[Amended 7-21-2020 by L.L. No. 1-2020]
This article shall be known as the "Community Preservation and Anti-Blight Enforcement Local Law."
It is hereby found and declared that there may exist within the Town of Islip a number of real properties which are vacant and/or in a blighted condition that are subject to a mortgage-in-default, and that the continued existence of such properties negatively affects the economic well-being of the Town of Islip; adds to the decline of neighborhoods; and affects the overall health, safety and welfare of its residents. It is the Town Board's intent to establish a defaulted mortgage registration program as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of vacant properties subject to a mortgage or properties subject to mortgages which are in default.
A. 
Scope. The provisions of this article shall apply to all properties in the Town of Islip, residential and otherwise, and constitute the requirements and standards for the maintenance of such premises.
B. 
Applicability. The provisions of this article shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations. Nothing in this article shall be deemed to abolish, impair, supersede or replace existing remedies of the Town, county or state or existing requirements of any other provision of local laws or ordinances of the Town or county or state laws and regulations. In case of conflict between any provisions of this article and any applicable state or local law, ordinance, code or regulation, the more-restrictive or more-stringent provision or requirement shall prevail.
A. 
Word usage. Whenever used in this article, words in the singular include the plural and vice versa.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ENFORCEMENT OFFICER
Any full-time law enforcement officer, building inspector, fire marshal, zoning inspector, Town investigator and/or code enforcement officer employed within the Town.
EVIDENCE OF VACANCY
Any condition that, on its own or combined with other conditions, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but not be limited to, overgrown and/or dead vegetation: electricity, water or other utilities turned off; stagnant swimming pool: and/or statements by neighbors, passers-by, delivery agents or government agents, among other evidence that the property is vacant.
FORECLOSURE
The process by which a property, placed as security for a mortgage loan, after a judicial process, is to be sold at an auction to satisfy a debt upon which the borrower has defaulted.
MORTGAGEE
The creditor, including, but not limited to, trustees; mortgage servicing companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement; or any other person or entity with the legal right to foreclose on the real property, excluding governmental entities.
NOTICE OF PENDENCY
A filing that indicates that a piece of property has a lien against it.
[Added 2-7-2023]
REAL PROPERTY IN DEFAULT
Any real property that is under a current notice of default and/or notice of mortgagee's sale or pending tax lien sale and/or properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale.
VACANT
Any building or structure shall be deemed to be vacant if no person or persons actually currently conduct a lawfully licensed business or lawfully reside or live 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.
A. 
Any mortgagee who holds a mortgage on real property located within the Town shall perform an inspection of the property upon default by the mortgagor as evidenced by the filing of a foreclosure action and the subsequent notice of pendency.
[Amended 2-7-2023]
B. 
Within 10 days of the date any mortgagee files a notice of pendency, the mortgagee shall register the real property with the Town Registry and, at the time of registration, shall indicate whether the property is vacant, and if so shall designate in writing a property manager to inspect, maintain and secure the real property subject to the mortgage in foreclosure. A separate registration is required for each registrable property.
[Amended 2-7-2023]
C. 
If the property is occupied but remains in default it shall be inspected by the mortgagee, or said mortgagee's designee, monthly until the mortgagor or other party remedies the default.
D. 
Mortgage-in-default registration. Registration pursuant to this section shall contain the name of the mortgagee and mortgage servicer; the direct mailing address of the mortgagee and servicer; email address and telephone number; and the name and address, email, and telephone number of a local property manager who shall be responsible for the inspection, security and maintenance of the property. The local property manager named in the registration shall be located and available within Suffolk and Nassau Counties Monday through Friday between 9:00 a.m. and 5:00 p.m., holidays and lunch hours excepted, to be contacted by the Town.
E. 
An annual nonrefundable registration fee in the amount of $75 per property shall accompany the mortgage-in-default registration form(s). Subsequent annual registrations of defaulted properties and fees in the amount of $75 are due within 10 days of the expiration of the previous registration.
[Amended 2-7-2023]
F. 
