[HISTORY: Adopted by the Board of Trustees of the Village
of Island Park 3-29-2019 by L.L. No. 3-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 340,
Mortgage-in-Default Registry, adopted 12-13-2018 by L.L. No. 17-2019.
It is the purpose and intent of this chapter to establish a
process to limit and reduce the number of deteriorating and/or dilapidated
properties located within the Village of Island Park, specifically
when a property is subject to a mortgage which is in default. It is
the Village's further intent to specifically establish a defaulted
mortgage registration program as a mechanism to protect neighborhoods
from blight due to lack of adequate maintenance and security of abandoned
properties which are in default.
As used in this chapter, the following terms shall have the
meanings indicated:
Any real property that is under a current notice of default
and/or notice of mortgagee's sale, pending tax assessor's
lien sale and/or properties that have been the subject of a foreclosure
sale where the title was retained by the beneficiary of a mortgage
involved in the foreclosure and any properties transferred under a
deed in lieu of foreclosure or sale.
The Chief Building Inspector or his/her designee.
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 not be limited to, overgrown
and/or dead vegetation, electricity, water or other utilities turned
off, stagnant swimming pool, statements by neighbors, passersby, delivery
agents or government agents, among other evidence that the property
is vacant.
The process by which a property, placed as security for a
mortgage loan, after a judicial process is to be sold at an auction
to satisfy a debt upon which the borrower has defaulted.
Any building or structure shall be deemed to be vacant if
no person or persons actually currently conducts a lawfully licensed
business, or lawfully resides or lives in any part of the building
as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupant(s),
or tenant(s) on a permanent, nontransient basis.
This chapter shall be considered cumulative and not superseding
or subject to any other law or provision for same, but shall rather
be an additional remedy available to the Village above and beyond
any other state, county and/or local provisions for same. This chapter
relates to property subject to a mortgage which has been determined
by the mortgagee to be in default.
A.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee, or said mortgagee's designee, monthly until
the mortgagor or other party remedies the default.
B.
Within 10 days of the date that the mortgagee declares its mortgage
on a particular parcel of real property to be in default, the mortgagee
shall inspect and register the real property with the Village's
mortgage-in-default registry. The mortgagee shall include in the registration
if the property is vacant or occupied.
C.
Mortgage-in-default registration. Registration pursuant to this chapter
shall contain the name of the mortgagee and mortgage servicer; the
direct mailing address of the mortgagee and servicer, email address
and telephone number; the name and address, email and telephone number
of a local property manager who shall be responsible for the inspection,
security and maintenance of the property. The local property manager
named in the registration shall be available Monday through Friday
between 9:00 a.m. and 5:00 p.m. as the Village's primary contact.
D.
A semiannual nonrefundable registration fee in the amount of $250
per property shall accompany the mortgage-in-default registration
form(s). Subsequent semiannual registrations of defaulted properties
and fees in the amount of $250 are due within 10 days of the expiration
of the previous registration.
E.
This chapter shall also apply to properties that have been the subject
of 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.
F.
Properties subject to this chapter shall remain under the semiannual
mortgage-in-default registration requirement, inspection, security
and maintenance standards of this chapter as long as they remain in
default.
G.
Any person or other legal entity that has registered a property under
this chapter must report any change of information contained in the
registration within 10 days of the change.
H.
Failure of the mortgagee and/or property owner of record to properly
register or to revise from time to time the registration to reflect
a change of circumstances as required by the chapter is a violation
of the Village's Code and subject to the penalties as set forth
herein.
A.
Properties subject to this chapter shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building and construction
materials left idle for an unreasonable period of time, any accumulation
of newspapers, 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 or not being properly maintained.
B.
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior-grade paint that substantially
matches the color of the exterior structure, or by replacement with
substantially similar materials in substantially similar colors and/or
designs.
C.
Yards shall be landscaped and maintained pursuant to the standards
previously established in the Village Code.
D.
Pools and spas shall be kept in working order so that pool and spa
water remains free and clear of algae, pollutants and debris. Pools
and spas shall comply with the enclosure requirements and any other
requirements of this Code and the New York State Building Code and
New York State Property Maintenance Code, as amended from time to
time.
E.
Failure of the mortgagee and/or property owner of record to properly
maintain the property is a violation of the Village's Code and
subject to the penalties as set forth herein.
A.
Properties subject to this chapter 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 and/or
structure. Broken windows shall be secured by reglazing or boarding
of the windows.
C.
If a mortgage on a property is in default and has become vacant,
the local property manager or mortgagee must perform weekly inspections
to verify compliance with the requirements of this chapter and any
other applicable laws and Village ordinances.
D.
Failure of the mortgagee and/or the property owner of record to properly
inspect and secure the property, and post and maintain the signage
noted in this chapter, is a violation of this Code, and subject to
the penalties as set forth herein.
Whoever opposes, obstructs or resists any enforcement officer,
building inspector, fire marshal or any person authorized by the Building
Department in the discharge of duties as provided in this chapter,
upon conviction, may be punished as provided in New York State Penal
Code § 195.05.
Any enforcement officer, or person authorized by the Building
Department, shall be immune from prosecution, civil or criminal, for
reasonable, good faith entrance upon real property while in the discharge
of duties imposed by this chapter.
The Code Enforcement Officer shall have authority to require
the mortgagee and/or owner of record of any property affected by this
chapter 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 prevent a decline of the
property. Nothing contained in this chapter shall prohibit the Village
from enforcing its Code by any other means.
Any person, corporation, or entity who shall violate any of
the provisions of this chapter or who shall fail to comply therewith
or with any of the requirements shall be guilty of a violation and,
upon conviction thereof, a fine of not less than $250 nor more than
$1,000 must be imposed or a term of imprisonment for a period not
to exceed 15 days may be imposed, 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, shall be guilty of a violation, and,
upon conviction, a fine of not less than $1,000 nor more than $2,500
must be imposed or a term of imprisonment for a period not to exceed
15 days may be imposed, or both; and, upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, shall be guilty of a violation, and a fine of not less
than $2,500 nor more than $5,000 must be imposed or a term of imprisonment
for a period not to exceed 15 days may be imposed, or both.
