following information supplied by
the owner:
(1)
A description of the premises, including but not limited to square
footage, number of stories, age of the building, and most recent use
of the building.
(2)
The names and addresses of the owner or owners. If the owner is a
corporation, limited liability company or partnership, the address
for each director, manager, or partner, as the case may be. The address
must include a street address; a post office box is not acceptable.
(3)
If the owner does not reside in Rockland County, the name and address
of any third party with whom the owner has entered into a contract
or agreement for property management. The address must include a street
address; a post office box is not acceptable.
(4)
The names and addresses of all known lienholders and all other parties
with an ownership interest in the building. Each address must include
a street address; a post office box is not acceptable.
(5)
A name, address and telephone number where a responsible natural
person (not a corporation, partnership, or limited liability company)
can be reached at all times during business and nonbusiness hours.
The address must include a street address; a post office box is not
acceptable.
C.
The owner shall submit a vacant building plan which must meet the
approval of the Enforcement Officer. The plan, at a minimum, must
contain information from one of the following three choices for the
property:
(1)
If the building is to be demolished, a demolition plan indicating
the proposed time frame for demolition.
(2)
If the building is to remain vacant, a plan for the securing of the building in accordance with standards provided in § 101-12, if applicable, along with the procedure that will be used to maintain the property in accordance with Article II, and a statement of the reasons why the building will be left vacant.
(3)
If the building is to be returned to permissible occupancy or use, a rehabilitation plan for the property. The rehabilitation plan shall not exceed 365 days from the date of submission and will include progress benchmarks at least every 90 days, unless the Board of Trustees grants an extension for good cause shown, upon receipt of a written statement from the owner detailing the reasons for the extension. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, or building codes and must be secured in accordance with § 101-12, if applicable, during the rehabilitation.
D.
The owner will comply with all applicable laws and codes. The owner
shall notify the Enforcement Officer of any changes in information
supplied as part of the vacant building registration within 30 days
of the change. If the plan or timetable for the vacant building is
revised in any way, the revisions must be in writing and must meet
the approval of the Enforcement Officer.
E.
The owner and subsequent owners shall keep the building secured and safe and the building and ground properly maintained as provided in Article II of this chapter.
F.
Failure of the owner or any subsequent owners to maintain the building
and premises as required herein will be grounds for the Village:
G.
The owner will notify the Code Enforcement Office of any transfer
of ownership within 15 days of transfer. The new owners shall comply
with the approved plan and timetable submitted by the previous owner
until any proposed changes are submitted and meet the approval of
the Enforcement Officer.
H.
Vacant building fees.
(1)
The owner of a vacant building shall pay a registration fee of $200.
The registration fee is due and payable upon registration; that is,
no later than 30 days after any building becomes a "vacant building,"
as defined above, or no later than 30 days after being notified by
an Enforcement Officer of the requirement to register.
(2)
If the building is to remain vacant pursuant to § 101-3C(2), the owner will also pay an annual vacant building fee of $500 for the first year. This fee is due and payable together with the registration fee of $200. Subsequent annual fees shall be paid as follows:
(3)
If the building is to be returned to a permitted use pursuant to § 101-3C(3), the rehabilitation plan will not exceed 365 days and will include progress benchmarks at least every 90 days, unless the Board of Trustees grants an extension for good cause shown upon receipt of a written statement from the owner detailing the reasons for the extension. If the rehabilitation has not been completed or extended by the Board of Trustees, then the owner will pay an annual vacant building fee in accordance with the rates established above until the building is properly demolished or rehabilitated. The annual vacant building fee is payable either on each anniversary of the payment of the initial registration fee and on each anniversary thereafter until the building is demolished or rehabilitated.
(4)
All delinquent fees shall be paid by the owner prior to any transfer
of an ownership interest in any vacant building. The owner will give
the purchaser written notice that the building in question is a vacant
building under this section.
(5)
If the owner of a vacant building fails to register and pay the fees in a timely manner, then the owner will be subject to the penalty set forth in § 101-7.
(6)
The vacant building registration fee and annual vacant building fee as set forth in § 101-3H are to be delivered, by mail or in person, to the Village Clerk's Office. A late charge of 1 1/2% per month, or any part thereof, will be assessed on any invoice which is unpaid after 30 days from the date of the demand for payment or an invoice.
