[Added 8-6-2018 by Ord.
No. 30.51.18[1]]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Art. XIA, Vacant Building Registry, added 2-7-2000 by Ord.
No. 51.82.98, as amended.
It is the finding of the Common Council that vacant buildings,
by nature of their vacancy, impose disproportionate costs on the neighborhoods
in which they are located and on the City of Albany at large. The
purpose of this article is to provide City personnel with the knowledge
they need to mitigate these costs and incentivize the owners of vacant
buildings to rehabilitate and return them to occupancy.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have the meanings indicated in this
section:
The person so designated by the Mayor, which is generally
the Commissioner of Buildings and Regulatory Compliance, or, in the
absence of such Commissioner, the Director of the Department of Buildings
and Regulatory Compliance.
A duly authorized representative of the Department of Fire
and Emergency Services or the Department of Buildings and Regulatory
Compliance.
Those shown to be the owner or owners on the records of the
City of Albany Department of Assessment and Taxation, those identified
as the owner or owners on a vacant building registration form, a mortgagor
in possession, assignee of rents, receiver, executor, trustee, lessee,
or 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 article.
Any building in which no occupant lawfully resides or no
tenant is in lawful possession, or any building otherwise not being
used for any lawful occupancy.
[Amended 7-1-2019 by Ord.
No. 11.61.19]
A.
An owner of a vacant building shall register such building with the
Department of Buildings and Regulatory Compliance immediately and
renew said registration annually thereafter until the building is
no longer vacant.
B.
An owner at the time of registration of such building shall schedule
an interior inspection of the property in its entirety with the Department
of Buildings and Regulatory Compliance, and this inspection must be
conducted within seven days of said registration. The interior inspection
will be conducted annually until the building is no longer vacant.
C.
An owner shall have all utilities turned off (electric, natural gas
and water) and provide the Department of Buildings and Regulatory
Compliance documentation and proof of such. The utilities shall remain
off until such time that the building is going to be made ready to
be reoccupied and any required permits have been obtained.
D.
An owner shall winterize said building by having all necessary water,
drain and heating lines emptied of all sitting water and the necessary
material is placed in all necessary traps to prevent freezing.
E.
The registration shall be submitted on forms provided by the Department
of Buildings and Regulatory Compliance and shall include the following
information supplied by an owner:
(1)
The property address;
(2)
The tax map identification (section, block and lot) number associated
with the parcel improved by the building or structure;
(3)
The names, addresses, e-mail addresses, and telephone numbers
of all owners;
(4)
The name, address, e-mail address, and telephone number of a
person who resides in Albany County or an adjoining county and who
has the authority to act on the owner's behalf regarding the property
in the event of an emergency;
(5)
The names and addresses of all known lienholders and all other
parties with an ownership interest in the building, and a statement
indicating whether the property is the subject of any mortgage or
tax foreclosure;
(6)
A statement as to whether the owner intends or owners intend
to rehabilitate and reoccupy the building or, if not, a statement
as to how the owner intends or owners intend to dispose of the property;
(7)
If the owner is a corporate entity, including but not limited
to a corporation, limited liability corporation, professional limited
liability company, or limited liability partnership, the name, address,
e-mail, and telephone number of an agent responsible for maintenance
of the property, at least one active officer, partner and/or member
of such entity, the registered address for the entity, and the state
in which the entity is registered; and
(8)
Proof of property insurance. This requirement may be waived
by the Chief Building Official upon a showing by the applicant that
such insurance is not available for the subject property.
F.
As a condition of registration:
[Amended 12-6-2021 by Ord. No. 30.102.21]
(1)
All applicable laws and codes shall be complied with by the
owner; and
(2)
The owner shall notify the Enforcement Officer of any changes
in information supplied as part of the vacant building registration
within 30 days of the change; and
(3)
The owner shall conspicuously place on the exterior of the registered
building according to the reasonable rules to be promulgated by the
Chief Building Official a placard to be provided by the Chief Building
Official providing notice as to how the owner of the building or a
party responsible for its maintenance may be contacted concerning
the building.
G.
A new owner shall register or reregister a vacant building with the
Enforcement Officer within 30 days of any transfer of an ownership
interest in a vacant building.
H.
Vacant building registration fees.
(1)
The owner of a vacant building shall pay an annual fee as set forth in Subsection H(2) of this section for the period the building remains a vacant building.
(3)
The vacant building shall be registered prior to the issuance
of any building permits, with the exception of a demolition permit.
(4)
The vacant building registration fee shall be applied by the
Chief Building Official toward the cost of any building permit fees
otherwise owed for work proposed at the building for which the vacant
building registration fee was paid.
I.
The Enforcement Officer shall document any property-specific engineering
reports, written statements from community organizations, other interested
parties or community residents regarding the condition, history, problems,
status or blighting influence of a vacant building.
J.
