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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.