Town of Glenville, NY Vacant Buildings

It is the finding of the Town Board that buildings that remain vacant are unsightly and unsafe and have a negative effect on their surroundings, neighborhoods and the town. Vacant buildings and structures are more likely than occupied buildings and structures to become infested with rodents, vermin, insects, wild animals and other health-threatening organisms; they are also more likely to provide shelter to criminals and vagrants who use such places to evade the police and to conduct illicit activities. Vacant buildings and structures are also prone to becoming attractive nuisances to children, young adults and others. This is troublesome for both residential and commercial districts. Unfortunately, many buildings, once vacant, remain that way for many years. 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; to speed the rehabilitation and reuse of vacant properties; to prevent and eradicate blight; to enhance the appearance of town neighborhoods and commercial districts; to minimize the potential for vandalism and criminal use of vacant buildings and structures and to preserve and build the property tax base of the town.

§ 108-2 Definitions.

Unless otherwise stated, the following terms shall, for the purposes of this chapter, have the meanings indicated in this section.

EMERGENCY SITUATION

Deemed to exist 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 or ventilation; or a lack of sanitary conditions.

ENFORCEMENT OFFICER

A duly authorized representative of the Town Building Inspector.

OWNER

That person, persons, entity or entities listed on the records of the Glenville Town Assessor as the owner(s) of record, 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 joint and several obligations for compliance with the provisions of this chapter.

SECURED BY OTHER-THAN-NORMAL MEANS

A building secured by means other than those used in the design of the building.

UNOCCUPIED

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, among other factors, the following:

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.

Whether the building is substantially devoid of contents or contains only fixtures or personal property of a minimal value.

Whether the building lacks utility services.

Whether the building is the subject of a foreclosure action.

The duration of the vacancy.

The presence or reoccurrence of code violations.

UNSECURED

A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.

VACANT BUILDING

A building or the major portion (determined by square footage) of a building which is:

Unoccupied and unsecured;

Unoccupied and secured by other-than-normal means;

Unoccupied and an unsafe building, as determined by the Building Inspector;

Unoccupied and has multiple housing or Building Code violations;

Illegally occupied; or

Unoccupied, in the case of a multifamily residential or commercial building, for a period in excess of 45 days or, in the case of a one- or two-family residential building, for a period of 180 days.

§ 108-3 Vacant building registration.

[Amended 4-15-2020 by L.L. No. 6-2020]

The owner shall register with the Building Inspector no later than 45 days after any building becomes a vacant building, as defined above, or not later than 45 days after being notified by the Building Inspector of the requirement to register. The Building Inspector may identify vacant buildings through routine inspections as well as through notification by residents, neighborhood associations and other parties that a building may be eligible for inclusion in the registry.

The registration shall be submitted on forms provided by the Building Inspector 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 the 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(es) must include a street address; a post office box is not acceptable.

(3)

If the owner does not reside in Schenectady County or any adjoining county, the name and address of a third party with whom the owner has 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 sufficient.

(5)

A name, address and telephone number where a responsible natural person (not a corporation, limited liability company or partnership) can be reached at all times during business and nonbusiness hours.

(6)

A vacant building plan, as described in Subsection C.

The owner shall submit a vacant building plan which must meet the approval of the Building Inspector. The owner must identify his ultimate objective for the building, and then the owner's plan must contain, at a minimum, the information appropriate to that objective:

(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 the provisions of the New York State Building Code and a description of the procedure that will be used to maintain the property, together with a statement of the reasons why the building will be left vacant.

(3)

If the building is to be returned to an appropriate use or occupancy, a rehabilitation plan for the building. The rehabilitation plan shall include a timetable not exceeding 365 days from the date of submission and will include progress benchmarks for periods of no more than three months each. The Building Inspector may grant an extension of the plan for good cause shown, upon a submission, in writing, by the owner detailing the reasons why same is necessary. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation or building codes and must be secured during the rehabilitation.

