[HISTORY: Adopted by the Board of Trustees of the Village
of Orchard Park as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-23-2022 by L.L. No. 5-2022[1]]
[1]
Editor's Note: This local law was adopted as Ch. 97, but was
renumbered to maintain the alphabetical organization of the Code.
The Village of Orchard Park has determined that it is in the
interest of protecting the public health, safety and welfare to maintain,
preserve and improve residential housing by requiring point-of-sale
inspection of all vacant and abandoned residential property as a condition
of the sale of housing.
As used in this article, the following terms shall have the
meanings indicated:
The holder of a mortgage and/or note secured by residential
real property, including, as applicable, the original lender under
a mortgage, its successors and assigns, and the holders of credit
instruments issued under a trust indenture, mortgage or deed of trust
pursuant to which such holders act by and through a trustee therein
named.
Real property located within the Village of Orchard Park
improved by any building or structure that is or may be used, in whole
or in part, as the home or residence of one or more persons, and shall
include any building or structure used for both residential and commercial
purposes.
Shall be defined pursuant to § 1309 of the New
York Real Property Actions and Proceedings Law or, if such property
was listed on the statewide vacant and abandoned property electronic
registry, pursuant to § 1310 of the New York Real Property
Actions and Proceedings Law one year prior to sale or transfer.
The Village Code Enforcement Officials are hereby designated
as officials to inspect any property subject to this article.
A.
No owner
or agent or mortgagee of any vacant and abandoned residential real
property shall sell, transfer or otherwise convey an interest or enter
into an agreement to sell, transfer or otherwise convey an interest
in such property, including by land installment contract or a transfer
from a mortgagor to a mortgagee in lieu of foreclosure, or similar
transaction, without first presenting the prospective purchaser or
grantee with a copy of a point-of-sale inspection certificate issued
by the Village of Orchard Park inspection officials.
B.
The owner,
agent, or mortgagee shall arrange to have all properties subject to
the requirements of this article inspected by Village of Orchard Park
inspection officials within 10 business days of publication of the
notice of judicial sale. For all other transfers, the owner, agent,
or mortgagee shall arrange to have the property inspected by Village
of Orchard Park inspection officials not more than 30 days prior to
transfer.
C.
In the
event that the vacant and abandoned residential real property is sold
or transferred or conveyed and no point-of-sale inspection certificate
has been issued within 30 days prior to such sale, the purchaser or
transferee shall have the duty to apply, in writing, to the Village
of Orchard Park Building Inspector/Code Enforcement Department within
30 days of the date of sale or transfer for an inspection of the property
and shall otherwise comply with the requirements of this article.
D.
Where the
purchaser or transferee has the duty to obtain the point-of-sale inspection
because the owner or agent or mortgagee failed to do so, any such
building code or other violations subsequently found shall be the
joint and several liability of the owner or agent or mortgagee or
purchaser or transferee.
The fee charged for the point-of-sale inspection certificate shall be as set forth in Chapter A232, Fees.
A.
Upon successful
inspection, the Village of Orchard Park inspection officials will
issue a point-of-sale inspection certificate indicating compliance
with building, fire and safety codes. Such certificate will expire
after a period of 30 days
B.
Health
code violations, housing code violations, hazards, or structural defects.
(1)
If,
as a result of the inspection, the inspection officials determine
that health code violations, housing code violations, hazards, or
structural defects exist on the property, the inspection officials
shall provide written notice, either personally or by registered mail
addressed to the address listed in the application for the inspection
of the owner or agent or mortgagee or the purchaser or transferee,
informing the parties of the following:
(a)
The need to repair and correct the violations, hazards, or structural
defects prior to sale or transfer;
(b)
If the property is not brought into compliance within 90 calendar
days of the issuance of the notice of violation, the Village of Orchard
Park may correct or repair some or all of the violations;
(c)
If the Village of Orchard Park corrects or repairs some or all of
the violations, either with Village employees or outside contractors,
the cost and expenses shall be assessed against the land on which
the building or structure is located.
(2)
In
addition to the cost or expense of such work ordered by the inspection
officials, there shall be a fee of $200 for administrative costs for
each occurrence.
C.
Waiver
of point-of-sale inspection. The Village of Orchard Park's Code Enforcement
Official may temporarily waive the requirement of a point-of-sale
inspection certificate as a prerequisite to transfer of title, provided
that, no later than 10 business days prior to the expected closing
for such transfer or judicial sale:
(1)
The
owner or agent or mortgagee makes a written request to the Village's
Code Enforcement Officer and such request includes a written itemized
quote by a licensed contractor approved by the Village of Orchard
Park which provides for correction of all violations listed;
(2)
The
purchaser or transferee file with the Village's Code Enforcement Officer
a written guaranty to correct all violations within 90 days after
the closing or a period of time specified by the Village's Code Enforcement
Officer;
(3)
The
owner or agent or mortgagee or purchaser or transferee provides a
sum equal to 150% of the estimated costs contained in the itemized
quote above. Such sum shall be payable by certified check or bank
draft to the Village of Orchard Park at closing and held in escrow
by the Village of Orchard Park; such sum will be returned to the purchaser
or transferee if the corrections are completed within the time specified
in the guaranty, but which sum will be forfeited to the Village of
Orchard Park if needed corrections are not completed within the time
frame specified in the written guaranty.
D.
Violations.
The following types of violations are of particular concern to the
Village of Orchard Park's vital interest in maintaining property values,
including, but not limited to:
(1)
Exterior.
(a)
Roof – chimney.
(b)
Paint – all related carpentry repairs (house and/or garage).
(c)
Porch and step repair.
(d)
Downspouts to storm sewers.
(e)
Replacement of deteriorated windows and/or doors.
(f)
Concrete replacement or major repair.
(g)
Garage replacement or major repair.
(h)
Dead tree removal.
(i)
Fences.
E.
An owner
or agent or mortgagee or purchaser or transferee aggrieved by a notice
of violation may appeal from the action to the Village Board, which
shall make a ruling on the appeal.
