[HISTORY: Adopted by the Town Board of the Town of Waterford 1-5-2021 by L.L. No. 1-2021. Amendments noted where applicable.]
This chapter shall be referred to as "A Local Law Establishing
a Registry for Vacant Buildings and Property Maintenance Requirements
for Lots Containing a Vacant Building."
A.
It is the finding of the Town Board that buildings which remain vacant
and are not properly secured and maintained are unsightly, unsafe
and have a negative effect on the surrounding community. Unfortunately,
many buildings, once vacant, remain that way for years. The purpose
of this chapter is to establish a program for identifying and registering
vacant and abandoned buildings, and to establish certain property
maintenance requirements for lots containing vacant buildings to promote
the health, safety, and welfare of the community.
B.
The provisions of this chapter are applicable to the owners and mortgagees
of such vacant or abandoned buildings as set forth herein and are
in addition to and not in lieu of any and all other applicable provisions
of this chapter, the Health and Sanitation Code, and any other applicable
provisions of the Town of Waterford Code.
A.
BOARDED
BRUSH
CODE ENFORCEMENT OFFICER
EMERGENCY SITUATION
OCCUPIED
OPEN
OWNER
VACANT
(1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(3)
(a)
(b)
(c)
Definitions. For purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them as follows.
A building or structure subject to the provisions of this
chapter shall be deemed to be boarded if in place of one or more exterior
doors, other than a storm door, or of one or more windows, there is
a sheet or sheets of plywood or similar material covering the space
for such door or window, which has remained in place for a period
greater than 60 days.
Uncultivated woody shrubs and immature trees.
The duly authorized Town of Waterford Code Enforcement Officer,
or designated persons from that office.
Where the condition of a building, structure or any part
thereof is an imminent, immediate and substantial danger to the health
or safety of occupant, emergency responders and/or the general public.
Such conditions include, but are not limited to, fire hazards, falling
or dilapidated buildings, structures or any part thereof, loss of
significant water, heat, ventilation or a lack of sanitary conditions.
Any building or structure shall be deemed to be occupied
if one or more persons is actively conducting lawful business or resides
in all or any part of the building as the licensed business occupant,
or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent,
nontransient basis, or any combination of the same. For purposes of
this chapter, evidence offered to prove that a building is so occupied
may include, but shall not be limited to, the regular receipt of delivery
of regular mail through the United States Postal Service; proof of
continual telephone, electric, gas, heating, water and sewer services;
or the most recent, federal or state income tax statements indicating
that the subject property is the official business or residence address
of the person or business claiming occupancy.
A building or structure subject to the provisions of this
chapter shall be deemed to be open if any one or more exterior doors
other than a storm door is broken, open and/or closed but without
a properly functioning lock to secure it, or if one or more windows
is broken or not capable of being locked and secured from intrusion
or any combination of the same.
An owner or the fee holder of the premises or any lesser
estate therein, a mortgagee, a vendee-in possessions, assignee of
rents, receiver, executor, trustee, lessee, agent or any other person,
firm or corporation that is directly or indirectly in control of a
building subject to the provisions of this chapter, and as set forth
below.
A building or structure shall be deemed to be vacant if no person
or persons actively conduct a lawfully licensed business in any part
of the building, or lawfully reside or live 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.
Evidence of a lack of occupancy may include, but shall not be
limited to, one or more of the following conditions:
Overgrown or dead vegetation;
Accumulation of newspapers, circulars, flyers or mail;
Past-due utility notices, disconnected utilities or utilities
not in use;
Accumulation of trash, refuse or other debris;
Absence of window coverings, such as curtains, blinds or shutters;
One or more boarded, missing or broken windows;
The building is open to casual entry or trespass; and/or
The building appears structurally unsound or has any other condition
that presents a potential hazard or danger to the safety of persons.
A building shall not be deemed unoccupied if:
It is undergoing construction, renovation or rehabilitation
that is proceeding diligently to completion;
It is occupied on a seasonal basis, but otherwise secure; and/or
It is secure, but it is the subject of a probate action or other
estate proceeding, action to quiet title or other ownership dispute.
B.
Applicability. This chapter shall be applicable to each owner and
mortgagee of any building that is not a dwelling that shall have been
vacant for more than 35 consecutive days and to each owner and mortgagee
of residential property consisting of one or more vacant dwellings
that shall have been vacant for more than 35 consecutive days.
A.
Owner. Every owner of real property located within the Town that
is abandoned or vacant as those terms are defined herein shall register
the property with the Town Code Enforcement Officer or his or her
designee on forms provided by the Town and shall pay the fees as required
by this chapter. A separate registration is required for each vacant
property.