The Building Inspector shall provide the owner with a written referral to the Department of Development and Planning for information outlining available programs that might be useful to the owner in developing a rehabilitation plan.

All vacant real property shall at all times be properly maintained. A vacant building or structure shall be considered properly maintained if the following requirements are met:

(1)

It has all doors and windows and other openings weathertight and secured against entry by the general public as well as animals. The term "secured," for the purposes of this section, shall mean that all means of ingress and egress, including but not limited to all doorways and windows, shall be in good state of repair, without any broken glass or other damage that might allow entry or create an eyesore, and shall be securely locked. Any building that is not so secured shall be promptly boarded up, meaning that all means of ingress and egress at all floor levels shall be covered over, as specified hereinafter, so as to ensure the continued security of the building and to reduce the negative impact on the neighborhood. Boarding up shall be done by utilizing the following minimum materials and methods unless another equivalent system is proposed in writing and approved by the Building Inspector:

(a)

Exterior-grade plywood or sheathing-grade particle board, at least 1/2 inch thick, shall be used for boarding material to cover window and door frames without overlapping the adjacent wall surfaces.

(b)

The boarding material shall be secured to the building by screws, with the exception of one doorway which shall be secured in such a manner that it can provide access to the building by authorized persons.

(c)

All boarding material shall be finished on the exterior with one coat of primer and exterior grade paint to match that of the adjacent walls.

(2)

In addition to securing or boarding up the building, the following minimum requirements shall be met for all vacant buildings:

(a)

The roof shall be structurally sound and weathertight such that no rain will penetrate the structure and must allow for appropriate drainage so as to prevent deterioration of the interior walls or other interior portions of the building.

(b)

All combustible trash and debris shall be removed from the building.

(c)

The grounds surrounding the building shall be cleared and kept cleared of all litter, rubble, debris, trash and junk and of all grass or weeds in excess of 10 inches in height.

(d)

Structured members of the building shall be capable of bearing both live and dead loads, and the foundation walls likewise shall be capable of supporting an appropriate load.

(e)

The exterior of the structure shall be free of loose or rotten materials as well as holes. Any exposed metal, wood or other surface shall be protected from the elements by appropriate weather-coating materials (paint or similar treatment).

(f)

Any balconies, canopies, signs, metal awnings, stairways, fire escapes or other overhanging extensions shall be in good repair and appropriately anchored. The exposed metal and wood surface of such overhanging extensions shall also be protected from the elements and against rust or decay by appropriate application of paint or similar weather coating.

(g)

Any accessories or appurtenant structures, including but not limited to garages, sheds, and other storage facilities, shall meet the same standards.

(h)

The property shall be maintained in accordance with Chapter 3 of the Property Maintenance Code of New York State.

(i)

Smoke and carbon monoxide detectors shall be installed and maintained in operable condition at all times.

(j)

The Code Enforcement Officer of the Town of Glenville shall be provided with proof of inspection of the premises by the agent or responsible party at least every 30 days after the vacancy commences.

(3)

Enforcement. Whenever the Building Inspector shall find a building or structure or portion thereof to be in violation of this chapter or to be dangerous or unsafe, he/she shall give the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to meet all requirements of this chapter, to register as a vacant building, complete specified repairs or improvements, or to demolish and remove the building or structure or portion thereof. When the Code Enforcement Officer determines that there is need for emergency enforcement of an unsafe structure, Subsection F, below, shall be met.

(a)

Failure of the owner or any subsequent owners to maintain the building and premises as required herein will be grounds for the City:

[1]

To remediate the building and bill the cost of same to the owner as provided in § 108-3E(3)(b);

[2]

To revoke the rehabilitation plans; and

[3]

The owner will be subject to fees and penalties as provided herein.

