[Added 9-17-2018 by L.L.
No. 5-2018]
It is the finding of the Board of Trustees that 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 all neighborhoods. Unfortunately, many buildings, once
boarded, remain that way for many years. The purpose behind this article
is to establish a program for identifying and registering vacant buildings;
to determine the responsibilities of owners of vacant buildings and
structures; and to speed the rehabilitation of the vacant properties.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have the meanings indicated:
A duly authorized representative of the Building Department,
the Police Department, and Department of Public Works.
A building or space that meets or exceeds the New York State
minimum requirements for human occupancy.
Those shown to be the owner or owners on the records of the
Village of Ossining, Department of Finance, 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. Any such person shall have a joint and several obligation
for compliance with the provisions of this section.
A bond, letter of credit, cash escrow or other acceptable
form of guaranty, as determined by the Village Treasurer, to cover
the Village's potential cost of correcting code violations or abating
unsafe or imminently dangerous conditions. The sufficiency of such
performance guaranty shall be determined by the Village Treasurer
after consultation with the Corporation Counsel and other officials
and departments of the Village of Ossining as appropriate.
A building secured by means other than those used in the
design of the building.
A building which is vacant or is not legally being used for
an occupancy authorized by the owner.
A building or portion of a building which is open, accessible
or an attractive nuisance.
Any building, structure or portion thereof designed or used
for residential or commercial purposes which has been unoccupied or
unused for a period of 60 days or longer. Additionally, a vacant building
will include any building, structure or portion thereof that is unoccupied
as determined by the appropriate village, county or state agency.
A.
The owner shall register with the Building Department not later than
30 days after any building located in the Village becomes a vacant
building or not later than 30 days after being notified by the Building
Department to register. The Enforcement Officer 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.
The owner shall register the property annually with the Building Department.
The renewal date shall be January 31 of each year.
B.
The registration shall be provided on forms provided by the Building
Department and shall include, among other matters, the following information
supplied by the owner:
(1)
A description of the premises, address, block and lot number;
(2)
The names, addresses and phone numbers of the owners;
(3)
The name, address and phone number of any person contracted by the
owner for property management;
(4)
The names, addresses and phone numbers of all known lien holders
and all other parties holding an ownership interest in the property;
and
(5)
A telephone number where a responsible person and owner can be reached
at all times.
C.
The owners shall submit a vacant building plan which must meet the
approval of the Director of Code Enforcement, the Building Inspector
or Assistant Building Inspector. 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 under a permit
application filed with the Building Department, indicating the proposed
time frame for the building to be demolished, an affidavit executed
by the owner that he will assume all costs associated with the demolition,
and a performance guaranty.
(2)
If the building is to remain vacant, a plan for the securing of the
building in accordance with standards provided by the Building Department;
if applicable, such plans must be filed along with the procedure that
will be used to maintain the property in accordance with the Village's
Building Code, and a statement of the reasons why the building will
be left vacant and for what time period the building will be vacant,
and a performance guaranty, all of which must be acceptable to the
Director of Code Enforcement, Building Inspector or Assistant Building
Inspector.
(3)
If the building is to be returned to appropriate occupancy or use,
a rehabilitation plan for the property and a performance guaranty
shall be provided. The rehabilitation plan shall not exceed 365 days,
unless the Director of Code Enforcement, Building Inspector or Assistant
Building Inspector grants an extension upon receipt of a written statement
from the owner detailing the reasons for the extension. Any repairs,
improvements or alterations to the property must comply with any applicable
zoning, housing, historic preservation or building codes and must
be secured in accordance with the Village Code, and with the directions
of the Director of Code Enforcement, Building Inspector or Assistant
Building Inspector, during the rehabilitation or until a new certificate
of occupancy or certificate of completion has been issued.
D.
All applicable laws and codes shall be complied with by the owner.
The owner shall notify the Building Department 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 Director of Code Enforcement, Building Inspector
or Assistant Building Inspector.
E.
The owner and subsequent owners shall keep the building secured by any means necessary and/or are required to keep the building safe and secured while properly maintaining said building at all times as provided for in this article and in Article IX. Failure of the owner or any subsequent owners to keep the building secure and safe and/or maintain the building and premises that result in remedial action taken by the Village shall be grounds for the revocation of the approved plan and shall be subject to any applicable penalties provided by law.
