Elmira City Council Amends & Adds Section to Local Law Regarding 'Fight Against Blight'
ELMIRA, NY (WENY) -- On November 4th, the Elmira City Council voted to pass an ordinance to amend and add a section to the local law regarding the 'Fight Against Blight.' It's a list of landlords who don't properly maintain their properties.
"We made stiffer fines for people [who] have vacant properties. It also includes the commercial properties and the square footage of [them]. That's to help people to get these properties back online," said Elmira Mayor Dan Mandell.
In May 2024, if a property was vacant for at least 60 days, there was a $50 fee. If things weren't fixed after one year, it was $500. Then it increases by $100 annually until the maximum of $1,000.
Now in November of 2024, for residential buildings of one to three units is as follows:
Section 1: Section 8-30(c)(8)(a) be and is hereby amended to read as follows:
The following fee schedule shall apply to all vacant buildings, subject to any exceptions established in the provisions of section 8-30:
First year: $250
Second year: $500
For each subsequent year: $1,000
For residential buildings of four to six units, and mixed commercial and residential buildings of two to three residential units:
First year: $500
Second year: $1,000
For each subsequent year: $2,000
For residential buildings of seven or greater units, and mixed commercial and residential buildings of four or greater units:
First year: $1,000
Second year: $2,000
For each subsequent year: $4,000
For nonresidential buildings the greater of:
First year: $1,000 or 58 cents per square foot
Second year: $2,000 or 10 cents per square foot
For each subsequent year: $4,000 or 20 cents per square foot
Another change to the local law is that landlords have to have a signed and notarized affidavit designating who the property manager is.
"Before, they didn't have to do that. A lot of times, we would try to find a property manager and the person they put down on the list was like, 'I'm not the property manager, I don't know why my name's on that form. So, this holds their feet to the fire with that, so we know who to go to when we find a blighted property that's a rental," said Mayor Mandell.
Section 2: Section 8-30(c)(8)(b) is amended as follows:
"Where an owner intends to demolish or rehabilitate a vacant building and conforms with the requirements under sections 8-30(c)(1)-(4), the initial fee will be $100. If the owner fails to conform to the above-mentioned requirements, the owner, within 14 days written notice of failure to conform by the Code Department sent by certified mail to the owner, shall pay the entire first-year fee associated with the building's property type pursuant to section 8-30(c)(8)(a), minus the initial $100 fee. Failure to do so, shall result in a violation under section 8-30(i)."
"Section 3: Section 8-30(c)(b)(c) is amended as follows:
The following circumstances shall serve as exemptions to Section 8-30 as detailed.
1. The fees established in 8-30(c)(8)(a) shall not apply to owners actively deployed in the military, or owners who are being cared for long-term in an assisted living facility, skilled nursing facility, or other health care facility.
2. Registration pursuant to Section 8-30 shall not apply to single-family owner-occupied residential dwellings where the owner departs [from] Elmira for the winter months, provided that the property is properly secured and the property does not have outstanding code violations. The owner shall reside at the residential dwelling within the City of Elmira at least four (4) months in a calendar year, and the owner shall arrange for property maintenance."
Section 4 (Section 8-30(c)(2)(e) mentions how if an "owner's principal place of business isn't located within Chemung County, or is located within said county, but no business officer or director or members resides within NYS within 50 miles of the city's municipal limits, or the owner's principal place of residence is not located within 50 miles of said county, the owner must designate on the registry form a natural person 18 years of age or older who resides in Chemung County as owner's agent whom the owner authorizes to make decisions regarding the management and maintenance of the building and whom service of legal process and all notices may be served and delivered. The owner's designation of an agent shall authorize and empower the agent to make such decisions on behalf of the owner."
"Section 5: Section 8-30(c)(2)(k) is created and reads as follows:
If the owner is required to have an agent pursuant to 8-30(e), in addition to the registration requirements, within two weeks of the Code Department's receipt of the owner's registration, an owner or the owner's agent must submit an affidavit to the Code Department, signed by the agent and notarized, stating the agent's consent to perform the duties required of an agent pursuant to the provisions of section 8-30. Failure to submit an affidavit will result in an incomplete registration, and an owner will be subject to penalties under 8-30(i)."
The law passed unanimously on Nov. 4th, with a vote of 6-0. Second District City Councilman Corey Cooke was absent.
Mayor Mandell said moving forward, he would like to see a major impact in the 'Fight Against Blight,' to improve the properties in the city of Elmira.