A building which has suffered fire damage or damage caused by
extreme weather conditions shall be exempt from the registration requirement
for a period of 90 days after the date of the fire or extreme weather
event if the property owner submits a request for exemption in writing
to the Building Department of Building. This request shall include
the following information supplied by the owner:
The Building Department shall inspect any premises in the Village
for the purpose of enforcing and assuring compliance with the provisions
of this article. Upon the request of the Building Department, an owner
may provide access to all interior portions of an unoccupied building
in order to permit a complete inspection. Nothing contained herein,
however, shall diminish the owner's right to insist upon the
procurement of a search warrant from a court of competent jurisdiction
by the Building Department in order to enable such inspection, and
the Enforcement Officer shall be required to obtain a search warrant
whenever an owner refuses to permit a warrantless inspection of the
premises after having been advised of his or her constitutional right
to refuse entry without same. In the case of an emergency, this section
will not apply.
The Building Department annually shall submit to the Board of
Trustees a list of all buildings in the Village declared vacant under
the provisions of this chapter, as well as a list of all previously
declared vacant buildings which are no longer subject to the provisions
of this article. Such report shall also provide the fees collected,
penalties assessed and an enumeration of buildings/properties known
not to be in current compliance.
Any person violating any provision of this chapter, including
but not limited to failure to register or providing false information
to the Enforcement Officer, shall be subject to the following fines:
A.
Such person will be subject to a fine of $1,000 or imprisonment not
exceeding 15 days, or both.
B.
The term "person," as used in this section, will include the owner,
occupant, mortgagee or vendee in possession, assignee of rents, receiver,
executor, administrator, trustee, lessee, agent or any other person,
firm or corporation directly in control of the building or part thereof.
C.
Each week of violation will be deemed to constitute a separate offense.
This article shall be known as "Maintenance of Vacant Buildings"
and is supplementary to applicable provisions of the New York State
Uniform Fire Prevention and Building Code.
This article provides standards governing the facilities and
the condition and maintenance of vacant premises to safeguard the
safety, health and welfare of the community.
This article shall be applicable to the following:
A.
Lots, plots or parcels of land on which buildings designed for or
developed for residential use or occupancy, mixed-occupancy buildings,
nonresidential occupancy or accessory structures are located; and
B.
Buildings designed for or developed for residential use or occupancy,
including one- and two-family dwellings and multiple dwellings, mixed-occupancy
buildings, nonresidential occupancy and accessory structures.
Provision for safe and continuous entry shall be provided to
the interior of a building or structure from the exterior at a street
or to a yard, court or passageway leading to a public open area at
any time entry is necessary for purposes of required maintenance or
inspection.
A.
The covering for doors and windows may not consist of any substance
sprayed onto the window panes. All enclosures shall be properly fitted
and be of such material and surface that they are neither unsightly
nor will materially detract from the general appearance of the building
or the neighborhood.
B.
The covering for doors and windows may consist of replacement glass,
plexiglass, or similar materials finished and maintained in a weather
tight manner. The materials will be designed to blend in with the
finish of the building and will, to the extent possible, provide an
appearance that the building or store is not vacant. When the Enforcement
Officer, in his judgment, deems it appropriate, the visual/aesthetic
suitability and sufficiency of such coverings may be referred to the
Planning Board for its review and approval.
C.
In addition to the standards prescribed above, vacant commercial
and retail buildings shall comply with the following standards:
(1)
Any and all first-floor windows will be replaced by glass, plexiglass,
an approved mural or announcement sign. Such covering must be maintained.
(2)
Any and all window display areas shall be kept clean, free of hazard
and free of debris.
(3)
Any window covering shall have a clear opening equal to the existing
window area.
D.
If the owner shall fail to comply with the provisions of this section
regarding exterior protection, the Building Department may, after
notice of noncompliance and intent to remedy is mailed to the owner,
perform or cause such work to be performed and may recover the expense
either by action or by including the same on the tax bill of the owner,
or both. This action shall be in addition to any other available remedy
under this article.
Fuel gas pipe systems shall be maintained gastight, safe and
operative under conditions of use or shall be disconnected at the
main.
A.
The water supply system of the building shall be connected to an
approved source, shall not be subject to contamination and shall not
be connected to unsafe water supplies or shall be disconnected at
the main and the system completely drained.
B.
Stormwater drainage systems shall be maintained so as to function
properly and be kept free from obstructions, leaks and defects. Sewage
systems shall be similarly maintained or shall be sealed so as to
prevent accumulation of sewage gases in buildings.
Electrical fixtures, devices, wiring and systems shall be maintained
in safe working condition in a manner which will avoid a potential
source of ignition or shock, or service shall be discontinued at the
supply.
Any excavations or other attractive nuisance shall be filled
in or secured to prevent access.
Notwithstanding the provisions of this chapter, all other applicable
laws and local laws shall apply to any vacant building regulated by
this chapter and, in the case of conflicting requirements, the most
restrictive and protective provision shall apply.
This chapter shall apply to any vacant building or covered property
that becomes vacant after the effective date of this chapter.
