[HISTORY: Adopted by the Village Board of the Village of
Fort Plain 1-15-2018 by L.L. No.
1-2018. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 138.
The purpose and intent of this chapter is to prevent the deterioration
and decline in value of neighborhoods in the Village of Fort Plain;
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
chapter to identify, regulate, limit and reduce the number of these
properties located within the Village. It is the further intent of
this chapter 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 chapter, the following terms shall have their
meanings indicated:
A property that is accessible through a compromised or 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 various local laws of
the Village of Fort Plain, including the Zoning Code and the New York
State Fire Prevention and Building Codes, as currently in effect and
as may hereafter be 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, deteriorated, or properties where neglected maintenance
and/or deterioration poses a threat to the structure or its significant
architectural features, or violates minimum health and safety standards
or lacks maintenance as required by the applicable codes.
Shall be the Village of Fort Plain Code Enforcement Officer.
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
reviewing of credentials, the Village, or its designee, may allow
a nonlocal manager to be listed.
Any person, firm, corporation, limited-liability company
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 property manager, property maintenance company or similar
entity responsible for the maintenance of registrable real property.
Any improved residential or commercial land, building, 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 lien sale.
Property that contains single-family rental dwelling units
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.
Property occupied for only part of a year, such as where
an owner lives at another location for a portion of the year, but
where the local property is continued to be maintained.
[Added 11-17-2020 by L.L. No. 4-2020]
Any parcel of land in the Village that contains a 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.
[Amended 11-17-2020 by L.L. No. 4-2020]
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, county, or Village provision for same. The provisions of this chapter are in addition to and are not intended to replace Article II, Building Registration and Posting, of Chapter 75, entitled "Buildings, Numbering and Registration of."
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. The registration requirement
established herein shall not apply to any state or federally chartered
bank or other financial institution which is subject to the provisions
of the Zombie Property and Foreclosure Prevention Law of the State
of New York, but shall apply to bank-owned properties.
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 Code Enforcement Officer, or his/her
designee, on forms or in such other manner as directed. A separate
registration is required for each vacant residential structure.
B.Â
Registration pursuant to this section 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 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 chapter have 30 calendar days from the effective date to register
the property with the Code Enforcement Officer, or his/her designee,
on forms or in such other manner as directed. A separate registration
is required for each registrable property.
D.Â
As long as the properly 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 pursuant to a fee schedule
established by resolution of the Village Board shall accompany each
registration pursuant to this section. The registration fee shall
not apply to vacant real property, which is otherwise subject to the
registration requirement, upon a showing by the owner that the building
or structure is:
[Amended 11-17-2020 by L.L. No. 4-2020]
(1)Â
Undergoing
active and diligent construction, renovation or rehabilitation; or
(2)Â
Used
on a seasonal basis, but is otherwise secure; or
(3)Â
Subject
of an administration or probate proceeding in a surrogate's or other
probate court; or
(4)Â
Damaged
by a natural disaster, but where the owner intends to repair and reoccupy
the property and is actively taking steps to do so; or
(5)Â
Located
on real property which is listed for sale with a licensed real estate
agency, in which case the exemption is for a period of one year; or
(6)Â
Located
on real property which is located on real property which is for sale
by owner, provided the property is listed for no more than 10% above
the assessed value of the property, in which case the exemption is
for a period of one year.
F.Â
All registration fees must be paid directly by 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 section is a violation of this chapter and shall be subject
to enforcement and any resulting monetary penalties. Such modification
of the registration form must be made within 30 days of any such change
of circumstances.
J.Â
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 to bring it into compliance.
A.Â
Properties subject to this chapter shall, at all times, comply with
all provisions of the Village's Property Maintenance Code and all
other applicable codes.
B.Â
All vacant buildings shall be kept secured or shall be kept boarded
up.
C.Â
The term "secured," for the purposes of this section, shall mean
that all means of ingress and egress, including but not limited to
all doorways and windows, shall be in good state of repair, without
any broken glass or other damage that might allow entry or create
an eyesore, and shall be securely locked. Any building that is not
so secured shall be promptly "boarded up," meaning that all means
of ingress and egress at all floor levels shall be covered over, as
specified hereinafter, so as to ensure the continued security of the
building and to reduce the negative impact on the neighborhood. Boarding
up shall be done by utilizing the materials and methods as approved
by the Code Enforcement Officer.
