[Added 5-12-1975 by Ord. No. 16752]
The owner of a building or structure, or part
thereof, shall, at all times, maintain and keep the same in good repair
and in a healthy, safe, secure and usable condition. A building or
structure, or a part thereof, that may be or shall, at any time, become
in disrepair, unsafe, unhealthy, insecure or unusable is an unsafe
or dangerous structure and a nuisance and shall, unless placed into
good repair and made safe, healthy, secure and usable, be removed
by the owner.
[Amended 8-20-1990 by Ord. No. 90-66]
A.
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 a good state of repair,
without any broken glass or other damage that may allow entry or create
an eyesore, and shall be securely locked. Any building not so secured
shall be promptly boarded up, such that all means of ingress and egress
shall be covered as specified hereinafter, so as to ensure that continued
security of the building and to reduce the negative impact on the
neighborhood.
B.
The following minimum standards shall be adhered to
unless another equivalent system is proposed in writing and approved
by the Building Inspector or his duly appointed representative:
(1)
Exterior-grade plywood, 1/2 inch in thickness or greater, shall
be used for boarding material. All boarding material shall be cut
to fit neatly into each means of ingress and egress such that it covers
each opening in its entirety but does not overlap onto the adjacent
exterior wall surface. All boarding shall be secured from the interior
by no less than two two-inch-by-four-inch, or greater, studs mounted
horizontally 1/4 the distance from the top and bottom across the span
of the opening and shall exceed the opening on either side by no less
than four inches. Fasteners shall be three-eighths-inch, minimum,
carriage bolts with appropriate nut washer, and lock washers shall
be used and placed four inches from either inside opening and shall
be tightened so as to ensure that the board cannot allow prying material
to be effective. In the event that the door contains a glass or wood
panel less than 1/2 inch thick, it shall be entirely covered with
boarding material. The door shall be secured with at least two keyed
locks, and all hinges shall have concealed fastenings. All boarding
material shall be finished on the exterior with one coat of primer
and two coats of exterior-grade paint. The color of the boarding material
shall be consistent with all board-ups as charcoal grey.
[Amended 5-14-2012 by Ord. No. 2012-07]
(2)
The building shall contain adequate ventilation
to prevent the accumulation of moisture which may deteriorate the
finishes and/or the structure. Adequate ventilation shall be deemed
to be a minimum of two louvered and secured ventilation openings,
each having an opening side of at least 144 square inches, and placed
on opposite walls of the building at the uppermost floor level. All
interior doors at all floor levels shall be left open in order to
allow circulation of air. In the event that the circulation of air
on all floor levels is not possible using two vents, additional vents
shall be installed to achieve such circulation.
(3)
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.
(4)
The grounds surrounding the building shall be
cleared and kept cleared of all litter, rubbish, debris, trash and
junk and of all grass or weeds in excess of six inches in height.
(5)
When it is required by this section that a building
be registered as a vacant building, it shall be the responsibility
of the owner to have the electric and gas service, if any, temporarily
shut off from the building by contacting Niagara Mohawk Power Corporation,
Customer Service. Service may not be reconnected until repair and
rehabilitation work or occupancy actually commences.
[Amended 12-14-2020 by Ord. No. 2020-14]
(6)
All plumbing and heating systems that contain
water shall be completely drained and kept empty between October 15
and April 15, and an antifreeze solution shall be added to all plumbing
traps in the building. This shall not apply if the building is adequately
heated during that time period.
(7)
The owner shall arrange to provide access to
the interior of the building by representatives of the Bureau of Code
Enforcement to inspect for compliance with the requirements above
that pertain to the interior.[1]
[1]
Editor's Note: Former Subsection B(8), regarding required
signage, added 2-13-1995 by Ord. No. 95-05, was repealed 12-14-2020 by Ord. No.
2020-14.
C.
