Rochester, N.Y., Code of Ordinances ch. 90 § 90-21

A. Purpose. The City of Rochester faces a growing vacant building crisis. Vacant buildings, by their very nature, impose disproportionate costs on both the City at large and the neighborhoods in which they are located. These include, but are not limited to, increased risk of fire, illegal occupancy, and use for sex trafficking and drug sales. The purpose of this section is to establish a program for identifying and registering vacant buildings in order to incentivize their rehabilitation and improve public safety in concert with other vacant property obligations and remedies set forth in § 90-17 and elsewhere in this chapter. B. Definitions. As used in this section, the following term shall have the meaning indicated: VACANT BUILDING Any building, commercial or residential, in which no occupant lawfully resides or no tenant is in lawful possession, or any building otherwise not being used for any lawful occupancy. C. Vacant building registration. With the exception of exemptions specified in Subsection F herein, the owner or owners of a vacant building (hereinafter referred to individually and collectively as "the owner") shall register such building with the Commissioner of the Department of Neighborhood and Business Development (Commissioner) no later than 60 days after the building becomes vacant and shall renew the registration on an annual basis thereafter for so long as the building remains vacant. (1) Initial registration. The initial registration shall be submitted on a form provided by the Commissioner and shall include the following information and documents: (a) The address of the vacant building. (b) The name, address, and telephone number of each owner of the building. (c) A photocopy of a government-issued photo identification for each owner. (d) If the owner is a limited liability corporation (LLC), then the registration shall identify the names and business addresses of all members, managers, and any other authorized persons, if any, of such LLC, and, if any such member, manager, or authorized person of the LLC is itself an LLC, then the registration shall include such additional information and documentation as is required by § 90-20F for LLCs enrolling in the building owner's registry. (e) If the owner is not a natural person, then the registration shall specify the name, street address and business telephone number of a natural person who is designated by the owner as responsible to serve as an agent, manager or principal maintenance person who is in control of the vacant building property. (f) If the owner resides or is located outside of Monroe County, the registration must include the name, street address, and telephone number of a person or business entity residing or located in Monroe County who shall be responsible for maintaining the vacant building property. (g) A vacant building management plan in accordance with Subsection D herein. (h) A certificate indicating that the property is insured for the period that the building remains vacant. (i) Payment of the registration fee in the amount specified herein in Subsection C(3) . (2) Renewed registration. The term for each initial registration and for each renewed registration filed in accordance with this section shall expire on the last day of the 12th month following the filing of the initial or renewed registration. If a subject building remains vacant after the registration term expires, then the owner must file a renewed registration no later than the expiration date. The renewed registration shall be submitted on a form provided by the Commissioner and shall include an updated version of the information and documents that are required for the initial registration listed in Subsection C(1) . (3) Registration fee. Each registration, whether it be initial or renewed, shall be accompanied by the payment of a registration fee that is based on the type and the tenure of the vacant building in accordance with the following fee schedule: Building Type Year 1: Initial Registration Year 2: First Renewed Registration Years > 3: Each Subsequent Registration 1- to 3-unit residential $250 $500 $1,000 4- to 6-unit residential $500 $1,000 $2,000 7+ unit residential $100 per unit $200 per unit $400 per unit Commercial: the greater of: $1,000 or $0.05 per square foot $2,000 or $0.10 per square foot $4,000 or 0.20 per square foot Provided, however, that the fee shall be $100, regardless of property type, for every initial registration that is accompanied by a vacant building management plan that provides for either of the demolition or the rehabilitate/reoccupy option compliant with Subsection D herein, and provided further that if the plan for demolition or rehabilitate/reoccupy is not approved by the Commissioner or is not implemented in accordance with the plan and time frame specified by the owner, the owner shall be required to pay an additional surcharge fee on the subsequent renewal registration that shall be the initial Year 1 registration fee for the pertinent building type, less $100. (4) Transfer of ownership. One owner's filing of a vacant building registration is not transferable to a subsequent owner. Regardless of whether the prior owner has filed a complete registration, the new owner must submit to the Commissioner its own registration for a vacant building within 60 days of any transfer of ownership interest therein. The registration form must include all the elements, including the fee, that are required for an initial registration. D. Vacant building management plan. Every vacant building registration shall be accompanied by a vacant building management plan (management plan). The management plan shall address one or more of the following three management options for the vacant building property: (1) Demolition. The plan for this option shall include a time schedule indicating when major phases of the work are to be initiated and completed, including those activities necessary to protect worker safety, human health and the environment and to satisfy site restoration and design standards as set forth in the City's Demolition Regulations in Chapter 47A of the Municipal Code. (2) Rehabilitate and reoccupy. The plan for this option shall include a time schedule of the major phases of repair, renovation and rehabilitation activities to be completed no later than the expiration of the registration to which it is attached. (3) Stabilize and maintain. If the building is to remain vacant indefinitely or for so long as it will remain vacant prior to the implementation one of the foregoing demolish or rehabilitate/reoccupy options, the plan should include a list and time schedule for all measures necessary to maintain and secure the building in accordance with the owner's duties and standards of safety and sanitation set forth in § 90-17 of this chapter, as well as a statement of the reasons why the building will be left vacant either indefinitely or temporarily prior to implementing one of the demolition or rehabilitate/reoccupy options. The Management Plan shall be reviewed by the Commissioner, and the registration to which it is attached shall not be deemed complete until the management plan is approved by the Commissioner. The management plan shall be submitted on a form provided by the Commissioner, and upon completing the review, the Commissioner shall notify the owner that the management plan is either accepted or rejected and, in the case of a rejection, what additions or modifications are necessary to make the management plan acceptable. E. Violations: The failure to abide by the vacant building registry requirements of this section, including, but not limited to, the obligations to submit a complete registration, to submit the correct registration fee, to submit a complete management plan, to remedy any deficiencies in the management plan identified by the Commissioner, and to implement all the elements of the approved management plan on a timely basis, shall constitute a violation of this Property Code chapter, which shall be subject to the enforcement procedures, notices and orders, and penalties for offenses that are specified or referenced in Chapter 52 of the Municipal Code, Enforcement Procedures. A ticket may be served on the owner of a vacant building who fails to register, renew a reregistion or otherwise comply with the provisions of this section. The violation shall be considered a health and safety category violation for which the penalties set forth for that category in § 13A-11D(1) of the Municipal Code shall apply. F. Exemptions. The vacant building registration requirements of this section do not apply to: (1) Any single-family owner-occupied residential dwelling where the owner departs Rochester for the winter months, provided that: (a) The property is secured in a manner that does not indicate from the exterior that the property is vacant; (b) The property does not have outstanding code violations; (c) The owner will return to Rochester no later than 180 days after departing; (d) The owner has arranged for property maintenance, including snow removal, grass-cutting, and other landscaping obligations. (2) Any property owned by the Rochester Land Bank Corporation.