HomeMy WebLinkAbout2022 - Local Law No. 5 of 2022 - Vacant Property Law
TOWN OF CORTLANDVILLE
TOWN BOARD MEETING – JULY 6, 2022
FILED WITH THE STATE EFFECTIVE – JULY 12, 2022
RESOLUTION #197 ADOPT LOCAL LAW NO. 5 OF 2022, “A LOCAL LAW
ADOPTING THE TOWN OF CORTLANDVILLE’S VACANT
PROPERTY LAW IN THE TOWN OF CORTLANDVILLE,
NEW YORK”
Motion by Councilman Cobb
Seconded by Councilman Leach
VOTES: Supervisor Williams Aye
Councilman Cobb Aye
Councilman Donlick Aye
Councilman Guido Aye
Councilman Leach Aye
ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a
public hearing to be held by said Board to hear all interested parties on a proposed Local Law, “A
Local Law Adopting the Town of Cortlandville’s Vacant Property Law in the Town of
Cortlandville, New York”, and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official
newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577
Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part
thereof, and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law, now therefore
BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law
as Local Law No. 5 of 2022, “A Local Law Adopting the Town of Cortlandville’s Vacant
Property Law in the Town of Cortlandville, New York”, a copy of which is attached hereto and
made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this
meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the
adoption of said Local Law to the Secretary of State.
BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows:
SECTION 1. TITLE.
This local law shall be known as “A Local Law to Adopt the Vacant Property Law in the
Town of Cortlandville, New York.”
SECTION 2. STATUTORY AUTHORITY.
This Local Law is intended to be consistent with and is enacted by the Town Board of the
Town of Cortlandville pursuant to its authority to adopt laws under the New York State
Constitution, the New York State Municipal Home Rule Law, and the New York State Town
Law. It is intended and is hereby declared to address matters of local concern only and is
intended to act in furtherance of the Town’s authority with respect to existing zoning and land
use laws and its police powers, related to the planning and physical use of real property within
the Town.
SECTION 3. PURPOSE AND INTENT.
This section regulates buildings that remain vacant and are unsightly, unsafe and have a
negative effect on their surroundings. Unfortunately, many buildings, once boarded, remain that
way for many years. The purpose of this chapter is to establish a program for identifying and
registering vacant buildings; to determine the responsibilities of owners of vacant buildings and
structures; to speed the rehabilitation of the vacant properties; and to minimize the adverse
impact(s) on the adjacent and surrounding neighboring properties.
SECTION 4. DEFINITIONS.
As used in this section, the following terms shall have the meanings indicated:
Enforcement Officer: A duly authorized representative of the Code Enforcement Office.
Owner: Those shown to be the owner or owners on the records at the Town of
Cortlandville’s Assessor’s Office, on a vacant building registration form, a mortgagee in
possession, a mortgagor in possession, assignee of rents, receiver, executor, trustee, lessee, other
person, firm or legal entity in control of the premises. Any such person shall have a joint and
several obligation for compliance with the provisions of this chapter and shall be a responsible
party for compliance with the provisions of this law.
Secured: 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 might
allow entry or create an eyesore, and shall be securely locked.
Secured by Other Than Normal Means: A building secured by means other than those
used in the design of the building.
Unoccupied: A building which is not being used for an occupancy authorized by the
owner.
Unsecured: A building or portion of a building which is open to entry by unauthorized
persons without the use of tools or ladders.
Vacant Building: A building or portion of a building which is unoccupied and
unsecured; unoccupied and secured by other than normal means; unoccupied and an unsafe
building as determined by the Code Enforcement Office; unoccupied and has multiple housing or
building code violations; illegally occupied; or unoccupied for a period of time over 180 days,
and not currently listed for sale.
SECTION 5. REGISTRATION REQUIRED.
The owner shall register with the Codes Department not later than 30 days after any
building in the Town becomes a vacant building or not later than 30 days after being notified by
the Code Enforcement Office of the requirement to register. The Codes Department may identify
vacant buildings through its routine inspection process as well as through notification by
residents, neighborhood associations and other community groups that a building may be eligible
for inclusion on the registry.
SECTION 6. REGISTRATION INFORMATION.
The registration shall be submitted on forms provided by the Code Enforcement Office
and shall include the following information supplied by the owner:
1. Description of the premises, including tax map number and property mailing address;
2. The names, mailing addresses, e-mail addresses, and telephone numbers of the owner or
owners;
3. The names, mailing addresses, e-mail addresses, and telephone numbers of any third
party with whom the owner has entered into a contract or agreement for property
management within a twenty-five-mile radius of the City of Cortland;
4. The names, mailing address, email address and telephone number of all known lien
holders, and all other parties with an ownership interest in the building;
5. A telephone number where a responsible party can be reached at all times during business
and non-business hours; and
6. A vacant building plan as described in Section 7.
SECTION 7. VACANT BUILDING PLAN.
