At a glance
The Legal Committee met Thursday evening to review three local laws: updated parking violation penalties, revisions to the vacant buildings code, and changes to the demolition ordinance. The parking penalties local law requires code updates to match the fee schedule approved earlier by finance and the full council. The vacant buildings and demolition laws reorder provisions to prioritize rehabilitation over demolition, clarify liability, and raise insurance requirements and fines. A resident asked for an update on the Mill Street Lofts lawsuit; the council president said she is waiting to schedule a meeting with the attorney handling the litigation before taking action.
Parking Violations Local Law
The committee reviewed a local law to update parking violation penalties in the city code. The penalties are not part of the fee schedule and require a code update and local law. The city attorney noted some improper parking categories and said he would link the penalties back to Article 4 of the code.
Key points
- The parking penalties were previously reviewed by finance and the full council, but require a local law because they are in the code, not the fee schedule.
- The city attorney revised the original draft to correctly identify the legal authority for the penalties.
- Improper parking includes parking over the line, in the wrong direction, too far from the curb, and not parallel parking where required.
- The penalty escalates from the initial fine to double after 30 days, triple after 60 days, and quadruple after 91 days or more.
- At 120 days, unpaid tickets are sent to collections.
- The city attorney will add more language from Article 4 to link the penalties to specific prohibitions in the code.
The local law will be finalized and placed on council desks Monday for the informal meeting, with Article 4 references added.
Vacant Buildings Code Revisions
The committee reviewed revisions to the vacant buildings code. The main change reorders the priorities so that returning a building to occupancy is listed first and demolition is the last resort. The city attorney fixed section references and rewrote the definition of secured by other than normal means.
Key points
- The code enforcement officer wanted demolition listed as the last option rather than the first.
- The reordering does not legally compel anyone but gives a priority order: return to occupancy first, demolition last.
- The new language states that if a building cannot reasonably be rehabilitated or is beyond economically feasible repair, demolition may proceed.
- The city attorney rewrote the definition of secured by other than normal means to list specific things (chains, padlocks, plywood) rather than reference the building's original design, which cannot be proven in court.
- Social security numbers were removed from the registration requirements.
- The address of the vacant building was added to the registration form.
Investment Properties Question
A councilmember asked the city attorney about properties purchased for pure investment and left vacant, which she said disrupts neighborhoods and affects housing costs. The city attorney said there is probably not much the city can do if the building is maintained to code.
Key points
- The councilmember said some properties are purchased by funds or corporations and never rented or improved, just held.
- The city attorney speculated they may be waiting for the market to rise without putting money into repairs or management.
- The city attorney said if the building is maintained according to the property maintenance code and building code, a property owner has the right to keep it vacant.
- If a building code violation occurs, the vacant buildings code applies.
- The city attorney said he did not think New York law lets a municipality restrict this on its own.
Demolition Code Revisions
The committee reviewed a local law revising the demolition code. The main changes clarify that the owner or contractor doing the demolition is liable for damage to adjacent properties, raise insurance requirements, give the building inspector more discretion on hazardous materials, and increase fines.
Key points
- The current code incorrectly held the owner of an adjacent property responsible if the demolition next door damaged their property. The new code places liability on the owner or contractor doing the demolition.
- The city attorney made the legal burden clear: the owner is ultimately responsible for financial liability.
- Insurance requirements were raised to $1 million, $2 million, and $1 million, in line with typical requirements.
- The building inspector can now require reports, investigations, or actions on lead, asbestos, and toxic substances before issuing a permit.
- The fine for demolishing without a permit was raised from $250 to $5,000. A councilmember questioned whether this was high enough to deter demolition.
- The city attorney said he would research caps under New York State law and report back.
The city attorney will research whether New York State law caps demolition fines. If no cap exists, the council may revisit the penalty amount in the future.
The council president said the city currently has a number of demolition permit requests and this code update is a priority for the code enforcement officer.
Mill Street Lofts Lawsuit Update
A resident asked for an update on the Mill Street Lofts project and whether the council plans to act on draft resolutions he provided. The council president said she is trying to schedule a meeting with the attorney representing the council in the litigation and will not take action until she gets guidance.
Key points
- The resident attended the August committee meeting and the informal meeting the following week, and provided draft resolutions.
- The council president said she has been trying for several weeks to schedule an attorney-client meeting with the litigation attorney but has not been able to get it scheduled.
- She gave the attorney the dates of all the council meetings this month and will continue to try.
- The deadline for papers in the lawsuit has been pushed back to October.
- The resident encouraged the council to include the city attorney, Ken Dow, because the council's legislative actions can remediate the issues that led to the lawsuit.
- The council president said there are two separate issues: getting an opinion from the city attorney on the resolutions themselves, and getting an opinion from the litigation attorney on what action is appropriate given the lawsuit.
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