It is the purpose and intent of the Town Board to establish a process to limit and reduce the amount of deteriorating properties located within the Town, which property is subject to a mortgage which is in default. It is the Town Board's further intent to specifically establish a defaulted mortgage registration program, consistent with New York Real Property Actions and Proceedings Law (RPA) § 1393, as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties subject to a mortgage or properties subject to mortgages which are in default.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning:

This article shall be considered cumulative and not superseding or subject to any other law or provision for same, but shall rather be an additional remedy available to the Town above and beyond any other state, county and/or local provisions for same. This article relates to property subject to a mortgage which has been determined by the mortgagee to be in default.

Any person, corporation, or entity who shall violate any of the provisions of this article or who shall fail to comply therewith or with any of the requirements thereof shall be guilty of an offense and, upon conviction thereof, a fine of not less than $250 nor more than $1,000 must be imposed or a term of imprisonment for a period not to exceed 15 days may be imposed, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, a fine not less than $1,000 nor more than $2,500 must be imposed, or a term of imprisonment for a period not to exceed 15 days may be imposed, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, a fine not less than $2,500 nor more than $5,000 must be imposed, or a term of imprisonment for a period not to exceed 15 days may be imposed, or both. Any person found by the Bureau of Administrative Adjudication to have violated this article shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein for a first offense and subsequent offenses.

Whoever opposes, obstructs or resists any enforcement officer, zoning inspector, building inspector, fire marshal, or any person authorized by the code enforcement division, in the discharge of duties as provided in this article, upon conviction may be punished as provided in § 1-21B of the Town Code, or New York State Penal Code § 195.05.

Any enforcement officer, or any person authorized by the Code Enforcement Officer, shall be immune from prosecution, civil or criminal, for reasonable, good faith entrance upon real property while in the discharge of duties imposed by this article.

The Code Enforcement Officer shall have authority to require the mortgagee and/or owner of record of any property affected by this section to implement additional maintenance and/or security measures, including, but not limited to, securing any and all doors, windows or other openings, employment of an on-site security guard, or other measures as may be reasonably required to prevent a decline of the property.

Nothing contained in this article shall prohibit the Town from enforcing its codes by any other means, including, but not limited to, abatement as otherwise provided by the Town Code.