F.
The new owners shall be required to register the vacant building
with the Building Department within 30 days of any transfer of an
ownership interest in a vacant building. The new owners shall comply
with the approved plan, the performance guaranty, if required, and
the timetable submitted by the previous owner until any proposed changes
are submitted and meet the approval of the Director of Code Enforcement,
Building Inspector or Assistant Building Inspector.
G.
Any person owning or having charge or control of any building which
has been vacant for over 60 days shall remove all combustible waste
and refuse therefrom and lock, barricade, guard continuously or otherwise
secure all windows, doors and other openings in the building to prevent
entry by unauthorized persons.
H.
In vacant or unoccupied buildings or portions thereof, all required
sprinkler, standpipe and fire alarm systems and all component parts
shall be maintained in operating condition at all times.
I.
Where any door, window or other means of ingress or egress from a
vacant building or structure has become broken or open, the property
owner shall promptly make repairs, and the Director of Code Enforcement,
Building Inspector, Assistant Building Inspector or Code Enforcement
Officer may order the building or structure repaired so as to comply
with the requirements detailed in this article.
J.
Except for one locked exterior door, all openings shall be boarded up as detailed in Subsection K when deemed by the Director of Code Enforcement, Building Inspector, Assistant Building Inspector or Code Enforcement Officer to be necessary for the protection of the public health, safety and welfare. Where the aforementioned Code Enforcement personnel do not deem it necessary to board up windows or other openings in vacant buildings, such buildings shall maintain doors and glass windows in good condition appropriate to the architecture of the building and shall provide appropriate window dressings where Code Enforcement personnel deem it necessary to shield the public's view into the vacant building. Appropriate window dressings shall not include newspaper, white window paint or other similar means of concealing views into the vacant building. All show windows and glazed doors shall be periodically washed and maintained in a clean and sanitary condition. All cracked or broken show windows or glazed doors shall be repaired or replaced as necessary.
K.
All openings shall be fitted with boards cut to actual size with
new material of either plywood or pressboard having a minimum thickness
of 1/2 inch and retained in place by affixing two inches by four inches
top, bottom and center on the exterior in a neat and workmanlike manner.
All plywood or pressboard used in boarding up shall be painted in
a color and quality of paint subject to the approval of the Director
of Code Enforcement, Building Inspector or Assistant Building Inspector.
L.
All storefronts shall be kept in good repair, painted where required,
and shall not be permitted to become a safety hazard or nuisance.
In the event that repairs to a storefront become necessary, such repairs
shall be made so as to permanently repair the damaged areas. Any cornice
visible above a storefront shall be kept painted and otherwise in
good condition and repair.
M.
The owner or other responsible party for the maintenance of a vacant
building shall take such steps as may be required to ensure that the
building and any adjoining yard on the premises remains secure and
does not present a hazard to adjoining properties or the public. Each
floor area within the vacant building shall maintain at least one
means of egress which complies with the New York State Fire Prevention
and Building Code, as revised.
N.
The floor area of each vacant building shall be lighted by no less
than a twenty-five-watt light fixture.
O.
All signs and associated hardware shall be removed after a commercial
occupancy becomes vacant in excess of 60 days.
P.
Vacant building fees.
(1)
The owner of a vacant building shall pay an annual fee as set forth
in Subsection G(3) for the period the building remains a vacant building.
The fee shall be paid within 30 days after the building becomes vacant.
If the fee is not paid within such time, the owner shall be subject
to penalties and any additional fees that may be imposed by the court.
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 the vacant building
site.
(2)
The first annual fee shall be paid no later than 30 days after the
building becomes vacant.
(3)
The following fees are hereby imposed:
|
Property Type
|
Year 1
|
Year 2
|
Year 3
|
Each Subsequent Year
|
|---|---|---|---|---|
|
Residential
|
First unit: $400; each additional unit: $400
|
First unit: $1,000; each additional unit: $400
|
First unit: $1,000; each additional unit: $600
|
First unit: $2,000; each additional unit: $1,000
|
|
Commercial
|
$2,000 or $0.20 per square foot, whichever is greater
|
$2,150 or $0.30 per square foot, whichever is greater
|
$3,000 or $0.40 per square foot, whichever is greater
|
$5,000 or $0.50 per square foot, whichever is greater
|
(4)
If the fee is not paid within 30 days of being due, the owner shall
be subject to a penalty of $200 per month and prosecution in court.
