Village of Island Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Island Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 197.
Foreclosed properties — See Ch. 269.
Nonconforming structures and uses — See Ch. 356.
Nuisances — See Ch. 367.
Property maintenance — See Ch. 431.
Solid waste — See Ch. 489.
Trees — See Ch. 560.
Zoning — See Ch. 625.
[Adopted 11-16-2017 by L.L. No. 27-2017]
This article establishes a Vacant Building Registry in the Incorporated Village of Island Park that will identify vacant buildings, determine the responsibilities of owners of vacant buildings and structures, and speed up the rehabilitation process of vacant properties. Buildings which remain vacant, with access points boarded over, are unsightly, unsafe and have a negative effect on their surroundings. This is particularly troublesome in residential and commercial neighborhoods. Buildings which become vacant due to foreclosure or that are vacant when foreclosed upon present additional problems. As the number of vacant properties increases due to foreclosure, the maintenance of vacant buildings becomes even more critical.
In addition to the definitions of the Village Code, the following special definitions are applicable to this article. In the event of conflict, the following definitions shall be controlling:
ENFORCEMENT OFFICER
A duly authorized representative of the Village of Island Park empowered with enforcement authority.
OWNER
Those shown to be the owner or owners on the records of the Nassau County Clerk's office, 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, a duly authorized agent(s), or a mortgagee that has filed an action in foreclosure on the particular premises at issue, until title to the premises is transferred to a third party. Any such person shall have a joint and several obligation for compliance with the provisions of this article.
SECURED BY OTHER THAN NORMAL MEANS
A building secured by means other than those used in the design of the building.
UNOCCUPIED
A building which is not being used for an occupancy authorized by the owner.
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 portion of a building which is:
A. 
Unoccupied and unsecured;
B. 
Unoccupied and secured by other than normal means;
C. 
Unoccupied and an unsafe building as determined by the Department of Buildings;
D. 
Unoccupied and has multiple housing or building code violations;
E. 
Illegally occupied;
F. 
Unoccupied for a period of time over 365 days, and during which time the enforcement officer has issued an order to correct code violations.
A. 
The owner shall register with the Department of Buildings not later than 30 days after any building in the Village of Island Park becomes a vacant building or not later than 30 days after being notified by the Department of Buildings of the requirement to register. The Building Department may identify vacant buildings through its routine inspection process as well as through notification by residents, neighborhood associations and other community groups that a building may be eligible for inclusion on the registry.
B. 
The registration shall be submitted on forms provided by the Department of Buildings and shall include the following information supplied by the owner:
(1) 
A description of the premises.
(2) 
The names, addresses, copies of driver's licenses, and telephone numbers of the owner or owners.
(3) 
If the owner does not reside in Nassau County or any adjoining county, the name, address, copy of driver's license, and telephone number of any third party with whom the owner has entered into a contract or agreement for property management.
(4) 
The names and addresses of all known lienholders and all other parties with an ownership interest in the building.
(5) 
A telephone number where a responsible party can be reached at all times during business and nonbusiness hours.
(6) 
A vacant building plan as described in Subsection C.
(7) 
An undertaking to the Village of Island Park in the form of cash or certified funds acceptable to the Village Attorney, in the sum of $25,000 for residential property or $35,000 for commercial property, in order to secure the continued maintenance of the property throughout its vacancy and reimburse the Village for any expenses incurred in inspecting, remediating, or securing such property when such property is not in compliance with this article.
(8) 
Incomplete registration forms will not be accepted, and, if the lack of compliance results in nonregistration of the building, the owner can be prosecuted under §§ 580-7 and 580-8.
C. 
The owner shall submit a vacant building plan which must meet the approval of the Building Department. The plan, at a minimum, must contain information from one of the following three choices for the property:
(1) 
If the building is to be demolished, a demolition plan indicating the proposed time frame for demolition and the proposed time frame for any necessary permitting through the Village.
(2) 
The owner and subsequent owners shall keep the building secured and safe and the building and grounds properly maintained and monitored as provided in the Village Code.
