[Adopted 6-21-2021 by L.L. No. 3-2021]
A.
It is the findings of the Village of Perry that vacant buildings
are unsightly, unsafe, and have a negative effect on the community;
they depress their assessed value at a time when government services
are most needed to effectuate the redevelopment of those buildings.
Unfortunately, many buildings once vacant, remain that way for years.
Chronically vacant buildings deplete the community of a vital resource
and vitality.
B.
The purpose of this article is to establish a program for identifying
and registering vacant residential and commercial buildings, to open
a line of communication between the owners of vacant buildings and
the community, and to speed the rehabilitation of vacant properties
to revitalize the tax base of the Village of Perry.
Unless otherwise expressly stated, the following terms will,
for the purpose of this article, have the meanings indicated in this
section:
The duly authorized representative of the Village of Perry.
Those shown to be the owner on the records of the Village
of Perry Assessor'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, land contract vendee, other person, form or corporation
in control of the premises. Any such person will have a joint and
several obligations 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 or portion thereof which lacks the habitual presence
of human beings who have a legal right to be on the premises, including
buildings ordered vacated by a Code Enforcement Officer. In determining
whether a building is unoccupied, the Code Enforcement Officer may
consider these factors, among others:
Whether lawful residential or business activity has ceased;
The percentage of the overall square footage of the occupied
to unoccupied space or the overall number of occupied and unoccupied
units;
The building is substantially devoid of contents or the minimal
value of fixtures or personal property in the building;
The building lacks utility services;
The building is subject to foreclosure action;
Duration of vacancy; and/or
The presence or reoccurrence of code violations.
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 50% of a building, which is any one or more
of the below:
Unoccupied and unsecured;
Unoccupied and secured by other than normal means;
Unoccupied and is unsafe as determined by the Code Enforcement
Office;
Unoccupied and for which the Code Officer has issued an order
to correct two or more code violations or has authorized the remediation
of two or more violations in a twelve-month period;
Illegally occupied; or
Unoccupied for a period of time over 30 days.
A.
The owner shall register with the Code Enforcement Officer not later
than 90 days after any residential or commercial building located
in the Village of Perry becomes a vacant building, as defined above,
or not later than 30 days after being notified by the Code Enforcement
Officer of the requirement to register the building. The Code Enforcement
Officer may identify vacant buildings through his/her routine inspection
process as well as through notification by residents and business
owners that a building may be required to be registered as a vacant
building.
B.
The registration shall be submitted on prescribed forms provided
by the Code Enforcement Officer and shall include the following information
provided by the owner:
(1)
A description of the premises, i.e., square footage, number of stories,
age of the building, and most recent use of the building.
(2)
The names and addresses of the owner or owners.
(3)
The names and addresses of all known lien holders and all other parties
with an ownership interest in the building.
(4)
A telephone number where a responsible party can be reached at all
times during business and nonbusiness hours.
C.
The owner shall submit a vacant building plan which must meet the
approval of the Code Enforcement Officer. The plan, at a minimum,
must contain information from one of the following four 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)
If the building is to remain vacant, a plan for the securing of the
building, along with the procedure that will be used to maintain the
property and a statement of the reasons why the building will be left
vacant.
(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 Code Enforcement Officer 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, building,
and historic district regulations. The building must be secured during
the rehabilitation. Applicants who select this plan shall not be required
to pay a fee in year one, but will be required to pay the maximum
fee for their property type if they are found to be in noncompliance
for lack of progress on the rehabilitation plan as determined by the
Code Enforcement Officer.
(4)
If the building is a single family residence to be vacant for three to six months during the year (typically during the winter), the owner must establish a method for maintenance while the residence is unoccupied. Applicants who select this plan shall be exempt from the vacant building fees (§ 465-22).
D.
The Code Enforcement Officer shall review the completed application
and, at his discretion, may refer it to the Planning Board.
E.
All applicable laws and codes shall be complied with by the owner.
The owner shall notify the Code Enforcement Officer of any changes
in information supplied as a 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 Code Enforcement Officer.
F.
The owner and subsequent owners shall keep the buildings secured
and safe and the building and ground properly maintained in accord
with the Property Maintenance Code of New York State Fire Prevention
and Building Code. 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 by the law.
G.
Within 30 days of the transfer of ownership of a vacant building,
the new owners shall register or re-register the vacant building with
the Code Enforcement Officer. The new owners shall be bound by the
approved plan and timetable submitted by the previous owner until
any proposed changes are submitted and approved by the Code Enforcement
Officer.
A.
