City of Rome Code enforcement department

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Herbert Blankenship
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1 City of Rome Code Enforcement Department

2 CURRENT STRUCTURE -VACANT SURVEY AND INVENTORY- ROME CODES ENFORCEMENT ABANDONED PRIVATE OWNED ABANDONED BANK OWNED TAX FORECLOSED LEGAL VACANT DISTRESSED LEGAL VACANT DISTRESSED ZOMBIE STABILIZATION BY CITY MAINTENANCE CODE ENFORCEMENT HEARING DONATION TO THE CITY ROME CITY COUNCIL APPROVAL CITY OF ROME REAL COMMITEE MAINTENANCE AGREEMENT COURT ACTION REHABILITATION AGREEMENT WITH VETTED APPLICANT DEMOLITION STABILIZATION BY OWNER FINES DEMOLITION RESTORATION DEMOLITION RESTORATION DEED TRANSFER TO APPLICANT

7 Property Maintenance PROACTIVE Enforce Codes as Described in the Property Maintenance Code of New York State.

8 115 Sixth St. - Before

9 115 Sixth St. - After

10 7089 Taft Ave - Before

11 7089 Taft Ave - After

12 625 Roosevelt Ave - Before

13 625 Roosevelt Ave - After

14 105 East Bloomfield St. - Before

15 105 East Bloomfield St. - After

16 913 North James St. - Before

17 913 North James St. - After

18 Zombie Law Highlights A property shall be considered vacant or abandoned when; 1.At least 3 monthly payments are past due on the mortgage loan or the Mortgagor has informed the Mortgagee in writing that they do not intend to occupy the property in the future. 2.There is a responsible basis to believe the property is not occupied. This belief is based on two or more inspections of the property at least 30 days apart wherein evidence of abandonment is present. Evidence of abandonment may include; 1. Overgrowth or dead vegetation 2. Accumulation of newspapers, flyers or mail 3. Past due utility notices and disconnected utilities 4. Accumulation of debris and trash refuse 5. Absence of window coverings 6. One or more broken windows 7. The property is unsecure and open to casual entry or trespass 8. The property has a building or structure that appears structurally unsound or hazardous. A mortgage company shall conduct inspections of the property at least once every 30 days commencing no later than 7 days after which two mortgage payments are past due on a property.

19 Zombie Law Highlights A building shall not be deemed vacant and abandoned when; 1.An unoccupied building is undergoing construction or rehabilitation that is proceeding toward completion. 2.A building that is occupied on a seasonal basis and otherwise secure. 3.A building that is secure but subject to a probate action or other ownership dispute. 4. A building occupied by the Mortgagor or a lawful tenant When a property has been determined to be vacant and abandoned, the Mortgagee shall have the right to peacefully enter the property for the limited purpose of inspections, repairs, and maintenance. If the property is still occupied by the tenant lawfully in possession, a 7 day notice shall be given to the tenant. For the purposes of the new law maintaining shall mean keeping the property in a manner consistent with the standards set forth in certain sections of the NYS Property Maintenance Code.

20 Zombie Law Highlights Statewide Vacant and Abandoned Property Electronic Registry Highlights Where a Mortgagor is 3 months past due on a mortgage loan, the Mortgagee shall provide written notice to the Mortgagor stating that the Mortgagor has the right to occupy the property until they receive a court order to leave the property. Such notice shall be provided to the Mortgagor within 15 days of the date that the homeowners account is past due by 90 days. A copy of this notice shall be sent to the NYS Attorney General. The NYS Attorney General shall maintain a statewide registry, and upon written request, provide appropriate officials of any municipality access to the information for the purposes of enforcement. The Mortgagee shall submit property specific information to the AG and amend the information within 30 days of a change. The NYS Department of Financial Services will maintain a toll free hotline for neighbors of a real property that is, or appears to be, vacant and abandoned. The NYS Zombie hotline phone number is (M-F, 8:30am to 4:30pm excluding holidays)

21 Penalty for non-compliance Zombie Law Highlights Whenever a Mortgagee is in violation of any provision of the law, an application may be made by the Attorney General to court and issue subpoenas. Whenever the Court determines that a violation by a Mortgagee has occurred, the Court may impose a civil penalty of up to $ per day for each day the violation persisted in addition to the costs of maintain the property.

22 PROPOSED STRUCTURE - VACANT SURVEY AND INVENTORY- ROME CODES ENFORCEMENT OFFICE ABANDONED PRIVATE OWNED ABANDONED BANK OWNED TAX FORECLOSED LEGAL VACANT DISTRESSED LEGAL VACANT DISTRESSED NYS ATTORNEY GENERAL STABILIZATION BY CITY HOP/MAP OUTREACH MAINTENANCE CODE ENFORCEMENT HEARING HOP/MAP OUTREACH MAIN STREETS (501C3) BLIGHT TASK FORCE HEARING WITH OWNER HOP/MAP OUTREACH DONATION TO THE CITY ROME CITY COUNCIL APPROVAL CITY OF ROME REAL COMMITEE MAINTENANCE AGREEMENT COURT ACTION DONATION TO OR PURCHASE BY THE LAND BANK REHABILITATION AGREEMENT WITH VETTED APPLICANT DEMOLITION STABILIZATION BY OWNER FINES STABILIZATION RESTORATION DEMOLITION DEMOLITION RESTORATION DEMOLITION RESTORATION SALE OF DEED TRANSFER TO APPLICANT

23 Q & A

Distressed & Abandoned Properties: Understanding New York s New Zombie Property Law

Distressed & Abandoned Properties: Understanding New York s New Zombie Property Law NYS Bar Association Local & State Government Law Section January 26, 2017 Presented by Wade Beltramo New York Conference