[Adopted 7-12-2011 by L.L. No. 21-2011]
It is the intention of the Huntington Town Board to protect
the public health, safety and welfare by authorizing the establishment
of procedures to identify, abate and eliminate the presence of blight
upon properties throughout the Town.
A.
Scope. The provisions of this chapter shall apply to all properties
in the unincorporated portions of the Town of Huntington, residential,
commercial and otherwise, and constitute the requirements and standards
for such property.
B.
Applicability. The provisions of this chapter shall be deemed to
supplement applicable state and local laws, ordinances, codes and
regulations. Nothing in this chapter 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 chapter and any applicable state or
local law, ordinance, code or regulation, the more restrictive or
stringent provision or requirement shall prevail.
Blighted Property - The following conditions shall be factors
in evaluating whether or not a property is designated as a Blighted
Property:
(A)
A determination by a code officer that the property is in a condition
which poses a serious threat to the safety, health, or general welfare
of the community. (50 points)
[Amended 9-27-2016 by L.L. No. 39-2016]
(B)
The owner of the property has been issued Summonses and/or has been
prosecuted for violation(s) of the Code of the Town of Huntington
and/or the New York State Uniform Fire Prevention and Building Code
for commercial and residential structures, and such violations have
not been corrected. (50 points)
[Amended 9-27-2016 by L.L. No. 39-2016]
(C)
The property has attracted or been an instrument of illegal, noxious or deleterious activity as defined in Chapter 50 Public Nuisances and/or in common law. (50 points)
(D)
A determination has been made by the Fire Marshall that the conditions
upon the property constitute a fire hazard. (50 points)
(E)
The property is creating a substantial interference with the lawful
use and/or enjoyment of other space within a structure/building or
within the surrounding neighborhood. (50 points)
(F)
The property is found to be unmaintained by the code officer based
upon evidence of the persistent and continued existence of the following
deleterious conditions:
[Amended 6-17-2014 by L.L. No. 23-2014; 9-27-2016 by L.L. No. 39-2016]
1.
Boarded windows, doors, entryways or exits. (5 points)
2.
Broken or unsecured windows. (10 points)
3.
Broken or unsecured doors, entryways or exits. (10 points)
4.
Excessive litter or debris. (10 points)
5.
Overgrown grass at least ten (10) inches or higher or other overgrown
vegetation or shrubbery. (10 points)
6.
More than one (1) unregistered motor vehicle. (10 points) (see § 156-39
(b))
7.
Broken, unsecured or in disrepair:
(a)
Roof (10 points)
(b)
Gutters (5 points)
(c)
Siding/shingles (10 points)
(d)
Chimney (10 points)
(e)
Shutters (5 points)
(f)
Accessory structures including but not limited to: decks, sheds,
porches, pools, pool houses or cabanas, garages, carports, storage
units, front and rear porches, outside statuary, fish ponds. (15 points)
8.
Storage of junk vehicles. (15 points)
9.
Damaged, unsightly, unsecured or unpermitted signage or awnings.
(15 points)
10.
Presence of graffiti. (10 points)
11.
Broken, unsecured or in disrepair fencing. (10 points)
12.
Broken, unsecured or in disrepair outdoor lighting fixtures
(5 points)
13.
Broken, exposed or hazardously utilized electrical wires, electrical
equipment or extension cords. (15 points)
14.
Unfinished construction. (20 points)
15.
Damaged, dead or fallen trees or limbs. (10 points)
16.
Evidence of fire damage to the property which has not been repaired
or restored. (10 points)
17.
Peeling or deteriorated paint. (5 points)
18.
Presence of stagnant water. (10 points)
19.
Open or unsecured wells, cesspools or cisterns. (10 points)
20.
Presence of vermin, rodent harborage and infestation. (30 points)
21.
Presence of any violation identified within this Chapter. (20
points)
22.
Presence within/upon an outdoor area of the improper storage
of:
(a)
Refrigerator, washing machine, sink, stove, heater, boiler,
tank, other household appliances, boxes or indoor furniture for a
period in excess of seventy-two (72) consecutive hours. (10 points)
(b)
Lumber, construction materials, dirt, debris, trash, garbage
or uncovered refuse cans, accumulated refuse or garbage in covered
refuse cans which is not timely or properly disposed of. (10 points)
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Outdoor Storage Exemptions.
