LOCAL LAW - 2026
A LOCAL LAW AMENDING CHAPTER 58 OF THE CODE OF THE CITY OF YONKERS ENTITLED “BUILDING AND HOUSING CODE” BY AMENDING ARTICLE VIII ENTITLED “VACANT BUILDING REGISTRY”
By:
Be it enacted by the City Council of the City of Yonkers, as follows:
Section 1. Chapter 58 of the Code of the City of Yonkers entitled “Housing and Building Maintenance Code” and is hereby amended, in part, by amending Section 58-33, “Definitions” as follows:
§ 58-33. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated:
COMMISSIONER
The Commissioner of Housing and Buildings.
ENFORCEMENT OFFICER
A duly authorized representative of the Department of Housing and Buildings, the Police Department, Department of Public Works and the Fire Department.
HABITABLE
A building or space that meets or exceeds the New York State minimum requirements for human occupancy.
OWNER
Those shown to be the owner or owners on the records of the City of Yonkers, Department of Assessment, those identified as the owner or owners 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 corporation in control of the premises. Any such person shall have a joint and several obligation for compliance with the provisions of this section.
PERFORMANCE GUARANTY
A bond, letter of credit, cash escrow or other acceptable form of guaranty, as determined by the Commissioner, to cover the City's potential cost of correcting code violations or abating unsafe or imminently dangerous conditions. The sufficiency of such performance guaranty shall be determined by the Commissioner after consultation with the Corporation Counsel and other officials and agencies of the City of Yonkers as appropriate.
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 vacant or is not legally being used for an occupancy authorized by the owner.
UNSECURED
A building or portion of a building which is open, accessible or an attractive nuisance.
VACANT BUILDING
A building which in whole or in part is:
A. Unoccupied;
B. Unoccupied and unsecured;
C. Unoccupied and secured by other than normal means;
D. Unoccupied as determined by the appropriate City, county or state department or agency;
E. Unoccupied and has multiple housing or building code violations;
F. Illegally occupied and/or not habitable;
G. Unoccupied for a period of time of 45 days, unless good cause can be shown to the Commissioner of Housing and Buildings that would warrant an extension of three months;
H. Unoccupied and has exterior violations.
I. Has an unoccupied first floor commercial space.
Section 2. Chapter 58 of the Code of the City of Yonkers entitled “Housing and Building Maintenance Code” and is hereby amended, in part, by amending Section 58-34 subsection
“G”, entitled, “Vacant building registration; fees”, as follows:
G. Vacant building fees.
(1) The owner of a vacant building shall pay an annual fee as set forth in Subsection G(3) for the period the building remains a vacant building. The fee shall be paid within 30 days after the building becomes vacant. If the fee is not paid within such time, the owner shall be subject to penalties and any additional fees that may be imposed at a trial or an administrative hearing. The fee shall be reasonably related to the administrative costs for registering and processing the vacant building owner registration form and for the costs of the City in monitoring the vacant building site.
(2) The first annual fee shall be paid no later than 30 days after the building becomes vacant.
(3) The following fees are hereby imposed:
|
Property Type |
Year 1 |
Each Subsequent Year |
|
Residential |
First unit $1,000; each additional unit $600 |
First unit $2,000; each additional unit $1,000 |
|
Commercial |
$3,000 or $0.40 per square foot, whichever is greater |
$5,000 or $0.50 per square foot, whichever is greater |
|
First Floor Commercial Only |
$500 |
$1,000 |
(4) If the fee is not paid within 30 days of being due, the owner shall be subject to a penalty of $500 per month and prosecution in court or an administrative hearing. If a plan is extended beyond 365 days, subsequent annual fees shall be due on the anniversary date. Any fee not paid at this time shall be subject to payment of an additional penalty of $500 per month for each month the fee remains unpaid, such additional penalty coming due on the first day of each month. If any penalty is not paid within 30 days of the due date, the owner shall be subject to prosecution in court and/or an administrative hearing.
(5) The fee shall be paid in full prior to the issuance of any building permits, certificates of occupancy or certificates of completion, with the exception of any demolition permit.
(6) All delinquent fees shall be paid by the owner prior to any transfer of an ownership interest in any vacant building. If the fees are not paid prior to any transfer, the new owner shall pay the annual fee no later than 30 days after the transfer of ownership, and subsequent annual fees shall be due on the anniversary date of the filing of the registration form.
Section 3. Chapter 58 of the Code of the City of Yonkers entitled “Housing and Building Maintenance Code” and is hereby amended, in part, by amending Section 58-35 subsection “B”, entitled, “Exemptions”, as follows:
§ 58-35. Exemptions.
B. Any property on which a building permit has been received and is being actively developed shall be exempt from the registration requirement for a period of six twelve months from the date of the written request for an exemption which has been submitted to the Department of Housing and Buildings. If additional time is needed, the Department of Housing and Buildings may grant one additional exemption by which time the work on the building shall be completed. The written request shall include the following information supplied by the owner:
(1) A description of the premises, address, lot and block;
(2) The names, addresses and phone numbers of the owners; and
(3) A statement indicating the expected date of the completion of the development of the property.
Section 4. . This Local Law shall take effect pursuant to §C4-6 of the Charter of the City of Yonkers and the provisions of the Municipal Home Rule Law of the State of New York.