Recently the Town of Chili Building Department has been besieged by resident complaints regarding the maintenance of purportedly vacant properties. New York State has essentially preempted this area of enforcement by the adoption of §1310 of the Real Property Actions and Proceedings Law in December of 2016.
The Building Department at the Town of Chili has begun advising residents to register their complaints regarding property maintenance issues on foreclosures being maintained by the bank or its agents (property maintenance company) at (800)-342-3736; additional information is available at the following website: http://www.dfs.ny.gov/banking/pff.htm. Residents can register complaints (grass, property maintenance, rubbish etc…) as often as they wish for the same property or for any other properties The process is simple and takes approximately 10 minutes.
We have been asked several times as to whether the Town is able to maintain the property by mowing the grass, etc. Please be aware that absent the separate legal authority the Town does not enter private property. This includes bank owned or properties in foreclosure. Town Code Enforcement will still receive these complaints, taking the address and the nature of their complaint so that we may inventory delinquent properties. However, the Town’s ability to be compensated for property maintenance on such properties has been constrained by Monroe County.
Prior to registering any vacant property, it is important to verify that the property is actually vacant (defined by §1309(2) of the Real Property Actions and Proceedings Law) and not still occupied by the homeowner, as we are still charged with code enforcement for owner occupied properties. The protocol for those properties still occupied by a resident is as follows; reach out to homeowners to discuss avenues to resolution, issue orders to remedy mandating time and compliance expected and finally legal enforcement.
Should you have any questions feel free to contact the Building Department at 889-6143.