The owner of a vacant building shall pay an annual fee for the period
the building remains a vacant building. Such fee shall be reasonably
related to the administrative costs for registering and processing
the vacant building registration form, reviewing and approving rehabilitation
plans, securing and providing rehabilitation assistance and the costs
of monitoring and inspecting the vacant building site. The annual
fees shall be in accordance with the fee schedule below:
|
Property Type
|
Year 1
|
Year 2
|
Year 3
|
Each Subsequent Year
|
|---|---|---|---|---|
|
All buildings with an approved rehabilitation plan
|
$0
|
If no extension is granted, then the maximum fee for the relevant
property type will be charged each subsequent year.
| ||
|
One- to three-unit residential
|
$250
|
$500
|
$750
|
$1,000
|
|
4+ residential units and all commercial property
|
$500
|
$1,000
|
$1,500
|
$2,000
|
B.
The first year annual fee shall be paid no later than 30 days after
the building owner has been notified by the Code Enforcement Officer
that the building is subject to the requirements of this article.
For each year after the first, the applicable fee shall be paid no
later than 30 days after the anniversary date of when the building
became vacant.
C.
The fee shall be paid in full prior to the issuance of any building
permits, with the exception of a demolition permit.
D.
Failure to pay the applicable vacant building registration fee in
a timely manner shall result in a delinquency fee of 2% per month
for each month the fee remains unpaid.
E.
After the owner is given notice of the registration fee, including
any delinquency fees, upon failure of the owner to pay the amount(s)
due, said amount(s) shall constitute a debt due and owing to the Village,
and the Village may commence a civil action to collect such unpaid
debt.
F.
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.
The Code Enforcement Officer shall maintain a complete file
on each vacant building in the Village, which shall include, at a
minimum, the vacant building registration form, record of payment
of vacant registration fees, inspection records, records of complaints
or other comments by neighbors, community organizations or others
as to the status or blighting influence of the building, and any photographs
or plans of the vacant building.
A.
Any person aggrieved by a notice or order of the Code Enforcement
Officer in connection with any section of this Law shall first apply
to the Village Board for reconsideration of such notice or order,
provided such application is made within 30 calendar days after the
original notice or order was sent to the owner by certified mail or
by way of personal delivery.
B.
Upon receipt of the appeal, the Village Board shall meet within a
reasonable time for the hearing of the appeal and shall advise the
aggrieved in writing of the time and place where the appeal will be
heard.
C.
Factors to be considered by the Village Board. In considering an
appeal, the Village Board should consider the following actions:
(1)
Whether there is reasonable evidence to support the existence of
a condition constituting the basis of a notice or order issued under
this article;
(2)
Whether an extension of time for compliance or a modification of
the notice or order is appropriate based on evidence presented relating
to the following:
(a)
There are special circumstances in carrying out the strict letter
of the notice or order as it applies to the specific case which outweigh
the benefits that enforcing such notice or order would provide to
the impacted individuals by the property's condition and the
general public as a whole.
(b)
Such an extension is in harmony with the general purpose and
intent of this article in securing the public health, safety and general
welfare.
(c)
The extension will not serve the purpose of transferring responsibility
for compliance to another party by, for example, sale or transfer
of ownership.
(d)
The violations continuing during the period of the extension
will not constitute an imminent danger to the health and safety of
the neighborhood or general public.
D.
Action following appeal hearing. After the completion of the hearing
as provided, the Village Board shall sustain, modify or withdraw the
notice or order upon which the appeal had been brought.
E.
Such final decision of the Village Board shall be filed in the office
of the Village Clerk in which the property is located and wither mailed
to the petitioner by way of certified U.S. Mail or personal delivery.
F.
If the Village Board sustains or modified a notice or order as provided
hereunder, such action shall be deemed to be and order upon which
the petitioner may appeal by way of judicial review.
A.
Any person aggrieved by the final decision of the Village Board by way of the administrative review required under § 465-24 of this article may obtain judicial review of such final decision in the New York State Supreme Court located in the County of Wyoming as provided by the Laws of the State of New York, Civil Practice Laws and Rules (CPLR), Article 78, for commenting a proceeding against a municipal entity.
B.
Such judicial review must be commenced within 30 days of the filing
of the final decision in the Village Clerk's Office.
If any article, section, subsection, paragraph, sentence, clause
or provision of this article shall be adjudged by any court of competent
jurisdiction to be invalid, such adjudication shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operations
article, section, subsection, paragraph, sentence, clause or provision
thereof directly involved in the controversy in which such judgment
shall have been rendered.
Any ordinance or local law inconsistent with the foregoing be
and the same hereby is repealed.
This article shall take effect with its filing with the New
York State Secretary of State.