The owner shall submit a vacant building plan which must meet the approval of the
Enforcement Officer. The plan, at a minimum, must contain information from one of the
following three choices for the property:
1. If the building is to be demolished, a demolition plan including the proposed time frame
for demolition.
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 is required. The rehabilitation plan shall not exceed 365 days, unless the
Enforcement Officer grants an extension upon receipt of a written statement from the
owner detailing the reasons for the extension.
Any repairs, improvements, alterations to or demolition of the property must comply with
any applicable zoning, housing, historic preservation or building codes and must be secured as
per local code, if applicable, during the rehabilitation. All expenditures necessary to comply
with this law is at the expense of the owner.
SECTION 8. CHANGES TO THE VACANT BUILDING PLAN.
All applicable laws and codes shall be complied with by the owner. 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. 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
Enforcement Officer.
SECTION 9. ALL VACANT BUILDINGS MUST BE SECURED.
All vacant buildings must be secured as defined in Section 4. Any vacant building that is
not so secured shall be promptly physically secured, meaning that all means of ingress and egress
at all floor levels shall be covered over so as to ensure the continued security of the building and
to reduce the negative impact on the neighborhood. The method of physically securing a vacant
building shall be proposed in writing and approved by the Code Enforcement Officer.
When it is required by this chapter that a building be physically secured, it shall be the
responsibility of the owner to have the electric, water, and gas service, if any, shut off from the
building by contacting the power provider's customer service. Service may not be reconnected
until repair and rehabilitation work or occupancy actually commences.
SECTION 10. MAINTENANCE OF ALL VACANT BUILDINGS.
In addition to securing the building required in Section 8, the following minimum
requirements shall be met for all vacant buildings:
1. The roof shall be structurally sound and weather tight;
2. 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 weather tight;
3. The grounds surrounding the building shall be cleared and kept cleared of all litter,
rubble, debris, trash and junk and of all grass or weeds in excess of six inches in height;
and
4. 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.
SECTION 11. INSPECTIONS.
The Codes Department shall examine or cause to be examined annually every vacant
commercial building as a Fire and Safety inspection, and the exterior of every vacant residential
building. Upon such inspection, if deemed unsafe, a follow up site visit will be required and
scheduled for a review by a competent design professional currently licensed by New York
State, at the owner’s expense, for reviewing the structural, mechanical, interior and exterior
portions of the property. Whenever the Code Enforcement Office shall find a vacant building,
structure, or a portion thereof to be an unsafe, they shall give the owner, agent or person in
control of such building or structure written notice stating the defects thereof.
In conjunction with the professional designer and the Codes Department, a determination
shall be made for the owner to comply with the Vacant Building Plan in Section 7.
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 their 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 their constitutional right to refuse entry without
same.
SECTION 12. VACANT BUILDING REGISTRATION FEES.
The owner of a vacant building shall pay an annual fee of $500 for residential buildings
and $1,000 for commercial building for the period the building remains a vacant building.
SECTION 13. VACANT PLACARDING.
After a structure has been deemed vacant pursuant to this Town of Cortlandville’s Vacant
Property Law, the property shall be posted with information for interested parties.
Additionally, if there are code violations or the property is deemed unsafe by the Town
Building Code Department, the property will also be placarded with a red box with a white “X”
to alert the public that the building is unsafe.
SECTION 14. CONTACT TOWN BUILDING CODE DEPARTMENT.
Once a building has been deemed vacant, the property owner or agent shall contact the
Town of Cortlandville Building Code Department before any work is performed on the structure.
The Building Code Department can be reached by phone at (607) 756-7490 or in person at the
Raymond G. Thorpe Municipal Building at 3577 Terrace Road.
SECTION 15. PENALTIES FOR OFFENSES.
Anyone violating any of the provisions of this chapter shall, upon conviction thereof, be
punishable by a fine of not more than $250 or by imprisonment for a term of not more than 15
days, or by both such fine and imprisonment.
SECTION 16. SEVERABILITY.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder hereof, but shall be confined in operation to the clause, sentence,
paragraph, section or part hereof directly involved in the controversy in which such
determination shall have been rendered.
SECTION 17. EFFECTIVE DATE.
This Local Law shall be effective upon its filing with the Secretary of State in accordance
with the Municipal Home Rule Law, and shall apply to all vacant properties existing at the time
of the effective date.