[HISTORY: Adopted by the Board of Trustees
of the Village of Babylon 9-12-2017 by L.L. No. 9-2017.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 96.
Unsafe buildings — See Ch. 113.
Housing standards — See Ch. 199.
Abatement of nuisances — See Ch. 237.
Property maintenance — See Ch. 269.
Rental property — See Ch. 281.
[1]
Editor's Note: This local law also provided that the registration
and penalty fees outlined in this chapter may be modified by resolution.
It is the purpose and intent of the Board to establish a process
to address the deterioration, crime and decline in value of Village
of Babylon neighborhoods caused by property with defaulted mortgages
located within the Village, and to identify, regulate, limit and reduce
the number of these properties located within the Village. It is the
Board's further intent 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 a contact person for each property responsible
for the protection.
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
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.
Include, but not be limited to, the Village's Zoning
Code, the Village's Property Rehabilitation and Maintenance Code,
Neighborhood Improvement Code, Solid Waste Code, Residential and Commercial
Recycling Code, and the state and county building and fire codes.
Properties that have broken or severely damaged windows, doors,
walls, or roofs 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
the value of the neighboring properties; or
Properties cited for a public nuisance pursuant to the Village
Codes; or
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lack
maintenance as required by the applicable codes.
The mortgagor has not complied with the terms of the mortgage
on the property, or the promissory note, or other evidence of the
debt referred to in the mortgage.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the Village to enforce the applicable code(s).
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, passersby,
delivery agents or government agents; or the presence of boards over
doors, windows or other openings in violation of applicable code.
The legal process by which a mortgagee, or other lien holder,
terminates a property owner's equitable right of redemption to
obtain legal and equitable title to the real property pledged as security
for a debt or the real property subject to the lien. This definition
shall include, but is not limited to, public notice of default, a
deed in lieu of foreclosure, sale to the mortgagee or lien holder,
certificate of title and all other processes, activities and actions,
by whatever name, associated with the described process. The process
is not concluded until the property obtained by the mortgagee, lien
holder, or their designee, by certificate of title, or any other means,
is sold to a nonrelated bona fide purchaser in an arm's length
transaction to satisfy the debt or lien.
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 county limits. Upon review
of credentials, the Village, or its designee, may allow a nonlocal
property manager to be listed.
The creditor, including, but not limited to, trustees; mortgage
service 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.
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 chapter.
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, whether vacant
or occupied, that is encumbered by a mortgage in default, is subject
to an ongoing foreclosure action by the mortgagee or Trustee, or has
been the subject of a 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. The
designation of a "default/foreclosure" property as "registrable" shall
remain in place until such time as the property is sold to a nonrelated
bona fide purchaser in an arm's length transaction or the foreclosure
action has been dismissed and any default on the mortgage has been
cured.
Six months from the date of the first action that required
registration, as determined by the Village, or its designee, and every
subsequent six months. The date of the initial registration may be
different than the date of the first action that required registration.
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, townhomes 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. "Vacant property" does not
mean property that is temporarily unoccupied while the residents are
away on vacation, personal matters or business, or is not intended
by the owner to left vacant, so long as the period does not exceed
30 days.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather shall
be an additional remedy available to the Village above and beyond
any other state or county provisions for same.
Pursuant to the provisions of this chapter, the Village, or
its designee, shall establish a registry cataloging each registrable
property within the Village of Babylon, containing the information
required by this chapter.
A.
Any mortgagee who holds a mortgage on real property located within
the Village shall perform an inspection of the property to determine
vacancy or occupancy, upon default by the mortgagor. The mortgagee
shall, within 10 days of the inspection, register the property with
the Village, or its designee, on forms or other manner as directed,
and indicate whether the property is vacant or occupied. A separate
registration is required for each property, whether it is found to
be vacant or occupied.
B.
Registration pursuant to this section shall contain the name, direct
mailing address, a direct contact name, telephone number, and e-mail
address for the mortgagee/Trustee, and the servicer, 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.
Mortgagees who have existing registrable property on the effective
date of this chapter have 30 calendar days from the effective date
to register the property with the Village, or its designee, on forms
or other manner as directed, and indicate whether the property is
vacant or occupied. A separate registration is required for each property,
whether it is vacant or occupied.
