New Smithtown measure creates registry for vacant buildings that includes owner fees

Smithtown property owners soon will be required to register structures with the town that have been “vacant and abandoned” for more than six months under a measure legislators approved last week. 

The town board, in a 4-0 vote at a Thursday meeting, adopted legislation that cites the “proliferation” of such buildings creating a “great safety concern.” It says they attract vermin, negatively impact the value of nearby properties and “provide shelter to individuals who use such places to evade the police and to conduct illicit activities.” 

The legislation includes the addition of an annual registration fee for the vacant buildings. Town officials couldn't provide an estimate for how many structures will fall under the new legislation. 

It defines a vacant building as a structure where no one “currently conducts a business or resides” as an owner or tenant “on a permanent, non-transient basis.” The measure says proof of an occupied building includes regular receipt of mail, proof of “continual” utility service, a valid town business license and current income tax statements showing the property is the business or residence of the person or business claiming occupancy.

“The intent of the legislation is that the property owner registers it so we have contact information, so that we can get ahold of them in the event of damage to the building or a fire or something like that,” Town Supervisor Ed Wehrheim said in an interview before the vote. “It makes it easier for us to have control over these structures when they’re abandoned so we know who we have to deal with.”

Dennis Ahern, who said his family owns residential and commercial properties in Kings Park, spoke against the legislation at a Dec. 12 public hearing. 

“What if my family has a building and we can’t get a tenant? The building’s sitting there for a year and I’m supposed to register and pay the community more money because I can’t get a tenant?” Ahern said.

He added the legislation wouldn't accomplish anything “except collect fees.”

Smithtown Councilman Tom Lohmann said in an interview after the vote that while he understands Ahern's frustrations, the town has a responsibility to reduce vacant buildings for the safety of its residents.

“Many of our commercial properties are owned by people who don't live in the township. Some of them don't even live in the state. A lot of them are big corporations and there are multiple properties all over,” Lohmann said. “It's a way for the town to put in place an ability to start holding those folks accountable.” 

Under the measure, an owner of a property that has been vacant for more than 180 days after the legislation goes into effect must register it with the town’s Public Safety Department and pay an annual fee. Those fees will be:

$250 for residential properties and $500 for commercial properties vacant for up to one year;, $500 for residential properties and $1,000 for commercial properties vacant for more than one year and up to two years;, $750 for residential properties and $1,500 for commercial properties vacant for more than two years and up to three years; and, $1,000 for residential properties and $2,000 for commercial properties vacant for more than three years,.

Religious organizations will be exempt from paying vacant building registration fees, according to the legislation. It also says those who fail to register vacant buildings they own will face a fine of not less than $1,000 or more than $15,000 for each failure to register.

Town officials said the measure is expected to go into effect in mid-January.