The Chief Building Official may reduce vacant building fees by up
to 50% under the following circumstances:
(1)
For a specific property if said property has not been the subject
of any enforcement action by any enforcing entity during the shorter
of the previous year or the period of the current owner's ownership
of the vacant building; or
(2)
The Chief Building Official determines that in the interest
of improving compliance with this section, the Chief Building Official
may offer a fee reduction for all registrants for a period of up to
60 days, provided that a notification to the Common Council is provided
by the Chief Building Official or their designee and a reasonable
attempt is made to notify would-be registrants of the fee reduction
and that no fee reduction offer made pursuant to this subsection has
been extended in the previous 30 months; or
(3)
The Chief Building Official may offer a reduction in fees to
all vacant building registrants for a period of up to 180 days after
the date upon which this section became effective, provided that no
such reduced fee period extends past January 1, 2020.
K.
A one-to-three-unit residential vacant building where no code violations
exist and which is unoccupied for less than 90 days is exempt from
registration under either of the following circumstances:
L.
The Chief Building Officer may grant the owner of a single-family
residence a waiver from registration for up to six months if the owner
can provide proof that the building to be left vacant is their primary
residence and the owner occupies the residence at least six months
a year.
The chief building official may grant an exemption from a vacant building registration fee pursuant to § 133-78.3E for a given building upon an application made by the registrant on a form approved by the chief building official in the following instances:
A.
Where the vacant building has no code violations as to the exterior
of the building or property, or interior code violations relating
to plumbing or electrical systems that may have an adverse effect
upon any other person, entity or property, or interior code violations
relating to the structural stability of the building as verified by
the chief building official or their designee or in a written, stamped
letter from a licensed architect or engineer. The chief building official
may grant an exemption under this subsection if code violations discovered
during the registration process are remedied within 60 days of said
violations having been reported to the registrant. Code violations
discovered at the registered building in the year after a fee exemption
under this subsection is granted with respect to the registered building
will constitute a revocation of said exemption retroactive to the
date the building became vacant. An application for an exemption under
this subsection shall have an application fee of $75, which shall
be credited toward any applicable vacant building registration fee.
B.
Where the vacant building is vacant due to fire damage or damage
caused by an extreme weather event for the first 180 days of vacancy
where the owner or their designee applies for permits necessary for
rehabilitation or demolition of the structure. Such fee shall be stayed
for a period up to one year during which time work performed under
the authorization of the permit is in progress.
C.
Where the vacant building has been purchased by a new owner, if a
vacant building registration form is submitted within 180 days of
purchase and permits have been applied for to undergo rehabilitation
work to the vacant building which is necessary to the building becoming
occupied or to demolish the vacant building. This exemption shall
continue for so long as the permitted work continues at the building
but in no case for longer than two years from the date a permit for
said work was issued, at which point liability for the fee will be
deemed to run from the end of one year from the date of issuance of
the permit. If work ceases at the building as evidenced by a failure
to request and pass inspections pursuant to the aforementioned permits
and/or a failure to proceed with work for a period of more than 180
days, the chief building official may revoke this exemption retroactive
to the date the building became vacant.
D.
Where the vacant building is owned by corporate registrants organized
pursuant to and/or subject to § 1408, 1411, or 1600 et seq.,
of New York Not-for-Profit Corporation Law or other lawful not-for-profit
corporations entitled to a federal tax exemption pursuant to 26 U.S.C.
§ 501(c)(3) chartered exclusively for the purpose of providing
housing to low-income individuals and/or rehabilitating and returning
vacant buildings to productive use.
Where an owner or responsible party fails to maintain a vacant building or premises in compliance with any lawful standard, after notice and opportunity to be heard to such owner or responsible party, the chief building official may correct the violation and pursue reimbursement for the cost of abatement under any authority available by law, including, but not limited to, Albany City Code §§ 133-28, 133-29, 231-122, 231-123, 375-5(G)(6)(f), New York State Property Maintenance Code § 108.2, or any other equivalent law or ordinance.
[Amended 3-1-2021 by Ord. No. 21.92.20]
The chief building official shall submit a quarterly report
not later than January 15, April 15, July 15 and October 15 of each
year to the Mayor, Common Council, Planning Board and Historic Resources
Commission containing not less than the following information:
A.
The number of buildings in the City declared vacant in each category set forth in § 133-78.3H under the provisions of this article; and
B.
The number of vacant building registrations filed or annually renewed
with the Department of Buildings and Regulatory Compliance within
each category; and
C.
The number of vacant building registrations in each category set forth in § 133-78.3H by historic district, both by individual district and total for all such districts; and
D.
The number of vacant buildings in each category set forth in § 133-78.3H which have been subject to an emergency demolition or stabilization order in accordance with § 133-55 of this chapter, including the number of such emergency actions by historic district for the reporting quarter and in the preceding quarter, both by individual district and total for all such districts.
Any person violating any provision of the Vacant Building Registry or providing false information to the enforcement officer shall be punished as provided by Chapter 133A of this Code.