B.
Mortgagee. Any mortgagee who holds a mortgage on real property located
within the Town of Waterford shall upon default by the mortgagor and
prior to the issuance of a notice of default or the filing of a lis
pendens with the County Clerk, whichever is earlier, perform an inspection
for the mortgaged property. If the property is found to be vacant
or shows evidence of vacancy as defined herein, it shall be deemed
abandoned/vacant real property and the mortgagee shall within 10 days
of the inspection register the property with the Town Code Enforcement
or his or her designee on forms provided by the Town and shall pay
the fees as required by this chapter. A registration is required for
each vacant property. If the property is occupied but the mortgage
on the property remains in default, the property shall be inspected
by the mortgagee or his or her designee monthly until:
(1)
The mortgagor or other party remedies the default; or
(2)
It is found to be vacant or shows evidence of vacancy at which time
it is deemed abandoned/vacant and the mortgagee shall within 10 days
of that inspection register the property with the Code Enforcement
Officer or his or her designee on forms provided by the Town and shall
pay the fees as required by this chapter.
Each such owner and mortgagee shall cause to be filed a notarized
registration statement, which shall include the street address and
Tax Map parcel number of each such vacant building, the names and
addresses of all owners, and any other information deemed necessary
by the Code Enforcement Officer or his or her designee. For purposes
of this section, the following shall also be applicable:
A.
If the owner is a corporation, the registration statement shall provide
the name and business and residence address, together with the work,
home and cellphone telephone numbers and email address of a responsible
officer of the corporation that will allow the Town to contact the
responsible officer on a twenty-four-hour basis;
B.
If an estate, the name and business and residence addresses of the
executor of the estate and the work, home and cellphone telephone
numbers and email address of the executor;
C.
If a trust, the name and business and residence addresses of all
trustees, grantors, and beneficiaries and the work, home, and cellphone
telephone numbers and email addresses of all of the trustees and beneficiaries;
D.
If a partnership or limited liability company, the names and residence
and business addresses of all partners or members with an interest
of 10% or greater and the work, home and cellphone telephone numbers
and email addresses of all such business partners;
E.
If any other form of unincorporated association, including homeowners'
associations, the names and residence and business addresses of all
principals or members or managers with representative authority or
similar entity and the work, home and cellphone telephone numbers
and email addresses of all such principals or members or managers;
F.
If an individual person, the name and residence address of that individual
person and the work, home and cellphone telephone numbers and email
address of such person.
If none of the persons listed above is shown at an address within
the state, the registration statement also shall provide the name
and address of a person who resides within 50 miles of Town Hall in
the Town of Waterford, State of New York, and who is authorized to
accept service of process on behalf of the owners or mortgagees and
who has been designated as responsible, local party or agent, both
for the purposes of notification in the event of an emergency affecting
the public health, safety or welfare and for the purposes of service
of any and all notices or registration statements as herein authorized
and in connection herewith. Registration shall be required for all
vacant or abandoned buildings, whether vacant and secure, vacant and
open or vacant and boarded, and shall be required whenever any building
has remained vacant for 35 consecutive days or more. In no instance
shall the registration fees be construed to relieve or otherwise exonerate
the owner, agent or responsible party from responsibility for compliance
with any other Building Code or Housing Code requirement. One registration
statement must be filed for each vacant building of the owner or mortgagee
so registering and separate fee paid therefor. The owner or mortgagee
of the vacant or abandoned real property as of the yearly anniversary
date of the initial registration filing shall be responsible for the
payment of the nonrefundable registration fee. Said fee shall be established
by separate Town Board resolution and shall be paid to the Town Clerk
and shall be based on the duration of the vacancy as determined by
said separate Town Board resolution.
The owner or mortgagee shall have the right to appeal the imposition
of registration fees to the Town Board, upon filing a written application
of appeal on a form to be provided by the Town with the applicable
nonrefundable appeal filing fee of $150. The written appeal application
must be filed in the office of the Town Clerk no later than 30 calendar
days from the date of payment of the registration fee. On appeal,
the owner shall bear the burden of proof by clear and convincing evidence
of occupancy, as defined herein.
After the owner or mortgagee is given notice of the amount of
the registration fee due and the owner fails to pay the amount due,
said amount shall constitute a debt due and owing to the Town and
the Town may, in addition to its provisions for costs and expenses
set forth herein, commence a civil action to collect such unpaid debt,
together with the costs and attorney's fees related to such collection.
After the owner or mortgagee is given notice of the amount of
the registration fee due, and the owner fails to pay the amount due,
said amount so assessed shall constitute a lien and charge on the
real property on 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 other Town taxes and charges.
