Ordinance Tracking

Property Registration: Maine, New York, Ohio

Written by Ashley Shepherd | Jan 3, 2022 5:17:27 PM

Brewer, ME

The city of Brewer, Maine has enacted a vacant property registration program.  A $750 initial registration fee is required upon vacancy with penalties accrued after 90 days if not reported.  The $750 fee doubles each year of vacancy, and is capped at $6000 per year after the fourth year of vacancy.


Property Registration Ordinance

SECTION 5. APPLICABILITY; LICENSE REQUIRED; RENEWAL; EXPIRATION; RENEWAL LICENSE; TRANSFERABILITY; EXEMPTIONS

License Required. A vacant building license is required for any vacant buildings as defined in this ordinance. Any person carrying on without a vacant building license shall be deemed in violation of this ordinance.

Existing Vacant Buildings as of the Effective Date of this Ordinance [September 15, 2019]. Within 90 days of the Effective Date of this ordinance, all existing vacant buildings shall apply for a vacant building license. Any person that fails to apply for a vacant building license by this deadline shall pay a penalty of $750. This is in addition to the license application fee and penalties for non-compliance with this ordinance.

Vacant Buildings after the Effective Date of this Ordinance [September 15, 2019]. After the Effective Date of this ordinance, any building that becomes a vacant building in the area described above shall apply for a vacant building license. Any person that fails to apply for a vacant building license within 90 days of a building becoming vacant shall pay a penalty of $750. This is in addition to the license application fee and penalties for non-compliance with this ordinance.

License Expiration. All licenses expire 12 months from the effective date of issuance. Renewal License. Application for a renewal license shall be filed prior to the expiration date. A renewal license expires 12 months from the effective date of issuance.

License Non-Transferrable. A vacant building license may only be issued to the owner of a vacant building named on the approved license application. One license may be issued for a vacant building and shall be deemed to cover only such building under that single form of ownership. No transfer of a license is allowed between owners or between buildings. Prior to any purchase, transfer, assignment, or acquisition of a vacant building, a new vacant building license shall be applied for and obtained. The license fee for any new license obtained by virtue of purchase, transfer, assignment, or acquisition of a vacant building shall be computed according to Section 7 of this Ordinance, in which the applicable license fee continues to escalate at two times the prior year fee up to a maximum of $6,000 per year for each additional year the building continues as vacant notwithstanding any change in ownership, property transfers or numbers thereof, or issuance of a new license(s) by virtue of purchase, transfer, assignment, or acquisition.


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Conklin, NY

The town of Conklin, N.Y. has enacted a vacant property registration required within 60 days of first vacancy.  The program will require owners of vacant properties to pay an annual fee of $550.

Property Registration Ordinance 

A LOCAL LAW ENTITLED “CHAPTER 102 ENTITLED PROPERTY, VACANT”

C. Vacant building registration.

(1) The owner of a vacant building will register with the Code Enforcement Office no later than 60 days after any building becomes a "vacant building," as defined above, or not later than 30 days after being notified by the Code Enforcement Officer of the requirement to register. The Code Enforcement Officer may identify vacant buildings through his/her 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. Notice will be served upon, or sent by mail to, the owner and/or any registered property manager. Notice will be deemed received by the owner, property manager, or an occupant, as the case may be, upon personal delivery, or threeday delivery in Broome County or five-day delivery for other locations after service by first-class mail. The Code Enforcement Officer shall post a notice or placard on the property. The Town may also post notices on the Town's website to provide additional notice to the public. However, the Town's failure to post such violations on the Town's website will not constitute a defense to any enforcement proceeding or collection of fines.

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(8) Vacant building registration fees.

(a) The owner of a vacant building will pay a registration fee of $50. The fifty-dollar registration fee is due and payable upon registration; to wit: no later than 30 days after any building becomes a "vacant building," as defined above, or no later than 30 days after being notified by an Enforcement Officer of the requirement to register.

(b) If the building is to remain vacant for four months or is in foreclosure, then the owner will also pay an annual vacant building fee of $500. The five-hundred dollar annual vacant building fee is due and payable together with the fifty-dollar registration fee and on each anniversary thereafter until the building is demolished, rehabilitated or occupied following foreclosure. Such fee may be refundable by an application to the Town Board and upon recommendation of the Code Enforcement Officer and a showing of compliance with Chapters 62 and 63. In a foreclosure situation, if the property is properly secured, maintained and mowed, then in the discretion of the Code Enforcement Officer, some or all of the annual fee may be refunded.

(c) If the building is to be returned to a permitted use, the rehabilitation plan will not exceed 365 days and will include progress benchmarks at least every four months, unless the Code Enforcement Officer grants an extension for good cause shown upon receipt of a written statement from the owner detailing the reasons for the extension. If the rehabilitation has not been completed or extended by the Enforcement Officer, then the owner will pay an annual vacant building fee of $500 until the building is properly demolished or rehabilitated. The five-hundred- dollar annual vacant building fee is payable either on each anniversary of the payment of the fifty-dollar registration fee in Subsection C(8)(a) above or no later than 15 days after being notified by the Code Enforcement Officer that the owner has failed to meet a required benchmark, whichever date is earlier, and on each anniversary thereafter until the building is demolished or rehabilitated.



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Colerain, OH

The Township of Colerain, Ohio has updated its property registration program from two prior ordinances to one.  The program will be enforced through a third-party service provider (ProChamps) and will include a $500 semi-annual fee.  The program requires fees to be paid within 10 days of foreclosure filing or vacancy (the requirement was previously 30 days).

Property Registration Ordinance 

Sec. 5 INSPECTION AND REGISTRATION OF REAL PROPERTY UNDER FORECLOSURE

(c) Within ten (10) days of the date any Mortgagee filesa Foreclosure Action, the Mortgagee shall register the Real Property with the Township Registry, and, at the time of registration, indicate whether the property is Vacant, and if so, shall designate in writing a Property manager to inspect, maintain and secure the Real Property subject to the mortgage under a Foreclosure Action when legally possible. A separate registration is required for each property under a Foreclosure Action, regardless of whether it is occupied or vacant.

(e) At the time of initial registration each registrant shall pay a non-refundable Semi-Annual Registration fee of five hundred dollars ($500.00) for each property. Subsequent non-refundable Semi-Annual renewal registrations of properties and fees in the amount of five hundred dollars ($500.00) are due within ten (10) days of the expiration of the previous registration. Said fees shall be used to offset the costs of: (1) registration and registration enforcement, (2) code enforcement and mitigation related to Defaulted properties, (3) post-closing counseling and Foreclosure intervention limited to Owner-occupied persons in Default, which may not include cash and mortgage modification assistance, and (4) for any related purposes as may be adopted in the policy set forth in this Resolution. Said fees shall be deposited to a special account in the Township’s Department dedicated to the cost of implementation and enforcement of this Resolution, and fulfilling the purpose and intent of this Resolution. None of the funds provided for in this section shall be utilized for the legal defense of Foreclosure Actions.

 

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