[HISTORY: Adopted by the Board of Trustees of the Village
of Pittsford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-28-2017 by L.L. No. 1-2017]
The purpose and intent of this article is to prevent the deterioration
and decline in value of the Village of Pittsford neighborhoods; deterioration
of individual residences; and/or the deterioration or loss of significant
architectural features caused by neglected vacant properties located
within the Village. It is also the purpose of this section to identify,
regulate, limit and reduce the number of these properties located
within the Village. It is the further intent of this article to establish
a registration requirement as a mechanism to protect neighborhoods
from the negative impact and conditions that occur as a result of
vacancy, absentee ownership, lack of adequate maintenance and security,
and will provide a method to expeditiously identify multiple parties
and their contact person(s) for each property responsible for this
protection.
As used in this article, the following terms shall have the
meanings indicated:
A property that is accessible through a compromised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
Twelve months from the date of the first action that required
registration, as determined by the Village, or its designee, and every
subsequent 12 months. The date of the initial registration may be
different than the date of the first action that required registration.
Includes, but is not limited to, the Village of Pittsford
Zoning Code, the Village of Pittsford Property Maintenance Code, the
Village of Pittsford Dangerous and Unsafe Building Code, and the New
York State Fire Prevention and Building Codes, as currently in effect
and hereafter amended from time to time.
Properties that have broken or severely damaged windows,
nonfunctional stormwater disposal systems, doors, walls, roofs or
other architectural features which create hazardous conditions and
encourage trespassing; or properties whose maintenance is not in conformance
with the maintenance of other neighboring properties causing a decrease
in value of the neighboring properties; or properties cited for a
public nuisance; or properties that endanger the public's health,
safety, or welfare because the properties or improvements thereon
are dilapidated or deteriorated, or properties where neglected maintenance
and/or deterioration poses a threat to the structure or its significant
architectural features, or violate minimum health and safety standards
or lacks maintenance as required by the applicable codes.
Shall include the Building Inspector and all certified code
enforcement officials.
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but are not limited to: overgrown
and/or dead vegetation; past due utility notices and/or disconnected
utilities; accumulation of trash, junk or debris; abandoned vehicles,
auto parts or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail, or statements by neighbors, passers-by,
delivery agents or government agents; or the presence of boards over
doors, windows or other openings in violation of applicable code.
A property manager; property management company or similar
entity responsible for the maintenance and security of registrable
real property within 20 driving miles of the Village limits. Upon
review of credentials the Village, or its designee, may allow a nonlocal
property manager to be listed.
Any person, firm, corporation or other legal entity who,
individually or jointly or severally with others, holds the legal
or beneficial title to any building, facilities, equipment or premises
subject to the provisions of this article.
A local property manager, property maintenance company or
similar entity responsible for the maintenance of registrable real
property.
Any improved residential or commercial land, buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Village limits. Developed lots are considered improved land.
Any real property located in the Village that is vacant as
defined herein, and any real property located in the Village, whether
vacant or occupied, that is subject to an application for a tax deed
or pending tax assessor's lien sale.
Property that contains a single-family rental dwelling unit
or multifamily rental dwelling units for use by residential tenants
including but not limited to the following: mobile homes, mobile home
spaces, Village homes and condominium unit(s). A rental dwelling unit
includes property that is provided to an individual or entity for
residential purposes upon payment of rent or any other consideration
in lieu of rent, regardless of relationship between lessor and lessee.
Any parcel of land in the Village that contains any building
or structure that is not lawfully occupied or inhabited by human beings
as evidenced by the conditions set forth in the definition of "evidence
of vacancy" above which is without lawful tenant or lawful occupant
or without a certificate of occupancy.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Village above and beyond any other
state, county, or Village provisions for same.
Pursuant to the provisions of this article, the Village, or
its designee, shall establish a registry cataloging each registrable
property within the Village, containing the information required by
this article.
A.Â
Any owner of any vacant residential structure located within the
Village shall, within 45 days of the structure becoming vacant, register
said residential structure with the Office of the Building Inspector,
or its designee, on forms or other manner as directed. A separate
registration is required for each vacant residential structure.
B.Â
Registration pursuant to § 146-5A shall contain the name, direct mailing address, telephone number, and any e-mail address for the owner of the vacant residential structure, and the name and twenty-four-hour contact phone number of the local property management company responsible for the security and maintenance of the property who has the authority to make decisions concerning the abatement of nuisance conditions at the property, as well as any expenditure in connection therewith.
C.Â
Owners who have existing registrable property on the effective date
of this article have 30 calendar days from the effective date to register
the property with the Office of the Building Inspector, or its designee,
on forms or other manner as directed. A separate registration is required
for each registrable property.
D.Â
As long as the property is registrable it shall be inspected by the
owner or designee monthly. If an inspection shows a change in the
property's occupancy status, the owner shall, within 10 days
of that inspection, update the occupancy status of the property registration.
E.Â
A nonrefundable annual registration fee established by resolution
of the Village Board shall accompany each registration pursuant to
this section.
F.Â
All registration fees must be paid directly from the owner. Third-party
registration fees are not allowed without the consent of the Village
and/or its authorized designee.
G.Â
Properties subject to this section shall remain under the annual
registration requirement and the inspection, security and maintenance
standards of this section as long as they are registrable.
H.Â
Any person or 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.
I.Â
Failure of an owner to properly register or to modify the registration
form from time to time to reflect a change of circumstances as required
by this article is a violation of this article and shall be subject
to enforcement and any resulting monetary penalties.
J.Â
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this article, the Village may
take the necessary action to ensure compliance with and place a lien
on the property for the cost of the work performed to benefit the
property and bring it into compliance.
Properties subject to this article shall, at all times, comply
with all provisions of the Village's Property Maintenance Code
and all other applicable codes.
A.Â
This article shall be administered and enforced by the Building Inspector.
B.Â
The requirements of this article may be enforced as follows:
(3)Â
The Building Inspector or his/her designee shall have the following
alternative remedies for enforcement of this article:
(a)Â
Appearance tickets. The Building Inspector or his/her designee
shall have the authority, pursuant to New York State Criminal Procedure
Law, to issue an appearance ticket subscribed by him/her, directing
a designated person to appear in a designated local criminal court
at a designated future time in connection with the alleged commission
of a designated violation of this article or any order made thereunder.
(b)Â
Penalties for offenses. Any person who fails to comply with
any provision of this article or fails to comply with any notice,
order or directive of the Building Inspector or his/her representative
after expiration of the time for compliance established in accordance
with this article shall, upon conviction, be punished by a fine of
not more than $1,000 or by imprisonment not to exceed 15 days, or
both, for such violation. In the event of any failure to so comply,
each week that such violation continues shall constitute a separate
offense, and the penalties prescribed above shall be applicable to
each such separate offense.
Any enforcement officer or any person authorized by the Village
to enforce the sections herewithin shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this article.
If any section, sentence, clause or phrase of this article is
held to be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect the validity of the remaining
portions of this article.