If the status of the registration information changes during
the course of any calendar year, it is the responsibility of the owner,
mortgagee, responsible party or agent for the same to contact the
head of the Town Code Enforcement Department within 30 days of the
occurrence of such changes and advise the Code Enforcement Department,
in writing, of those changes.
A.
This chapter shall not apply to any building owned by the United
States, the state, the county or the Town nor to any of their respective
agencies or political subdivisions.
B.
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 Code Enforcement Officer. This request shall include the following
information supplied by the owner:
Under New York State Public Officers Law § 87, the
vacant property registry (as established by this chapter) and all
vacant property registration forms shall be exempt from disclosure
under the Freedom of Information Law on the grounds that such disclosure
would constitute an unwarranted invasion of personal privacy. The
Town Clerk shall institute strict policies to ensure that such information
is available only to Town personnel engaged in the enforcement of
the provisions of this chapter and, in emergency situations, to members
of law enforcement, the fire service, emergency medical services,
and public utility companies.
A.
Penalties. The failure or refusal for any reason of any owners, mortgagee,
responsible person or agent of an owner acting on behalf of the owner
to register a vacant building or to pay any fees required to be paid
pursuant to the provisions of this chapter, within 30 days after they
become due, shall constitute a violation, punishable upon conviction
thereof by a fine in the amount of not less than $500 nor more than
$1,500 for each failure or refusal to register, or for each failure
or refusal to pay a required vacant building registry fee, as applicable;
however, the minimum mandatory fine for a violation of this chapter
shall not be less than double the amount of the registration fee due
and owing. There shall be no unconditional discharges or suspended
sentences upon a finding of a violation of this chapter.
B.
Discontinuance of water service. Upon failure to register a vacant
or abandoned building within 30 days of the request for registration,
the Town Board may, and in its sole option, proceed to either terminate
water service and/or remove the water meter from the subject premises.
This chapter is intended to be used in conjunction with existing
laws, and nothing in this chapter shall be construed as rendering
other applicable laws invalid. Where no law exists or where existing
laws are silent in any area where this chapter sets forth specific
provisions, the provisions of this chapter shall apply. In any situation
where a conflict exists between a provision of this chapter and any
existing law, the more restrictive requirement shall prevail, unless
otherwise specified.
A.
A Fee Schedule shall be established by the Town Board and shall be
based on the size of the building. Vacant building fees for buildings
of 5,000 square feet or greater shall be doubled. The owner of a vacant
building shall pay an initial registration fee to the Town Clerk that
will be prorated depending upon the date the registration occurred.
If the building remains vacant for the remainder of the year, then
on the next January 1, an annual registration fee will be due and
payable within 10 days. The fee will continue as long as the building
remains vacant and it will increase annually depending upon the length
of vacancy.
B.
All fees specified in this chapter are nonrefundable and are not
cumulative.
A.
Duty to keep properties containing a vacant building free of brush,
grass and weeds and Town's authority to remove.
(1)
The owner of any lot containing a vacant building located in the
Town of Waterford shall cut, trim or remove brush, grass or weeds
upon said property. Specifically, brush, grass or weeds shall not
be permitted to grow to a length of 10 or more inches within 50 feet
of a public road (whether a road by dedication or use), or within
50 feet of any vacant building or other structure located upon such
lot. The requirement to cut, trim or remove brush, grass or weeds
shall include all dead, damaged or diseased trees or shrubs which
present any hazard to life or property, but shall not otherwise include:
(2)
In the event that the owner of a lot containing a vacant building
shall fail to cut, trim or remove brush, grass or weeds from said
property as provided herein, the Town shall have the authority, as
provided for herein, to enter upon such property and cut, trim or
remove said brush, grass or weeds. The cost and expense of such action
shall be assessed against the property and a lien established in the
manner provided hereinbelow.
B.
Notice to maintain property.
(1)
If the Code Enforcement Officer shall find brush, grass or weeds
upon property containing a vacant building located in the Town of
Waterford in excess of the height restrictions listed above, the Code
Enforcement Officer may make an order directing notice to be served
upon the owner of said property as shown by the records of the Office
of the Assessor of the Town.
(2)
The notice shall contain a general description of the property containing
a vacant building, a statement of the particulars with regards to
the condition of the property and an order requiring the cutting,
trimming or removal of brush, grass or weeds. The notice shall specify
a time, not less than 10 days after the service thereof, within which
the owner served with such notice must complete the cutting, trimming
or removal of brush, grass or weeds from the property as specified
in the notice. The notice shall state that, in the event that the
condition on the property is not eliminated within the time specified
in the notice, the Town shall undertake to enter the property to cut,
trim or remove brush, grass or weeds and assess the cost of same against
the property.