In addition to securing or boarding up the building
in the aforementioned manner, the Building Inspector is authorized
to promulgate additional rules and regulations pertaining to the minimum
requirements of securing a building.
Notwithstanding the availability of other remedies
for enforcement of the provisions contained in the Housing Code, Building
Code, Plumbing Code, Fire Prevention Code and Zoning Ordinance of
the City of Schenectady and in any other state or local law, ordinance
or regulation, where applicable, the remedies and enforcement procedures
as set forth in this article are made available to enforce the provisions
of the aforesaid enumerated codes and laws and shall be deemed cumulative
to other enforcement procedures and remedies.
A.
Notwithstanding the powers of the Fire Chief and other
officers to enforce the provisions of the Fire Prevention Code as
set forth in that code and notwithstanding the powers of the Building
Inspector to enforce the provisions of the Zoning Ordinance,[1] the Plumbing Code, the Building Code and the Housing Code,
as set forth in those ordinances, the provisions of this article,
for the enforcement of Housing Code, Building Code, Plumbing Code,
Fire Prevention Code and Zoning Ordinance of the City of Schenectady
and of any other state or local law, ordinance or regulation enforced
by the Bureau of Code Enforcement of the City of Schenectady, shall
be enforced by the Building Inspector of the City of Schenectady or
his legally designated representatives, hereinafter referred to as
the "Bureau."
[Amended 4-11-1994 by Ord. No. 94-10; 5-23-1994 by L.L. No. 5-1994]
B.
The Bureau, in enforcing the provisions of the Housing
Code, Building Code, Plumbing Code, Fire Prevention Code and Zoning
Ordinance of the City of Schenectady and of any other state or local
law, ordinance or regulation pursuant to this article, shall have
the power to enter, examine and inspect or cause to be examined and
inspected and to investigate or cause to be investigated vacant lots,
yards, courts and buildings in this City to determine which are in
violation of any City ordinance and/or threaten the safety, health,
comfort and general welfare of the inhabitants of the City.
A.
The term "nuisance" shall be held to embrace whatever
is dangerous to human life or detrimental to health, safety or welfare
and shall include, but not be limited to:
(1)
A public nuisance as known in common law, statutory
law and in equity jurisprudence.
(2)
A building, structure, one-family dwelling, two-family
dwelling, multiple dwelling, rooming house, commercial building, industrial
building, storage building or vacant areas, or any combination thereof,
that is in violation of either the Housing Code, Building Code, Plumbing
Code, Fire Prevention Code and Zoning Ordinance of the City of Schenectady
or in violation of any other state or local law, ordinance or regulation.
(3)
Unoccupied hazards.
[Amended 8-20-1990 by Ord. No. 90-63]
(a)
An unoccupied hazard, which is defined as any
building or part thereof which remains unoccupied for a period of
more than three months, with doors, windows or other openings broken
or removed, or any building under construction or major alteration
upon which no work has been performed for a period of more than three
months.
[Amended 12-14-2020 by Ord. No. 2020-14]
(b)
The Building Inspector shall examine or cause to be examined every building reported as an unoccupied hazard, as defined in this section, and shall make a written record of each such examination. He shall have inspected once a month, or as frequently as is deemed necessary, all unoccupied hazards so as to ensure that they are properly secured or boarded up and maintained as provided in § 167-51.1 of this chapter.
B.
All such nuisances are hereby declared to be unlawful.
A.
Notice of nuisance or violation.
(1)
Whenever the Bureau shall declare that a building
or vacant area is a nuisance or is in violation of either the Housing
Code, Building Code, Plumbing Code, Fire Prevention Code and Zoning
Ordinance of the City or of any other state or local law, ordinance
or regulation enforced by the Bureau, it shall serve or cause to be
served upon the owner and/or all other persons having an interest
in such property or structure, either personally or by registered
or certified mail, return receipt requested, addressed to his or their
last known address or addresses, as shown by the Treasurer's office
and/or in the office of the County Clerk, a notice containing a description
of the premises, a statement of the particulars specifying in what
respect the building or vacant area is a nuisance or in violation
of either the Housing Code, Plumbing Code, Fire Prevention Code and
Zoning Ordinance of the City or of any other state or local law, ordinance
or regulation enforced by the Bureau and requiring the owner to remove
such nuisance or violation within 30 days after service of such notice
or order or such lesser period of time where an emergency exists,
as may be determined by the Bureau. The Bureau shall cause a copy
of such notice to be posted on the premises involved.