D.
If the defaulted 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 update
the existing registration. Any and all previous unpaid fees, regardless
of who the mortgagee was at the time registration was required, including
but not limited to unregistered periods during the foreclosure process,
shall be the responsibility of the new mortgagee and are due and payable
with the updated registration. If the mortgage on a registrable property
is sold or transferred, the new mortgagee is subject to all the terms
of this chapter, and within 10 days update the existing registration.
Any and all previous unpaid fees, regardless of who the mortgagee
was at the time registration was required, including but not limited
to unregistered periods during the foreclosure process, are the responsibility
of the new mortgagee or Trustee and are due and payable. Except if
it is determined that the transferee is exempt from paying fees then
the previous mortgagee will not be released from the responsibility
of paying all previous unpaid fees and fines, regardless of who the
mortgagee was at the time when registration was required, including
but not limited to unregistered periods during the foreclosure process.
The provisions of this section are cumulative with and in addition
to other available remedies.
E.
If the mortgagee of a foreclosed real property sells or transfers
the property in a non-arm's length transaction to a related entity
or person, the transferee is subject to all terms of this chapter,
and within 10 days of the transfer the transferee shall update the
existing registration. Any and all previous unpaid fees, regardless
of who the mortgagee was at the time registration was required, including
but not limited to unregistered periods during the foreclosure process,
are the responsibility of the new owner of the foreclosed property
and are due and payable with the updated registration. If the mortgagee
owner of a foreclosed real property sells or transfers the property
to a non-arm's length related person or entity, the transferee
is subject to all the terms of this chapter and within 10 days must
update the existing registration. Any and all previous unpaid fees,
regardless of who the mortgagee was at the time registration was required,
including but not limited to unregistered periods during the foreclosure
process, are the responsibility of the new property owner and are
due and payable. Except if it is determined that the transferee is
exempt from paying fees, then the previous mortgagee will not be released
from the responsibility of paying all previous unpaid fees and fines,
regardless of who the mortgagee was at the time when registration
was required, including but not limited to unregistered periods during
the foreclosure process. The provisions of this section are cumulative
with and in addition to other available remedies. As long as the property
is registrable it shall be inspected by the mortgagee, or designee,
monthly. If an inspection shows a change in the property's occupancy
status, the mortgagee shall, within 10 days of that inspection, update
the occupancy status of the property registration.
F.
If the servicing rights for a mortgage on a registrable property
are sold or transferred, the registration must be updated to include
all the new servicer information within 10 days of the servicing transfer.
G.
As long as the property is registrable it shall be inspected by the
mortgagee or designee monthly. If an inspection shows a change of
occupancy status, the mortgagee shall, within 10 days of the inspection,
update the occupancy status of the property registration.
H.
A nonrefundable six-month registration fee of $500 shall accompany
each registration pursuant to this section.
I.
If a lis pendens deed in lieu of foreclosure or other public notice
of foreclosure is filed on a property and the property was not registered
and the registration fee paid at least 30 days prior to the filing
date, a late fee of $50 shall be charged per property and shall be
due and payable with the registration. This section shall apply to
the initial registration and registration renewals. Registrations
delinquent greater than 30 days are subject to additional fines as
described herein.
J.
All registration fees must be paid directly from the mortgagee, Trustee,
servicer, or owner. Third-party registration fees are not allowed
without the consent of the Village and/or its authorized designee.
K.
Properties subject to this section shall remain under the semiannual
registration requirement, and the inspection, security and maintenance
standards of this section as long as they are registrable.
L.
Until the mortgage or lien on the property in question is satisfied,
or legally discharged, the desire to no longer pursue foreclosure,
the filing of a dismissal of lis pendens and/or summary of final judgment
and/or certificate of title, voluntary or otherwise, does not exempt
any mortgagee holding the defaulted mortgage from all the requirements
of the article as long as the borrower is in default.
M.
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.
N.
Failure of the mortgagee to properly register or to modify the registration
form from time to time to reflect a change of circumstances as required
by this chapter is a violation of the article and shall be subject
to enforcement and any resulting monetary penalties.
O.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this chapter, 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.
A.