(3)
The notice may be served either personally or by regular and certified
mail, addressed to the property containing a vacant building where
the brush, grass or weeds are located as shown by the records of the
Assessor of the Town. Service of the notice by mail shall be deemed
completed on the day on which the mailing will have been accomplished.
C.
Failure to comply with maintenance notice. Upon failure of the owner
of the property containing a vacant building to comply with the notice
within the time provided therein, the Code Enforcement Officer, or
other such official of the Town as may be designated by the Code Enforcement
Officer, shall provide such labor and materials as are necessary for
cutting, trimming or removal of brush, grass or weeds and shall cause
such work to be performed to complete the cutting, trimming and removal
of such brush, grass or weeds from the property. The Town shall keep
records of the cost of such work.
D.
Billing notice. Should the cutting, trimming and removal of brush,
grass or weeds from the property be performed by the Town or the Town's
contractor, the Town shall serve a billing notice on the owner of
such property, as identified on the Town's most recent assessment
roll, setting forth the cost of such work together with an additional
administrative fee of $100 for costs of inspection and other incidental
costs associated with abating the condition, to be added to the total
costs of the work.
E.
Assessment of costs and expenses. Should the owner of the property
containing a vacant building fail to comply with the billing notice
within the time provided therein, all costs and expenses incurred
by the Town in connection with the cutting, trimming and removal of
brush, grass or weeds from the property, plus an administrative fee
of $100, shall be assessed against the land on which said brush, grass
or weeds were located. An itemization of costs shall be provided to
the Town Board by the Code Enforcement Officer. The total costs and
expenses shall then be determined by the Town Board, plus an administrative
fee of $100, and shall be reported by the Town Board to the Assessor
of the Town as an amount to be liened and assessed against the property,
and the expense so assessed shall constitute a lien and charge on
the property on which it is levied until paid or otherwise satisfied
or discharged and shall be collected in the same manner and subject
to the same rules, penalties and charges as apply to the collection
of real property taxes of the Town. That portion of said collected
funds which shall represent costs and expenses incurred by any department
of the Town with regard to alleviating the condition shall be returned
to that department's operational budget.
F.
Property maintenance requirement not exclusive. The property maintenance
requirements set forth in this chapter are in addition to all other
property maintenance requirements imposed by any other state or local
law, code, rule or regulation, and shall not be deemed to replace
or amend any such other law, code, rule or regulation be in lieu thereof.
A.
A violation of any provision of this chapter shall be an offense
punishable by a fine not to exceed $1,000 and an imprisonment for
a term not to exceed 15 days, or both. For purposes of this chapter,
each week's continued existence of a violation shall constitute
a separate violation. For purposes of the proceeding sentence, a week
shall constitute any period of seven consecutive days.
B.
The Code Enforcement Officer or a representative designated by the
Code Enforcement Officer, as the case may be, is hereby authorized
to issue appearance tickets pursuant to the Criminal Procedure Law
in the enforcement of this chapter.
C.
No remedy or penalty specified in this section shall be the exclusive
remedy available to address any violation of this chapter, and each
remedy or penalty specified in this section shall be in addition to,
and not in substitution for or limitation of, any other remedies or
penalties otherwise available under applicable law. Any remedy or
penalty specified in this section may be pursued at any time, whether
prior to, simultaneously with, or after the pursuit of any other remedy
or penalty specified in any other applicable law.
This chapter shall not apply to impose duties, liabilities or
obligations upon any state- or federally chartered bank, savings bank,
savings and loan association or credit union (collectively referred
to in this section as a "lending institution") which is covered by
preemptions of local regulations stated within § § 1308
and 1310 of the New York Real Property Actions and Proceedings Law.
However, the provisions of this chapter shall apply to such lending
institutions to the extent not expressly preempted by Sections 1308
and 1310 of the Real Property Actions and Proceeding Law. This chapter
shall be reconciled with, and applied consistently with, § § 1308,
1309 and 1310 of the Real property Actions and Proceedings Law to
the fullest extent possible, including, but not limited to, the cumulative
exercise of rights and remedies by the Town against lending institutions
to the extent allowed by those statutory sections, and this chapter
shall not be viewed as, or deemed to be, an election of remedies in
lieu of rights afforded to the Town under those statutory sections.
If any clause, phrase, sentence, paragraph, section, or part
of this chapter is adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair, or invalidate
the remainder of this chapter, but shall instead be confined in its
operation to the clause, phrase, sentence, paragraph, section, or
part directly involved in the controversy in which such judgment shall
have been rendered.
This chapter shall take effect upon its filing with the Secretary
of State.
