Elmira City Council takes new action in “Fight on Blight”
ELMIRA, N.Y. (WETM) – The city of Elmira is taking new action in its "fight on blight." In a unanimous vote Monday, the city council approved a new "fee schedule" for vacant buildings.
The change in the city code department does, however, provide exceptions for owners who are: actively deployed in the military, are receiving long-term care at an assisted-living, nursing or healthcare facility, or "depart Elmira for the winter months," as long the property is secured and has no active code violations."
The new fee schedule lowers the "annual vacant building fee" from $500 to $250 for the first year of vacancy for "residential buildings of one to three units." A fee for a second year of vacancy was lowered to $500. The previous schedule called for a subsequent annual fee of $500 plus $100 for every following year, with a cap of $1,000 per year,
The fee for every subsequent year will stay capped at $1,000 for residential buildings of one two three units. Annual fees for larger residential and mixed-use commercial buildings can reach up to $4,000 per year.
"Vacant homes produce blight. Vacant commercial properties produce blight," Fourth District councilmember Gary Brinn told 18 News. Brinn sponsored the new ordinance and has been leading the city's "Fight on Blight" efforts alongside Mayor Dan Mandell.
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"Our fight on Blight Task Force has been reviewing the various aspects of code around vacant properties, rental properties, trying to make them consistent, bring them in line with our goals," Brinn said.
"One of our goals is to try to get properties occupied, get them back online as much as possible. So, we're bringing our fee schedule into a more consistent way with other upstate municipalities." "Ultimately, I think it evens out," Brinn added. "The schedule is more logical than it was in the past. The longer a property is held vacant, hopefully the less incentive there will be for them to keep it vacant, to get it back on the market, get it reoccupied."
A Chemung County Housing Market study published in 2023 found there are 12,514 housing units in Elmira. 40.43% are owner-occupied. That's lower than the national average of 58.51%.
The study says 44.85% of units in the city are occupied by renters. That's higher than the national average of 31.67%. The study found 14.72% of units are vacant. That's higher than the national average of 9.82%.
The study also says since 2010, "Elmira has seen a 4.09% decrease in the number of owner-occupied, a 1.80% decrease in the number of renter-occupied units, and a 39.33% increase in the number of vacant units."
"We want to see property owners invest in the community, get these occupied," Brinn told 18 News. "It's better for us. We'd rather not be collecting the vacant property schedule."
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The resolution passed in a 6-0 vote on November 4th. Second District Councilmember Corey Cooke was absent. The vote amended the "Code of Ordinances of the City of Elmira" 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:
For residential buildings of one to three units: a. For the first year: $250; b. For the second year: $500; c. 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: a. For the first year: $500; b. For the second year: $1,000; c. 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: a. For the first year: $1,000; b. For the second year: $2,000; c. For each subsequent year: $4,000.
For nonresidential buildings, the greater of: a. For the first year: $1,000 or $.058 per square foot; b. For the second year: $2,000 or $.10 per square foot; c. For each subsequent year: $4,000 or $.20 per square foot
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 abovementioned 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.
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.
Registration pursuant to Section 8-30 shall not apply to any single-family owner-occupied residential dwelling where the owner departs 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.
The law also aims to address issues involving absentee landlords who live far away from their properties. The law calls for designating a Chemung County resident who is 18 or older to be an "owner's agent" authorized to make decisions involving management and maintenance.
"One of the problems we have is at times people are listed on the rental registration form or on the vacant property registration form that either aren't aware that they've been assigned those responsibilities or that don't live close enough to exercise those responsibilities effectively," councilmember Brinn told 18 News.
"So, we're requiring that there be someone close to the local area who is aware that they are responsible for that piece of property."
Section 4. Section 8-30(c)(2)(e) is amended as follows: If said owner's principal place of business is not located within Chemung County, or is located within said county, but no business officer or director or members resides within New York State 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 upon whom service of legal process and all notices may be served or 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 hereby 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 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).
Section 6. Effective Date. This ordinance shall take effect immediately upon adoption and publication according to law.