If a plan is extended beyond 365 days, subsequent annual fees shall
be due on the anniversary date. Any fee not paid at this time shall
be subject to payment of an additional penalty of $200 per month for
each month the fee remains unpaid, such additional penalty coming
due on the first day of each month. After six months, if the fee still
remains unpaid, the penalty will increase by $200 per month for each
month the fee remains unpaid, until the penalty reaches the amount
of $4,000, at which point it will remain until the matter is resolved.
If any penalty is not paid within 30 days of the due date, the owner
shall be subject to prosecution in court.
(5)
The fee shall be paid in full prior to the issuance of any building
permits, certificates of occupancy or certificates of completion,
with the exception of any demolition permit.
(6)
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 anniversary date of the filing of
the registration form.
A.
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 45 days after the fire or extreme weather event if
the property owner submits a written request for exemption to the
Building Department. This written request shall include the following
information supplied by the owner:
(1)
A description of the premises, address, lot and block;
(2)
The names, addresses and phone numbers of the owners;
(3)
A statement of intent to repair and reoccupy the building in an expedient
manner or the intent to demolish the building;
(4)
A performance guaranty;
(5)
If a building is actively undergoing renovation or restoration under
a building permit, the status of the building shall be reviewed at
the time of a request for permit extension for inclusion in the registry.
B.
Any property on which a building permit has been received and is
being actively developed shall be exempt from the registration requirement
for a period of six months from the date of the written request for
an exemption which has been submitted to the Building Department.
If additional time is needed, the Building Department may grant one
additional exemption by which time the work on the building shall
be completed. The written request shall include the following information
supplied by the owner:
A.
The Building Department, Police Department, and Department of Public
Works may inspect any premises in the Village for the purposes 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. Nothing contained herein, however,
shall diminish the owner's right to insist upon the procurement of
a search warrant from a court of competent jurisdiction by the Enforcement
Officer or his or her designees in order to enable such inspection,
and the Enforcement Officer shall be required to obtain a search warrant
whenever an owner refuses to permit a warrantless inspection of the
premises.
B.
The Building Department shall do periodic inspections of each vacant
building or unit. The Building Department shall also submit a biannual
report, no later than April 15 and October 15 of each year, to the
Village Manager, listing all buildings declared vacant under the provisions
of this article and the date upon which the buildings or units were
declared vacant and whether a building plan has been filed. The report
shall include a list of all previously declared vacant buildings which
are no longer subject to the provisions of this article.
A.
The property owner may appeal any adverse decision of the Director
of Code Enforcement, Building Inspector or Assistant Building Inspector
under this article to the Vacant Buildings Review Board by filing
a written request for review with the Director of Code Enforcement
or Building Inspector, setting forth the reasons for the appeal, within
10 days after receipt of the determination.
B.
The appeal will be considered by the Vacant Buildings Review Board,
which shall consist of the Village Manager or his/her designee, the
Village Engineer or his/her designee and the Corporation Counsel or
his/her designee.
C.
A timely request for appeal shall stay any action of the Building
Department until the Vacant Buildings Review Board has decided the
appeal. If a request for appeal is not made within the ten-day period,
the action of the Director of Code Enforcement Officer, Building Inspector
or Assistant Building Inspector is final.
D.
The property owner shall be entitled to a hearing by the Vacant Buildings
Review Board only if requested in the written request for review.
E.
The Vacant Buildings Review Board shall consider the evidence submitted
by the property owner while reviewing the decision of the Director
of Code Enforcement, Building Inspector or Assistant Building Inspector.
The Board shall make its decision on the basis of the preponderance
of the evidence. The Board must render a decision within 30 days after
the request for an appeal is filed. The Board shall affirm, reverse
or modify the action of the Director of Code Enforcement, Building
Inspector or Assistant Building Inspector. The decision of the Board
is final as to administrative remedies with the Village.
