[HISTORY: Adopted by the Board of Trustees of the Village
of Island Park as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-16-2017 by L.L. No. 27-2017; amended in its entirety 8-27-2020 by L.L. No. 7-2020]
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 speeds 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 this Village Code, the following
special definitions are applicable to this article. In the event of
conflict, the following definitions shall be controlling:
A duly authorized representative of the Village of Island
Park empowered with enforcement authority.
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.
A building secured by means other than those used in the
design of the building.
A building which is not being used for an occupancy authorized
by the owner.
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
A building or portion 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 Department
of Buildings;
Unoccupied and has multiple housing or building code violations;
Illegally occupied;
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.
Registration forms.
(1)
The registration shall be submitted on forms provided by the Department
of Buildings and 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)
The names and addresses of all known lienholders and all other
parties with an ownership interest in the building.
(e)
A telephone number where a responsible party can be reached
at all times during business and nonbusiness hours.
(g)
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.
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 chapter. 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 annual fee and monthly 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 $500 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 follows:
(3)
All fees 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.
(5)
The monthly fee of $250 shall be paid by the property owner each
and every month the property remains on the Vacant Building Registry.
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 fees associated
with said building that is being sold, including any and all outstanding
annual fees and monthly fees.
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(1)(g) 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 of $100 shall be assessed against the undertaking for each instance that a corrective measure is taken.
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, board-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.
If a court determines that any clause, sentence, paragraph,
subdivision, or part of this article or the application thereof to
any person, firm or corporation, or circumstance is invalid or unconstitutional,
the court's order or judgement shall not effect, impair, or invalidate
the remainder of this article, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, or part of this article
or in its application to the person, individual, firm or corporation
or circumstance directly involved in the controversy in which such
judgement or order shall be rendered.
This article shall take effect immediately upon filing with
the Secretary of State.
[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:
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.
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.
A building secured by means other than those used in the
design of the building.
A building which is not being used for an occupancy authorized
by the owner.
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
A building or portion 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 Department
of Buildings;
Unoccupied and has multiple housing or building code violations;
Illegally occupied;
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.
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.