(2)
The notice of nuisance or other violation shall state
further that the City will cause the repair or removal of the nuisance
or violation by cleansing, repairing, vacating, demolishing or taking
such corrective action deemed necessary in the event that the owner
fails or refuses to repair or remove the same within the time provided,
unless the hearing findings prescribe some other time limitation or
revoke the order contained in the notice of nuisance or other violation.
The notice shall state that the assessment of all costs and expenses
incurred by the City in connection with the proceedings under this
section to repair or remove such structure or parts thereof, including,
but not limited to, the cost of ascertaining the identity of the owner
and other interested parties and of actually repairing or removing
the structure, shall be made against the land on which such structure
is located and/or collected by an action at law.
(3)
A copy of the notice of nuisance or other violation
may be filed in the office of the County Clerk of Schenectady County,
which notice shall be filed by such Clerk in the same manner as a
notice of pendency, pursuant to Article 65 of the Civil Practice Law
and Rules, and shall have the same effect as a notice of pendency
as therein provided, except as otherwise hereinafter provided in this
subsection. A notice so filed shall be effective for a period of one
year from the date of filing; provided, however, that it may be vacated
upon the order of a Judge or Justice of a court of record or upon
the consent of the Corporation Counsel. The Clerk of Schenectady County
shall mark such notice and any record upon the presentation and filing
of such consent or of a certified copy of such order.
B.
Administrative hearing.
[Amended 3-15-1993 by Ord. No. 93-13; 4-11-1994 by Ord. No. 94-10; 5-23-1994 by L.L. No. 5-1994]
(1)
Whenever such a thirty-day notice or order is served,
the owner may, within 15 days after such service, request a hearing
before the head of the Bureau or the Housing Standards Review Board,
and a hearing shall be given such owner prior to the expiration of
the period for compliance so prescribed.
(2)
The hearing which is conducted shall be to review
the determination of a nuisance or violation made by the Bureau. The
owner and other interested parties may be represented by counsel.
The owner or other interested parties, or their counsel, may cross-examine
the witnesses for the Bureau, present evidence and call witness in
their behalf. The rules of evidence prevailing in a court of record
shall not be controlling in hearings held pursuant to this section.
C.
When nuisance or violation not removed.
(1)
If such nuisance or violation is not removed by the
owner within the time heretofore prescribed after service of such
notice or order, the Bureau may proceed with the removal of such nuisance
or violation, as provided in the notice or order, or may cause the
same to be done. If the removal of the nuisance or violation requires
the demolition of said building or part of said building, the Corporation
Counsel shall present the records and papers of all prior proceedings
and hearings, if any, upon which the Bureau's determination and notice
and order are based to a Justice holding a special term of the Supreme
Court for the County of Schenectady for review of said determination
and confirmation thereof, at which time the court may either annul
or confirm, wholly or partly, or modify the determination reviewed.
(2)
If the owner interferes in any way with or causes
delay to the taking of corrective action by the City, the Bureau may
cause such building, in whole or in part, to be vacated and demolished
but, in such case, the Bureau shall commence a proceeding or action
in the Supreme Court for such relief in the manner prescribed by Article
63 of the Civil Practice Law and Rules. During the pendency of such
proceeding, the Bureau may obtain a temporary order for the immediate
vacating of such building upon proof of a present danger to human
life or detriment to health.