(3) 
If the building is to be returned to appropriate occupancy or use, a rehabilitation plan for the property. The rehabilitation plan shall not exceed 365 days, unless the Chief of the Building Department grants an extension upon receipt of a written statement from the owner detailing the reasons for the extension. If no building permit has been applied for within the 365 days, the enforcement officer will send written notification to the owner of the lack of compliance with § 580-3 of this article. The owner will be required to file an extension with a revised rehabilitation plan and reasons for noncompliance. Failure to respond may result in prosecution as prescribed in §§ 580-7 and 580-8. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation or building codes and the structure must remain secured, if applicable, during the rehabilitation.
D. 
All applicable laws and codes shall be complied with by the owner. The owner shall notify the enforcement officer of any changes in information supplied as part of the vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revisions must be in writing and must meet the approval of the enforcement officer.
E. 
The owner and subsequent owners shall keep the building secured and safe and the building and grounds properly maintained and monitored at all times.
F. 
Failure of the owner or any subsequent owners to maintain the building and premises that results in remedial action taken by the Village shall be grounds for revocation of the approved plan and shall be subject to any applicable penalties provided by the law.
G. 
The new owners shall register or reregister the vacant building with the Department of Buildings within 30 days of any transfer of an ownership interest in a vacant building. The new owners shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the Chief of the Building Department.
H. 
Vacant building fees.
(1) 
The owner of a vacant building shall pay an annual fee as set forth in Subsection H(2) for the period the building remains a vacant building. The fee shall be reasonably related to the administrative costs for registering and processing the vacant building owner registration form and for the costs of the Village in monitoring and inspecting the vacant building site. Vacant building registration fees will not be accepted until an application is complete.
(2) 
The first-year annual fee shall be set from time to time by the Board of Trustees and shall be paid no later than 30 days after the building becomes vacant. If the fee is not paid within 30 days of being due, the owner shall be subject to prosecution as prescribed in §§ 580-7 and 580-8. If a plan is extended beyond 365 days, subsequent annual fees shall be paid as set from time to time by the Board of Trustees.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
The fee shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit.
(4) 
All delinquent fees shall be paid by the owner prior to any transfer of an ownership interest in any vacant building. If the fees are not paid prior to any transfer, the new owner shall pay the annual fee no later than 30 days after the transfer of ownership, and subsequent annual fees shall be due on the new anniversary date.
I. 
The Building Department shall include in the file any property-specific engineering reports, written statements from community organizations, other interested parties or citizens regarding the condition, history, problems, status or blighting influence of a vacant building.
J. 
The purchaser/buyer of any vacant building within the Village shall, at the time of closing, file a new and complete vacant building registration form. The purchaser shall also pay to the Village, at the time of closing, the fees associated with registering such vacant building.
K. 
The seller of any vacant building within the Village shall, at the time of closing, pay any and all past-due vacant building registration fees associated with said building that is being sold.
L. 
In the event that any such funds are utilized as set forth above, such person, business, organization, bank or lender shall restore it to the full amount referenced in Subsection B(7) above, within 15 calendar days after written demand by the Village, sent by regular mail and certified mail, return receipt requested, to such person, business, organization, bank or lender at an address designated by them for service of notices, or else to their last known address. It shall be unlawful for such person, business, organization, bank or lender to fail to timely restore funds as required herein.
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 Department of Buildings. Upon evaluation of the circumstances and at the discretion of the Chief of the Building Department, additional time beyond the ninety-day period may be granted. This request shall include the following information supplied by the owner:
A. 
A description of the premises.
B. 
The names, addresses, copies of driver's licenses, and telephone numbers of the owner or owners.
C. 
If the owner does not reside in Nassau County or any adjoining county, the name, address, copy of driver's license, and telephone number of any third party with whom the owner has entered into a contract or agreement for property management.
D. 
A statement of intent to repair and reoccupy the building in an expedient manner or the intent to demolish the building.
The Department of Buildings shall inspect any premises in the Village of Island Park for the purpose of enforcing and assuring compliance with the provisions of this article. Upon the request of the enforcement officer, an owner shall provide access to all interior portions of an unoccupied building in order to permit a complete inspection.
