Code Enforcement Points

BOARDING

Legislative Finding, C.C.O. § 3103.09(a)(9): “Structures that remain boarded for an extended period of time contribute to blight, cause a decrease in neighboring property values, create targets for arson, and lead to the cancellation of homeowners' insurance for neighboring property owners.”

Boarding by Owner

During the correction of violations, an owner may secure the property through “effective boarding.”

• Within 7 days of receiving the Notice of Violations, owner must apply to the Building and Housing Department for a permit to board.  (If you board without obtaining the permit first, the structure shall continue to be considered a public nuisance subject to demolition.)
  
• Building and Housing reviews conditions, determines if it can be effectively boarded, and grants or denies the permit.
  
• Within 30 days of the issuance of the boarding permit, owner must apply for a rehabilitation permit.  (If you fail to obtain the rehabilitation permit after effective boarding, the structure will still be deemed a public nuisance and may be scheduled for demolition.)

• Effective boarding must include doors, windows and other areas open to entry and exit and weather elements.  Must be secured by ½” or greater plywood cut and fit to openings.  If the opening is wider than 48”, it must be framed by 2x4 lumber.
  
• Owner must monitor and maintain the structure and its surrounding premises in a safe, sanitary and secured condition.  Any portion that is potentially hazardous or unsound must be removed or abated.
  
• Exterior premises must be maintained free of high weeds, debris, junk vehicles, and conditions that provide harborage of rodents.
  
• Rehabilitation must begin within 90 days of receiving the rehabilitation permit.  (If you do not begin rehabilitation within this time period, the Director may declare the nuisance not abated, and schedule the structure for demolition.)

Boarding by City

• If the Director finds a vacant structure open at doors, windows or other points accessible to public, he may cause structure to be secured at those points.
  
• Director is authorized to enter the property at any time to secure the structure, to lessen the severity of the public nuisance.
  
• The Director may use City workers or may enter into a   contract with a private company to secure the structure.
• If owner does not comply with a notice to repair or demolish a public nuisance or unsafe structure, Director may advise the Law Director, who may then bring an action in court to cause correction of the violations, demolition, or proper boarding of the building pending rehabilitation.
  
• The Director may also take appropriate action to board a condemned structure.
  
• The Director shall make written findings about the structure, and shall determine whether to secure or board, based on:
  
• Distance of the structure from neighboring structures
  
• Type of structure
  
• Extent to which the structure is secured
  
• Likelihood of vandalism or arson
  
• Extent of deterioration
  
• Economic likelihood of eventual rehabilitation of the structure
  
• Cost of securing or effectively boarding
  
• The owner is required to pay all costs and expenses associated with the boarding of a building by the City.
  
• If the owner fails to pay the costs within 30 days of receiving an invoice from the City, the City may take action to make the expenses and costs a lien on the property, to be collected and returned the City

BUYING PROPERTIES WITH CODE VIOLATIONS

• If you buy a property with code violations, it may be considered an “unsafe structure” by the Building Code.  If you purchase an unsafe structure:
  
• Contact the Director of Building and Housing, to notify him that you have purchased the property within 10 days of the transfer.  The Director may then establish a reasonable time to comply;
  
• Contact the Inspector(s) assigned to the case, to obtain current copies of any Notice(s) of Violation;
• Make sure that the property has been secured;
• Abate any exterior code violations, such as: high grass and weeds; debris or junk around the premises, etc.;
• Secure the appropriate permits in order to begin rehabilitation; or work with Building and Housing regarding demolition of the structure

CASE STUDY -- BUFFALO HOUSING COURT

• Housing Court Judge Henry Nowak, pursuant to New York law, has the power to “employ any remedy, program, procedure, or sanction authorized by law for the enforcement of housing standards”
  
• Many times, mortgage companies threaten foreclosure if borrowers fall behind in loan payments, but then do not go through with foreclosure.  Technically, the borrower is still the owner of the property.
  
• However, Judge Nowak has had many homeowners appear producing documents indicating that the lenders had taken control of the property.
  
• Judge Nowak named a Buffalo attorney as a court-appointed receiver, giving him power to stabilize properties in foreclosure and collect the fines from 40 banks and lenders with outstanding housing code violations in the City of Buffalo.  The companies are responsible for more than 70 properties and owe the City of Buffalo more than $1 million in fines.
  
• The money collected, minus 5% receiver’s fee, will go into a special fund for housing demolitions in the City of Buffalo.
  
• Fines are converted into civil judgments that are recorded in Erie County, New York, and other counties where the lenders have properties.  The judgment liens can be placed on other properties owned by the lenders.
  
• When one lender was trying to close on a real estate deal, the judgment appeared on a title search…the lender paid its $15,000 fine within hours!
  

Ultimate goals: 

• Collection of fines is secondary
• Send a message to banks and lenders
• Fewer homeowners facing the threat of foreclosures
• Fewer abandoned homes