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspaper circulars, flyers, notices, except those
required by federal, state or local law, discarded personal items,
including, but not limited to, furniture, clothing, large and small
appliances, printed material or any other items that give the appearance
that the property is abandoned.
B.
The property shall 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.
Front, side and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
D.
Yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscape shall
not include weeds, gravel, broken concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.
Failure of the mortgagee and/or owner to properly maintain the property
may result in a violation of the applicable code(s) and issuance of
a citation or notice of violation in accordance with the applicable
code of the Village. Pursuant to a finding and determination by the
Village's Hearing Officer/Board or court of competent jurisdiction,
the Village may take the necessary action to ensure compliance with
this section.
H.
In addition to the above, the property is required to be maintained
in accordance with the applicable code(s) of the Village.
A.
Properties subject to these sections 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 or structure.
Broken windows, doors, gates and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.
If a property is registrable, and the property has become vacant
or blighted, a local property manager shall be designated by the mortgagee
or owner to perform the work necessary to bring the property into
compliance with the applicable code(s), and the property manager must
perform regular inspections to verify compliance with the requirements
of this chapter and any other applicable laws.
All registrable property is hereby declared to be a public nuisance,
the abatement of which, pursuant to the police power, is hereby declared
to be necessary for the health, welfare and safety of the residents
of the Village.
Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s) which may apply to the property.
A.
If the enforcement officer has reason to believe that a property
subject to the provision of this chapter is posing a serious threat
to the public health, safety and welfare, the code enforcement officer
may temporarily secure the property at the expense of the mortgagee
or owner, and may bring the violations before the Magistrate/Hearing
Officer/Board as soon as possible to address the conditions of the
property.
B.
The Magistrate/Hearing Officer/Board shall have the authority to
require the mortgagee or owner affected by this section to implement
additional maintenance and/or security measures, including, but not
limited to, securing any and all doors, windows or other openings,
employment of an on-site security guard or other measures as may be
reasonably required to help prevent further decline of the property.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety and welfare, then the
Code Enforcement Board or Special Magistrate/Hearing Officer may direct
the Village to abate the violations and charge the mortgagee or owner
with the cost of the abatement.
D.
If the mortgagee or owner does not reimburse the Village for the
cost of temporarily securing the property, or of any abatement directed
by the Code Enforcement Officer or Magistrate, with 30 days of the
Village sending the mortgagee or owner the invoice, then the Village
may lien the property with such cost, along with an administrative
fee as determined in the Village's fee schedule to recover the
administrative personnel services. In addition to filing a lien, the
Village can pursue financial penalties against the mortgagee or owner.
Whoever opposes, obstructs, or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Village
to enforce the sections here within 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 chapter.
A.
Enforcement. The requirements of this code may be enforced as follows:
(1)
By citation for civil penalties pursuant or to appear in Village
Justice Court or county court pursuant to the authority granted by
appropriate statutes;
(2)
By an action for injunctive relief, civil penalties, or both, through
a court of competent jurisdiction;
(3)
By exercise of the Village's powers of eminent domain, or by condemnation and demolition pursuant to Chapter 268 of this Code, or by the nuisance abatement process;
(4)
By revocation or temporary suspension of necessary permits and/or
certificates or occupancy and/or licenses;
(5)
By any other process permitted at law or equity; and
(6)
Use of one enforcement process or theory does not preclude the Village
from seeking the same, different or additional relief through other
enforcement methods.
B.
Separate offenses. A violation of this code shall constitute a separate
offense for each day it shall continue or recur. Each condition which
exists in violation of this code is a separate violation.
C.
Each day a property remains unregistered when required to be registered
by this code is a separate offense for each day it shall continue
or recur.
D.
Each day a property is not inspected as required by this code is
a separate offense.
E.
Each day a property is not secured as required by this code is a
separate offense.
F.
Each day a condition violating the Village's minimum housing
codes or property maintenance codes exists on a property subject to
registration under this code is a separate offense.
G.
Persons responsible for violations. The owner, mortgagee, trustee
or servicer, as those terms are defined in this code, and their duly
authorized officers, employees or agents employed in connection therewith
who has assisted in the commission of the violation or failed to perform
as required by the code shall be guilty of the violation.