Where it reasonably appears that there is failure to maintain a vacant property in accordance with the applicable Village of Island Park Village Code, as evidenced by the issuance of a notice of a violation or an appearance ticket, that persists for more than 10 days after such notice or appearance has been served, the Village may take remedial action to bring the property into compliance with the Village Code, utilizing the deposited funds established in § 580-3 in order to pay the full and actual cost of the work that was completed. An administrative fee as set from time to time by the Board of Trustees shall be assessed against the undertaking for each instance that a corrective measure is taken.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Where it reasonably appears that there is imminent danger to the life or safety of any person unless a vacant building, as defined herein, is immediately repaired, secured, or demolished, the Department of Buildings shall cause the immediate repair, fencing, boarding-up or demolition of such dangerous property, building, or structure. In the event that an emergency measure must be taken, in addition to or in lieu of any other enforcement remedy at his disposal, the Chief of the Building Department may utilize the deposited funds established in § 580-3 to pay the full and actual cost of actions necessary to eliminate the imminent danger, life safety, or hazard.
For any and every violation of the provisions of this article, the owner, general agent or contractor of a building or premises where such violations have been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, or the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part in or assists in any such violation or who maintains a building or premises in which any violation shall exist, shall be guilty of an offense punishable by a fine of not less than $1,000 and not exceeding $2,500 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $2,500 nor more than $5,000 or by imprisonment for a period not to exceed 15 days, or both; and upon conviction of a third or subsequent offense, all of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.
[Adopted 12-14-2017 by L.L. No. 31-2017]
This article shall be known as "Maintenance of Vacant Buildings" and is supplementary to applicable provisions of the New York State Uniform Fire Prevention and Building Code.
This article provides standards governing the facilities and the condition and maintenance of vacant premises to safeguard the safety, health and welfare of the community.
In addition to the definitions of this Village Code, the following special definitions are applicable to this article. In the event of conflict, the following definitions shall be controlling:
ENFORCEMENT OFFICER
The Chief Building Inspector of the Village of Island Park empowered with enforcement authority under local law or a Building Inspector authorized by the Chief Building Inspector.
OWNER
Those shown to be the owner or owners on the records of the Nassau County Clerk's office, 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, a duly authorized agent(s), or a mortgagee that has filed an action in foreclosure on the particular premises at issue, until title to the premises is transferred to a third party. Any such person shall have a joint and several obligation 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 which is not being used for an occupancy authorized by the owner.
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 portion of a building which is:
A. 
Unoccupied and unsecured;
B. 
Unoccupied and secured by other than normal means;
C. 
Unoccupied and an unsafe building as determined by the Department of Buildings;
D. 
Unoccupied and has multiple housing or building code violations;
E. 
Illegally occupied;
F. 
Unoccupied for a period of time over 365 days, and during which time the enforcement officer has issued an order to correct code violations.
This article shall be applicable to the following:
A. 
Lots, plots or parcels of land on which buildings designed for or developed for residential use or occupancy, mixed-occupancy buildings, nonresidential occupancy or accessory structures are located; and
B. 
Buildings designed for or developed for residential use or occupancy, including one- and two-family dwellings and multiple dwellings, mixed-occupancy buildings, nonresidential occupancy and accessory structures.
Provision for safe and continuous entry shall be provided to the interior of a building or structure from the exterior at a street or to a yard, court or passageway leading to a public open area at any time entry is necessary for purposes of required maintenance or inspection.
A. 
Exterior walls, including foundations, shall be maintained so that ground- and surface water do not penetrate into basements, cellars or other interior wall areas.
B. 
Exterior doors, windows, skylights and similar openings shall be maintained weathertight.
C. 
Exterior stairs, porches, entrance platforms, fire escapes and the railings thereon shall be maintained in a safe and sound condition.
D. 
Roofs shall be maintained in a watertight condition.
E. 
Exterior surfaces shall be maintained in good condition. Surfaces not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative.
F. 
The covering for doors and windows may not consist of any substance sprayed onto the windows. All enclosures shall be properly fitted and be of such material and surface that they are neither unsightly nor will materially detract from the general appearance of the building or the neighborhood and, when possible, shall be secured by normal means.
G. 
The covering for doors and windows may consist of:
(1) 
Venetian or similar blinds.
(2) 
Drapes, curtains or shades.
(3) 
Decorative patterned paper, neatly installed with all seams straight and uniformly taped.
(4) 
Boards or similar materials finished and maintained in a manner specified by the Department of Buildings so as to blend in with the finish of the building.
(5) 
Coverings approved by the enforcement officer.
H. 
Cracked or broken glass windows and doors shall be replaced with glass or similar materials specified by the Department of Buildings.