(3)
If the owner interferes in any way with or causes
delay to the taking of corrective action by the City, the Bureau may
commence a proceeding or action in the Supreme Court to restrain such
interference or delay.
D.
When removal of nuisance or violation ordered.
(1)
If the Bureau proceeds to execute a notice or order
issued by it or by the court for the removal of a nuisance or violation,
the Bureau may let contracts therefor. The cost of executing such
notice or order or orders, whether or not carried out pursuant to
court order, may be met from any appropriations made therefor or,
if such appropriation has not been made or is insufficient, from the
proceeds of the sale of obligations pursuant to law. The Bureau shall
keep a record of such notices and orders, together with the acts done
and items of cost incurred in their execution.
(2)
The cost of executing such notice or order or orders
for the removal of a nuisance or violation shall be assessed to the
owner in the manner prescribed by the Charter and ordinances of the
City of Schenectady.
(3)
Notwithstanding the foregoing and in addition to any
other remedy available, the Bureau may maintain an action against
the owner to recover the cost of executing such notice or order or
orders.
(4)
The term "owner," as used in this article, shall be as defined in § 167-6.
[Amended 5-20-1996 by Ord. No. 96-32; 12-14-2020 by Ord. No. 2020-14]
(5)
The term "person," as used in this article, shall
include the owner, occupant, mortgagee (subject to NYS Real Property
Actions and Proceedings Law § 1308) or vendee in possession,
operator, assignee of rents, receiver, executor, trustee, lessee or
agent.
[Amended 12-14-2020 by Ord. No. 2020-14]
E.
Emergency work. Nothing contained in this subsection
shall be construed as preventing the Bureau from proceeding in case
of conditions which constitute an emergency.
(1)
In case there shall be, in the opinion of the Bureau,
actual and immediate danger of the falling of any part of a structure
so as to endanger public safety, life or property, or actual and immediate
menace to health or public welfare as a result of conditions present
in or about a structure, the necessary work shall be done to render
such structure or parts of structures temporarily safe.
(2)
When, in the opinion of the Bureau, a complete structure,
or parts thereof, presents an actual and immediate danger to public
safety, life or property, such structure shall be demolished and the
resulting debris shall be removed, only if such procedure as outlined
in this chapter cannot be followed because of the immediate danger
or menace defined above.
(3)
When emergency work ordered by the Bureau requires the immediate total demolition of a structure or parts thereof, cited in Subsection E(2) above, a notice of emergency demolition shall be published in an authorized newspaper for three consecutive days informing any and all persons, corporations and agents having a possible vested interest in subject structure of the existence of the emergency and that said structure is being demolished in the interest of public health and safety.
[Added 11-22-2010 by Ord. No. 2010-18]
A.
Registration required.
[Amended 6-12-2017 by Ord. No. 2017-06 ; 9-10-2018 by Ord. No. 2018-10; 12-14-2020 by Ord. No. 2020-14]
(1)
The owner shall register with the Bureau of Code Enforcement not
later than 30 days after any building in the City becomes a vacant
building or not later than 30 days after being notified by the Bureau
of Code Enforcement of the requirement to register. Failure to receive
notice from the municipality shall not constitute grounds for failing
to register the property. The Department may identify vacant buildings
through its routine inspection process, referrals from other City
Departments, as well as through notification by residents, neighborhood
associations and other community groups that a building may be eligible
for inclusion on the registry. The owner shall renew said registration
on an annual basis until the building is no longer vacant, as defined
herein.
(2)
At the time of registration, the owner of such building shall schedule
an interior inspection of the property in its entirety with the Bureau
of Code Enforcement, and this inspection must be conducted within
14 days of said registration. The interior inspection will be conducted
a minimum of one time per year or when deemed necessary by the Building
Inspector, until the building is no longer vacant.
(3)
An owner shall have all utilities turned off (electric, natural gas
and water) and provide the Bureau of Code Enforcement with documented
proof. 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.
(4)
An owner shall winterize said vacant 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.