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|
(1)
|
Machinery installed within the rear setback areas for household
or recreational use.
| |
|
(2)
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The presence of refuse or trash cans, recycling bins or other
debris which has been secured, placed or stored in compliance with
this code.
| |
23.
Hazardous or dilapidated vacant building or structure. (30 Poins)
For purposes of this article the following words shall have
the following meanings:
Shall mean improved or unimproved property in any zoning
district which meets or exceeds a point value of one hundred (100)
points as set forth within this article.
[Amended 9-27-2016 by L.L. No. 39-2016]
A list containing properties within the Town which possess
an accumulation of blight conditions equaling or exceeding a point
value of one hundred (100) points.
Shall mean the Director of Engineering Services, the Director
of Public Safety, and/or their designees.
[Amended 9-27-2016 by L.L. No. 39-2016]
shall mean any mark on the face or surface of, disfigurement,
injury, damage or alteration to the appearance of the property without
the express permission of the owner or person or entity in control
thereof.
shall mean extreme disrepair such that a structure or dwelling
unit or commercial space is unfit or unsafe for habitation or occupancy.
shall mean any inscription, mark or design which has been
written, etched, scratched, painted or drawn or otherwise visible
upon a premises.
shall mean an unregistered motor vehicle not suitable for
operation.
shall mean occupancy that exists by virtue of fee ownership,
a bona fide lease agreement, a rent receipt or, if necessary, a utility
statement, and which occupancy is in compliance with federal, state
local laws, local zoning, local housing, and all other pertinent rules,
regulations and codes.
shall mean an area of the Town of Huntington defined by its
residents and its distinctive characteristics.
An annual fee imposed upon properties which are listed on
the Blighted Property Inventory List.
Shall mean a legal and binding agreement between the Town and a given property owner, wherein said property owner proposes to complete specific repairs and/or improvements in order to resolve conditions existing on his or her property as identified by a code officer in accordance with the definition of "Blighted Property." Such repairs and/or improvements shall be outlined on an explicitly fixed timeline and as such will be offered a full exemption from the annual registration fee outlined in § 156-64(D). The Town Attorney shall have the authority, on behalf of the Town, to execute such Restoration Agreement.
[Amended 9-27-2016 by L.L. No. 39-2016]
shall mean a building or structure 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.[1]
[Amended 6-17-2014 by L.L. No. 23-2014]
shall mean any space within a building that is or can be
rented by or to a single person or entity for his/her/its sole use
and is intended to be a single and distinct space.
[1]
Editor’s Note: The former definition of "vacant parcel,"
which immediately followed, was repealed 9-27-2016 by L.L. No. 39-2016.
No owner, agent, tenant, business entity, voluntary association,
nonprofit organization, or person in control of real property located
within the Town of Huntington shall allow, create, maintain or cause
to be created or maintained, any blighted property.
(A)
The Code Officer shall be charged with reviewing complaints and conducting
investigations in order to determine if blight exists at the subject
property.
[Amended 9-27-2016 by L.L. No. 39-2016]
(B)
Once a property has been determined to be blighted, the Department
of Public Safety shall prepare and send out notification letters to
each property owner. Such notice shall be served by personal service
upon the owner or person in charge of the affected building or structure;
or if no such person can be reasonably found, by mailing said owner
such notice by means of certified mail, return receipt requested,
and by regular mail, to the last known address as shown by the records
of the Town Assessor; and by securely affixing a copy of such notice
upon the door of the affected building or structure.
[Amended 9-27-2016 by L.L. No. 39-2016]
(C)
Notice Contents.
(1)
The notice must contain a statement of the date(s) upon which
an inspection was conducted on the property to determine blight, the
address of the blighted property, the specific nature of the blight,
a copy of this local law, the "point rating" review of the premises,
the required annual registration fees and the property's placement
on the Blighted Property Inventory List. Said notice shall further
notify the owner that if no reasonable proof is offered establishing
the property does not constitute a Blighted Property, said annual
registration fee shall be added to the property tax bill for the premises
after thirty (30) days of receipt of said notice.
(2)
Any notice to qualifying property owners must also contain an
offer of the opportunity to enter into a Restoration Agreement with
the Town.