(b)

If the owner or occupant, after such notice, shall neglect or refuse to comply with such order, the Commissioner of Public Works is hereby authorized to employ labor and furnish materials and equipment to demolish said building or to make such modification as to make it safe. The value of said work and materials shall be paid by the Town, and the cost thereof shall be a lien against the property concerned and shall be collected by the Town, like other taxes and assessments.

Emergency enforcement and costs.

(1)

If the Building Inspector finds that there is actual and immediate danger of failure or collapse so as to endanger life, as defined in Chapter 101 of the Code of the Town of Glenville, such notice, as described in Subsection E, above, shall require the building, structure or portion thereof to not be used or reoccupied until the specified repairs and improvements are completed, inspected and approved by the building official. The Building Inspector shall cause to be posted at each entrance of such building a notice which includes the statement that THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING INSPECTOR, TOWN OF GLENVILLE. Such notice shall remain posted until the required repairs or demolition are completed. It shall be unlawful for any person, firm or corporation or their agents or other servants to remove such notice without written permission of the Building Inspector, or for any person to enter the building except for the purpose of making the required repairs or of demolishing the same.

(2)

In case the owner, agent or person in control cannot be found within, or if such owner, agent or person in control shall refuse, neglect or fail to comply with emergency measures to rehabilitate or to demolish and remove such buildings or structure or portion thereof, the Enforcement Official shall undertake an appropriate action in the courts to compel compliance.

(3)

In case of emergency which, in the opinion of the Building Inspector, involves imminent danger to human life or health of any person unless the unsafe property, as defined in Chapter 101, is immediately repaired, removed or secured, the Building Inspector shall report such facts to the Commissioner of Public Works or his designee, and the Commissioner of Public Works or his designee shall cause the immediate repair, removal or securing of such unsafe property.

(a)

In such an event, the notification procedures and limitations set forth in this chapter need not be complied with. The Commissioner of Public Works or his designee shall cause said condition to be remedied, and the cost thereof, plus an administrative fee equal to the greater of 15% of the cost of such work or $200, shall be assessed against the property by the Town Board, which shall constitute a lien and charge on such land and may be assessed upon said land in the manner provided in § 64, Subdivision 5a, of the Town Law; provided, however, that the owner and all other persons having an interest in the property are provided with notice, served as provided for in § 108-3E(3), and an opportunity to be heard before the assessment of any lien against the land.

The owner shall notify the Building Inspector of any changes in the information supplied on the vacant building registration, including any changed plan for the building, within 30 days of the change. Proposed revisions to the rehabilitation plan or the timetable therefor must be submitted in writing and approved by the Building Inspector.

The owner shall keep the building secured and safe and the building's grounds properly maintained in accord with the Property Maintenance Code of New York State Uniform Fire Prevention and Building Code. Failure to secure the building or maintain the grounds could result in remedial action by the Town, revocation of the approved remedial plan and/or penalties as provided by law.

(1)

Enforcement. Whenever the Building Inspector shall find a building or structure or portion thereof to be in violation of this subsection, he/she shall give the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to meet all requirements of this chapter, to register as a vacant building, complete specified repairs or improvements, or to demolish and remove the building or structure or portion thereof. When the Code Enforcement Officer determines that there is need for emergency enforcement of an unsafe structure, Subsection F, above, shall be met.

Within 30 days of the transfer of ownership of a vacant building, the new owners shall register or reregister the vacant building with the Building Inspector. The new owners shall be bound by the approved rehabilitation plan for the building unless, or until, the new owner has revisions submitted to and approved by the Building Inspector.

§ 108-4 Vacant building fees.

The owner of a vacant building shall pay an annual fee for the period the building remains a vacant building. Such fee shall be reasonably related to the administrative costs for registering and processing the vacant building registration form, reviewing and approving rehabilitation plans, securing and providing rehabilitation assistance and the costs of monitoring and inspecting the vacant building site.