(5)
The registration shall be submitted on forms provided by the Bureau
of Code Enforcement and shall include the following information supplied
by the owner:
(a)
A description of the premises, including address and tax map
identification (section, block and lot) number.
(b)
The names and addresses of the owner or owners, including, if
applicable, corporate officers, limited liability company members,
and partners. Documentation showing interest in or title to said property
shall be required.
(c)
If the owner does not reside in Schenectady County, the name
and address of any third party with whom the owner has entered into
a contract or agreement for property management.
(d)
The names and addresses of all known lienholders and all other
parties with an ownership interest in the property. A statement indicating
whether the property is the subject of any mortgage foreclosure shall
be required.
(e)
A telephone number and, if applicable, an email address where
an owner or owners, president or CEO of the corporate entity or property
manager can be reached at all times during business and nonbusiness
hours.
(6)
The owner shall submit a vacant building plan which must meet the
approval of the Building Inspector or duly appointed representative.
The plan, at a minimum, must contain information detailing one of
the following three choices for the property:
(a)
If the building is to be demolished, a demolition plan indicating
the proposed time frame for demolition, not to exceed 180 days from
the date the vacant building plan is submitted to the City, an affidavit
on a form prescribed by the City and executed by the owner that the
owner will assume all costs associated with the demolition, and a
performance guaranty.
(b)
If the building is to remain vacant, a plan for the securing of the building in accordance with standards provided in § 167-51.1, if applicable, along with the procedure that will be used to maintain the property in accordance with Chapters 138, 161, 167, 228, and 258 and a statement of the reasons why the building will be left vacant.
(c)
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 Building Inspector grants an extension in writing upon receipt of a written statement from the owner detailing the reasons to justify the extension. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation or building codes and must be secured in accordance with § 167-51.1, if applicable, during the rehabilitation.
(7)
The Building Inspector may provide the owner with a written referral
to the Department of Development and Planning for information outlining
programs available which may be useful in developing the owner's
rehabilitation plan.
(8)
All applicable laws and codes shall be complied with by the owner.
The owner shall notify the Bureau of Code Enforcement of any changes
in information supplied as 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 written approval of the Building Inspector.
(9)
The owner and subsequent owners shall keep the building secured and safe and the building and grounds properly maintained as provided in the vacant building plan, as prescribed in § 167-56A(6) hereinabove.
(10)
Failure of the owner or any subsequent owners to maintain the
building and premises that results in remedial action taken by the
City shall be grounds for revocation of the approved plan and shall
be subject to any applicable penalties provided by the law.
(11)
Any subsequent owners shall register or reregister the vacant
building with the Bureau of Code Enforcement within 30 days of any
transfer of an ownership interest in a vacant building. The new owners
shall comply with the approved plan and timetable submitted by the
previous owner until any proposed changes are submitted in writing
to the Bureau of Code Enforcement and meet the written approval of
the Bureau of Code Enforcement. Each renewal shall also include proof
that a fire inspection has been conducted on the premises within 90
days prior to the filing of the renewal.
(12)
Vacant building fees.
(a)
The owner of a vacant building shall pay an annual fee as set forth in Subsection A(12)(b) for the period the building remains a vacant building. The fee shall be reasonably related to the administrative costs for registering and processing the vacant building owner registration form and for the costs of the City in monitoring and inspecting the vacant building site, as well as any additional maintenance the owner does not undertake. The sale or transfer of a vacant building shall not reset the annual fee due by any subsequent owner.