(D)
Registration Fees. After thirty (30) days from the date of notice
absent proof to the contrary the following registration fees shall
be imposed:
(E)
One Thousand Five Hundred ($1,500.00) Dollars of the registration costs per property registered on the blighted property list pursuant to § 156-64, shall be set aside from the general fund and used to create a beautification fund, with the intent of financing the Town's revitalization and anti-blight efforts pursuant to Chapter 158, entitled "Public Benefit Funds", Article II, "Beautification Fund".
[Amended 2-10-2015 by L.L. No. 13-2015]
(A)
Property Owner Qualifications. In order to qualify to enter into
a Restoration Agreement, the property owner must:
(B)
Restoration Agreement Contents. All Restoration Agreements shall
include a definite plan for the resolution of any condition(s) identified
by the code officer pursuant to this article.
[Amended 9-27-2016 by L.L. No. 39-2016]
(C)
Such
repairs and/or improvements shall be outlined on an explicitly fixed
timeline.
(D)
Registration
Fee Exemption. In consideration for entering into a Restoration Agreement
with the Town, the property owner will be offered a full exemption
from the annual registration fee(s).
(E)
Penalties for Non Compliance with Restoration Agreement Terms. Any property owner who does not complete the repairs and/or improvements outlined in a Restoration Agreement within the established timeline, or any period of extension granted by the Town Attorney, will be subject to the actions described in § 156-67.
[Amended 9-27-2016 by L.L. No. 39-2016]
[Amended 9-27-2016 by L.L. No. 39-2016]
Any entity and/or individual that purchases a property registered
on the Town's Blighted Property Inventory List may be offered certain
incentives from the Town.
(A)
All incentives are at the discretion of the code officer charged
with the duty of processing the particular application filed by the
purchaser. Said code officer may evaluate any factors, including but
not limited to the applicant's liability and other insurance coverage.
(B)
Incentives may include, but are not limited to, up to a twenty-five
(25%) percent reduction of building permit and/or land use application
fees to be collected by the applicable town department and may include
the fast-tracking of applications as may be reasonable under the circumstances.
(C)
Applicants must demonstrate the ability to pay for their proposed
projects either through commitment letters for loans obtained from
a commercial lender of their selection or by other means.
(A)
Failure to comply with a Restoration Agreement. Whenever the owners
of a property shall fail to comply with an executed Restoration Agreement,
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. Additionally,
failure to comply with an executed Restoration Agreement shall result
in the placement, or retention of the property on the Blighted Property
Inventory List and the imposition of the corresponding annual registration
fees applicable for each year that the offending conditions exist
or remain.
[Amended 9-27-2016 by L.L. No. 39-2016]
(B)
Authority to abate in the absence of a Restoration Agreement. In
the event that an owner and/or occupant of such land or premises shall
fail to abate any violation as described in the definition of "Blighted
Property" contained herein, the Town Board, after consideration at
a public hearing, may declare said premises to be a nuisance and thereafter,
the Town shall have the authority to enter onto such premises where
such violation exists, to remedy such violation and to charge the
cost or expense of such remediation against the owner and establish
a lien in the manner provided herein.
[Amended 6-17-2014 by L.L. No. 23-2014]
(C)
Assessment of costs and expenses, liens. All costs and expenses incurred
by the Town in connection with the abatement of a violation of this
chapter shall be provided to the Town Board by the Code Officer. The
total costs and expenses shall then be determined by the Town Attorney,
in consultation with the Departments involved, and shall be reported
to the Receiver of Taxes as the amount to be assessed against the
property, 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.
[Amended 4-17-2012 by L.L. No. 9-2012; 9-27-2016 by L.L. No. 39-2016]
(D)
Persistent or ongoing blighted properties. Any property previously
designated by the Town Board as a "blighted property" and placed upon
the blighted property inventory list wherein blighted conditions continue
to persist, following a public hearing and upon a determination by
the Town Board, will thereafter be deemed as a persistent blighted
property. Said persistent blighted property shall be assessed the
annual blighted property assessment fee, and the Town will take any
and all necessary actions to abate the blighted conditions, upon notice
to the property owner by the Office of the Town Attorney by registered
or certified mail return receipt requested, and by regular mail, to
the last known address as shown by the records of the Town Assessor.
[Added 9-17-2013 by L.L. No. 25-2013; amended 9-27-2016 by L.L. No. 39-2016]