I. 
In addition to the standards prescribed above, vacant commercial and retail buildings shall comply with the following standards:
(1) 
Any and all window display areas shall be kept clean, free of hazard and free of debris.
(2) 
All exterior signs, awnings and lighting systems, if not removed, shall be maintained in a completely operable, clean, sightly, nondeteriorated and safe condition.
(3) 
Any window covering shall have a clear opening of two square feet to allow a view of the interior of the store for security purposes. Such opening shall be installed no lower than three feet above grade and no more than six feet above grade and may be in either the show window or the door.
J. 
If the owner shall fail to comply with the provisions of this section regarding exterior protection, the Department of Buildings may, after notice of noncompliance and intent to remedy is mailed to the owner, perform or cause such work to be performed and may recover the expense either by action or by local assessment on the premises, or both. This action shall be in addition to any other available remedy under this article.
Railings or parapet walls shall be maintained at open sides of balconies, mezzanines, porches, accessible roofs, exit passageways, areaways, motor vehicle parking decks and ramps and around floor openings.
A. 
Structural members shall be maintained to resist and prevent deterioration.
B. 
Unheated attics, spaces below flat roofs and crawl spaces shall be ventilated to minimize deterioration.
C. 
Ceilings, walls, floors and stairways shall be maintained intact and in a safe and sound condition.
D. 
All accumulations of combustible materials, flammable or combustible waste, hazardous materials or rubbish shall be removed from the interior of the premises.
A. 
The accumulation or storage of garbage or refuse in buildings or on lots is prohibited.
B. 
Buildings and structures shall be maintained free of insects, vermin and rodent harborage and infestation.
C. 
Refrigerators and similar equipment with locking mechanisms shall not be discarded, abandoned or stored without first removing the locking devices or the hinges of the doors.
D. 
Junked or unregistered vehicles, watercraft, equipment and materials shall not be stored in open areas of premises.
E. 
All garbage and refuse shall be maintained in accordance with Chapter 489, Solid Waste, of the Village Code.
Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors shall be maintained structurally safe and smoketight.
Fuel gas pipe systems shall be maintained gastight, safe and operative under conditions of use or shall be disconnected at the main.
Fuel oil tanks shall be maintained so as not to be a hazard or shall be discontinued in a manner consistent with the New York State Uniform Fire Prevention and Building Code.
A. 
The domestic water supply system of the building shall be connected to an approved source, shall not be subject to contamination and shall not be connected to unsafe water supplies or shall be disconnected at the main and the system completely drained.
B. 
Stormwater drainage systems shall be maintained so as to function properly and be kept free from obstructions, leaks and defects. Sewage systems shall be similarly maintained or shall be sealed so as to prevent accumulation of sewage gases in buildings.
Electrical fixtures, devices, wiring and systems shall be maintained in safe working condition in a manner which will avoid a potential source of ignition or shock or service shall be discontinued at the supply.
Elevators, dumbwaiters and escalators shall be maintained or taken out of service, in accordance with the New York State Uniform Fire Prevention and Building Code.
A. 
Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent ponding.
B. 
Fences, walls, other minor construction and accessory structures shall be maintained in safe, good and substantial condition.
C. 
Steps, walks, driveways, parking spaces and similar paved areas shall be maintained to afford safe and convenient passage.
D. 
Yards, courts and vacant lots shall be kept clean and free of hazards and debris.
E. 
Ground cover shall be properly established to prevent undue soil erosion due to the elements.
F. 
Heavy undergrowth and accumulations of plant growth which are noxious or detrimental to health or safety shall be eliminated.
G. 
The exterior property area shall be maintained clear of waste and hazardous materials.
H. 
Trees shall be maintained in a manner so as not to create a potential hazard to adjoining properties or the general public.
I. 
During the winter months, the driveways, sidewalks, and walks shall be maintained clear of ice and snow.
For any and every violation of the provisions of this article, the owner, general agent or contractor of a building or premises where such violations have been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, or the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part in or assists in any such violation or who maintains a building or premises in which any violation shall exist, shall be guilty of an offense punishable by a fine of not less than $1,000 and not exceeding $2,500 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $2,500 nor more than $5,000 or by imprisonment for a period not to exceed 15 days, or both; and upon conviction of a third or subsequent offense, all of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.