D.Â
In addition to securing or boarding up the building, the following
minimum requirements shall be met for all vacant buildings:
(1)Â
The roof shall be structurally sound and weathertight. Any damaged
or missing rafters, decking or roofing materials shall be repaired
or replaced with equivalent material, but in all cases so as to meet
or exceed the standards for such building type so as to be in compliance
with the provisions of the New York State Fire Prevention and Building
Codes, all installed in a workmanlike manner.
(2)Â
All combustible trash and debris shall be removed from the building.
Any portions of the exterior of the main building or accessory buildings,
including but not limited to walls, porches, stairs, parapet walls
and chimneys, that are deteriorated so as to be in danger of collapse
or to otherwise constitute a hazard or allow penetration of water
into the building shall be repaired or replaced or otherwise made
safe and weathertight.
(3)Â
The grounds surrounding the building shall be cleared and kept cleared
of all litter, rubble, debris, trash and junk and of all grass or
weeds in excess of six inches in height.
E.Â
Whenever the Code Enforcement Officer shall find a building or structure
or a portion thereof to be an unsafe or vacant building, he/she shall
give the owner, agent or person in control of such building or structure
written notice stating the defects thereof. This notice shall require
the owner within a stated time either to complete specified repairs
or improvements, or to demolish and remove the building or structure
or portion thereof.
F.Â
If the Code Enforcement Officer finds that there is actual and immediate
danger of failure or collapse so as to endanger life, such notice
shall require the building, structure or portion thereof to be vacated
forthwith and not reoccupied until the specified repairs and improvements
are completed, inspected and approved by the Code Enforcement Officer.
The Code Enforcement Officer shall cause to be posted at each entrance
of such building a notice which includes the statement: "THIS BUILDING
IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE CODE
ENFORCEMENT OFFICER, VILLAGE OF FORT PLAIN." Such notice shall remain
posted until the required repairs or demolition is completed. It shall
be unlawful for any person, firm or corporation or their agents or
other servants to remove such notice without written permission of
the Code Enforcement Officer or for any person to enter the building
except for the purpose of making the required repairs or of demolishing
the same.
A vacant or unoccupied building or structure shall not be occupied
until:
A.Â
A certificate of occupancy has been issued by the Code Enforcement
Officer after all violations have been corrected in accordance with
the applicable requirements of the New York State Fire Prevention
and Building Codes and any other codes that are enforced by the Village,
including the Village's Property Maintenance Code;
B.Â
All mechanical, electrical, plumbing and structural systems have
been determined by the Code Enforcement Officer to be in compliance,
or at the option and expense of the property owner same is certified
to by a licensed contractor as being in good repair; and
C.Â
All assessments and liens owed to the Village have been paid in full.
A.Â
This chapter shall be administered and enforced by the Code Enforcement
Officer.
B.Â
The Code Enforcement Officer or his/her designee shall have the following
remedies for enforcement of this chapter:
(1)Â
Appearance tickets. The Code Enforcement Officer, 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 the Minden Town Court at a designated
future time in connection with the alleged commission of a designated
violation of this chapter or any order made thereunder.
(2)Â
Penalties for offenses. Any person who fails to comply with any provision
of this chapter or fails to comply with any notice, order or directive
of the Code Enforcement Officer, or his/her representative, after
expiration of the time for compliance established in accordance with
this chapter 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 or any person authorized
by the Village to enforce the sections of this chapter 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.
[Added 11-17-2020 by L.L. No. 4-2020]
If the owner fails to pay the amount of any registration fee
due after being given notice of the amount of such registration fee
due, said amount as assessed shall constitute a lien and charge on
the real property as which it is levied until paid or otherwise satisfied
or discharged and shall be collected in the same manner and at the
same time as the other Village taxes and charges.
If any section, sentence, clause or phrase of this chapter 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 chapter.
All ordinances, local laws and parts thereof inconsistent with
this chapter are hereby repealed.
This chapter shall take effect upon filing with the New York
State Secretary of State.
The chapter designation and numerical/lettering designations
of the section and article(s) included in this chapter shall be delegated
to the discretion of General Code Publishers, which may renumber the
chapter, sections and article(s) included, in this chapter as necessary
to accommodate incorporation of this chapter in the Code of the Village
of Fort Plain.