[1]If the mortgage and/or servicing on a property is sold or transferred, the new mortgagee is subject to all the terms of this chapter. Within 10 days of the transfer, the new mortgagee shall register the property or update the existing registration. The previous mortgagee(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that mortgagee's involvement with the registrable property.
[1]
Editor's Note: Former Subsection F, regarding late fees, was repealed 2-7-2023. This ordinance also renumbered former Subsections G through K as Subsections F through J, respectively.
G. 
This section shall also apply to properties that have been the subject of foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.
H. 
Properties subject to this section shall remain under the annual mortgage-in-default registration requirement, inspection, security, and maintenance standards of this section as long as they remain in default.
[Amended 2-7-2023]
I. 
Any person or other legal entity that has registered a property under this section must report any change of information contained in the registration within 10 days of the change.
J. 
Failure of the mortgagee and/or property owner of record to properly register and/or update the information of the registered property in accordance with Subsection I of this section is a violation of the Town Code.
[Amended 2-7-2023]
A. 
Properties subject to this article shall maintain the minimum maintenance standards as set forth in Article IV of this chapter.
B. 
The property shall also be maintained free of graffiti or similar markings by removal or painting over with an exterior-grade paint that matches the color of the exterior structure.
C. 
Pools and spas shall be kept in working order so that pool and spa water remains free and clear of pollutants and debris. Pools and spas shall comply with the enclosure requirements and any other requirements of this Code found in Chapter 68, Article XXVIII, and the New York State Building Code and New York State Property Maintenance Code, as amended from time to time.
D. 
Failure of the mortgagee and/or property owner of record to properly maintain the property is a violation of the Town Code.
A. 
Properties subject to this article shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
B. 
A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child to access the interior of the property and/or structure. In the event the property is vacant, windows and doors should be boarded to HUD standards, to wit: 5/8-inch plywood, painted gray and bolted from the interior.
C. 
If a mortgage on property is in default and has become vacant, the local property manager or mortgagee must perform weekly inspections to verify compliance with the requirements of this section, and the property shall be posted with the name and twenty-four-hour contact telephone number of the property manager. The sign shall be placed in a window facing the street and shall be visible from the street. The posting shall contain the following language with supporting information:
THIS PROPERTY IS MANAGED BY:
TELEPHONE NUMBER:
EMAIL:
D. 
Failure of the mortgagee and/or property owner of record to properly inspect and secure the property, and post and maintain the signage noted in this section, is a violation of this Code.
It shall be a violation of this chapter to fail to register any property as defined by this article.
[1]
Editor's Note: Former § 6A-17, Violations and penalties, was repealed 2-7-2023.
In the event that a violation is identified, such violation shall be reported to the owner of record or his designee, as identified within the property registration application. If the violation is not corrected within 10 days, the Town of Islip shall take the necessary action to abate the violation.
A. 
Failure to comply with this article. Whenever the owners of a property shall fail to comply with the minimum standards of property maintenance, the Town Board may authorize the work to be done and shall provide for the cost thereof to be paid from general Town funds as directed by resolution of the Town Board, pursuant to the authority provided under§§ 64 and 130 of the Town Law.
B. 
Assessment of costs and expenses, liens. All costs and expenses incurred by the Town in connection with the abatement of a violation of this article shall be assessed against the subject premises or lot. An itemization of such costs shall be provided to the Town Board by the Law Enforcement Department. The total costs and expenses shall then be determined by the Town Board and shall be reported to the Assessor of the Town as the amount to be assessed against the premises, and the expense so assessed shall constitute a lien and charge on the premises 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 charges.
Under New York State Public Officers Law § 87, the vacant property registry and all vacant property registration forms shall be exempt from disclosure under the Freedom of Information Law on the grounds that such disclosure would constitute an unwarranted invasion of personal privacy. The Commissioner of Public Safety Enforcement shall institute strict policies to ensure that such information is available only to Town personnel engaged in the enforcement of the provisions of this article and, in emergency situations, to members of law enforcement, the fire service, emergency medical services, and public utility companies. The information contained in the property registry and all property registration forms shall not be disclosed to any party for sale.