For a single-family or two-family residential building, the first-year annual fee shall be $100; for other residential or commercial buildings not exceeding 10,000 square feet, the first-year annual fee shall be $200; for multifamily residential or commercial buildings exceeding 10,000 square feet, the first-year annual fee shall be $300. For each year that a building remains a vacant building, the annual registration fee shall increase by the amount of the first-year annual fee until the fifth year when the registration fee for that year, and each successive year, for a one- or two-family residential building shall be $500, the fee for other residential and commercial vacant buildings not exceeding 10,000 square feet shall be $1000 and multifamily residential or commercial buildings exceeding 10,000 square feet shall be $1500.

Notwithstanding Subsection B above, an owner-occupant of a single-family or two-family residential building may apply to the Building Inspector for a one-year waiver of the registration fee based upon hardship by a showing that the owner-occupant is hospitalized or confined to a skilled care facility; that the owner is deceased and the title to the property has not yet been legally transferred by the Executor or Administrator; that the property has been listed and actively marketed for sale; that the property is the subject of a foreclosure action; that the property is part of an estate in bankruptcy; or that such other circumstances exist that demonstrate that the vacancy is not due to the actions or inactions of the owner. Any such application shall be granted by the Building Inspector only upon the consent of the owner to an inspection of the interior and exterior of the building to ascertain that none of the other definitions of a vacant building as set for in § 108-2 apply. At the expiration of the one-year waiver, a building owner may apply for a subsequent waiver upon the same showing and conditions.

The first-year annual fee shall be paid no later than 30 days after the building shall have become vacant. For each year after the first, the applicable fee shall be paid no later than 30 days after the anniversary date of when the building became vacant. Failure to pay the applicable vacant building registration fee in a timely manner shall result in a delinquency fee of 2% per month for each month the fee remains unpaid.

The registration fee, and any delinquency fees, shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit.

After the owner is given notice of the registration fee, including any delinquency fees, upon failure of the owner to pay the amount(s) due, said amount(s) shall constitute a debt due and owing to the Town, and the Town may commence a civil action to collect such unpaid debt.

Any registration fee, and any delinquency fees associated therewith, remaining unpaid upon transfer of title to the vacant building shall be paid by the new owner within 30 days of the transfer of title.

The Building Inspector shall maintain a complete file on each vacant building in the Town which shall include, at a minimum, the vacant building registration form, record of payment of vacant building registration fees, inspection records, records of complaints or other comments by neighbors, community organizations or others as to the status or blighting influence of the building, and any photographs or plans of the vacant building.

§ 108-5 Exemptions.

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 Inspector. This request shall include the following information:

A description of the premises;

The name(s) and address(es) of the building owner or owners;

A statement of the nature of the damage with photographs of same; and

A statement of intent to repair and reoccupy the building in and expedient manner or the intent to demolish the building.

§ 108-6 Inspections.

The Building Inspector shall inspect any premises in the Town for the purpose of enforcing and ensuring compliance with the provisions of this chapter. Upon the request of the Building Inspector, an owner may provide access to all interior portions of an unoccupied building in order to permit a complete inspection.

The Building Inspector shall submit a monthly report to the Town Council in which he lists all buildings declared vacant under the provisions of this chapter, the date upon which they were declared vacant and whether a vacant building registration form and plan have been filed for the building. The report shall also include all buildings that had been declared vacant and which are no longer subject to the provisions of this chapter.

§ 108-7 Penalties for offenses.

The failure of any owner, or agent of an owner acting on behalf of the owner, to register a vacant building or to pay any fees required to be paid pursuant to the provisions of this section, within 30 days after they become due, shall constitute a violation punishable upon conviction thereof by a fine in an amount not less than $100 nor more than $1,000 for each failure or refusal to pay a required vacant building registration fee, as applicable. However, the minimum fine for a violation of this chapter shall not be less than double the amount of the registration fee due and owing. There shall be no unconditional discharges or suspended sentences upon conviction or a plea of guilty to a violation of this chapter and the minimum fines are mandatory and must be imposed.