(b)
The first-year annual fee shall be $2,500 in addition to a monitoring fee which shall be set by the Mayor and based on the actual cost of any monitoring service which is selected by the Mayor for use, and shall be paid no later than 30 days after the building becomes vacant. If the fee is not paid within 30 days of being due, the owner shall be subject to prosecution as prescribed in § 167-15. If the plan is extended beyond 365 days, subsequent annual fees shall be paid as follows:
[1]
For the second year that the building remains vacant: $3,000 plus the monitoring fee specified in Subsection A(12)(b);
[2]
For the third year that the building remains vacant: $3,500 plus the monitoring fee specified in Subsection A(12)(b);
[3]
For the fourth year that the building remains vacant: $5,000 plus the monitoring fee specified in Subsection A(12)(b); and
[4]
For the fifth and each succeeding year that the building remains vacant: $5,500 plus the monitoring fee specified in Subsection A(12)(b).
[5]
In cases of extreme hardship, property owners should contact
the Corporation Counsel's office and/or a City Councilmember.
(c)
The annual and monitoring fee shall be paid in full prior to
the issuance of any building permits, with the exception of a demolition
permit. The fee shall be prorated, and a refund may be issued if the
building is no longer deemed vacant under the provisions of this section
within 180 days of its registration.
(d)
No vacant building registration shall be deemed filed unless
the annual and monitoring fees have been paid.
(13)
The Enforcement Officer shall include in the file any property-specific
written statements from community organizations, other interested
parties or citizens regarding the history, problems, status or blighting
influence of a vacant building.
B.
The Building Inspector, upon written request of the owner, may grant
an exemption from the vacant building registration fee for a given
building based on the following circumstances:
[Amended 12-14-2020 by Ord. No. 2020-14]
(1)
Where a building which has suffered fire damage or damage caused
by extreme weather conditions, the property owner 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 Bureau of Code Enforcement.
(2)
Where all of the following are present:
(a)
The vacant building has been purchased by a new owner;
(b)
Within 60 days of purchase a completed vacant building registration
form is submitted, as required by this section; and
(c)
Within 60 days of purchase all necessary permits have been obtained
to rehabilitate the vacant building in order for the vacant building
to be occupied or demolished.
This exemption shall continue for so long as the permitted work
continues on the vacant building, but in no case shall the exemption
continue for longer than one year from the date that the vacant building
registration form is submitted, at which point liability for the annual
and monitoring fees will be deemed to run from the end of one year
from the date of submission of the vacant building registration form.
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 Building Inspector may revoke this exemption retroactive to the
date the building became vacant.
(3)
Where a vacant building has no exterior code violations and no interior
code violations relating to electrical, plumbing, and structural components
as verified by the Building Inspector or his designee. The Building
Inspector may grant an exemption from the vacant building registration
fees if any and all violations are remedied within 60 days of notice.
This request for exemption shall be made in writing to the Bureau
of Code Enforcement.
C.
Inspections. The Bureau of Code Enforcement shall inspect any premises
in the City for the purpose of enforcing and assuring compliance with
the provisions of this section. Upon the request of the Enforcement
Officer, an owner may provide access to all interior portions of an
unoccupied building in order to permit a complete inspection. Nothing
contained herein, however, shall diminish the owner's right to insist
upon the procurement of a search warrant from a court of competent
jurisdiction by the Enforcement Officer or his or her designee in
order to enable such inspection, and the Enforcement Officer shall
be required to obtain a search warrant whenever an owner refuses to
permit a warrantless inspection of the premises after having been
advised of his or her constitutional right to refuse entry without
same.
D.
Quarterly reports. The Bureau of Code Enforcement shall submit a
quarterly report not later than January 15, April 15, July 15 and
October 15 of each year to the Mayor and City Council listing all
buildings in the City declared vacant under the provisions of this
section, the date upon which they were declared vacant and whether
a vacant building registration and vacant building plan has been filed
for the building. The report shall additionally include a list of
all previously declared vacant buildings which are no longer subject
to the provisions of this section.
E.
Penalty. Any owner violating any provision of the Vacant Building Registry or providing false information to the City regarding the Vacant Building Registry shall be a violation of this chapter and shall be punishable pursuant to Article II, Administration; § 167-15, Penalties for offenses.
[Amended 12-14-2020 by Ord. No. 2020-14]
