Common Council Meeting Minutes

City of Utica Common Council – Regular Meeting April 15th 2026 The meeting is called to order at 7:02 P.M. Melissa Sciortino, City Clerk; Andrew Castilla, Deputy City Clerk; Rocco Giruzzi, Common Council President Present: Katie Aiello, 1st District Councilmember; Robert Burmaster, 2nd District Councilmember; Joseph Betar, 3rd District Councilmember & President Pro-Temp; Frank Carcone, 4th District Councilmember; Venice Ervin, 5th District Councilmember; Joseph Betrus, 6th District Councilmember; Heather Wasielewski, Councilmember at Large; Samantha Colosimo-Testa, Councilmember at Large; Jack LoMedico, Councilmember at Large Also Present: Anthony Garramone, Esq., Common Council Attorney; Mark Williams, Chief, UPD; Mark Sokolowski, Commissioner, DPW; Stephanie DiGiorgio, Assistant Corporation Counsel; Mark Chieco, Assistant Corporation Counsel; Brain Thomas, Commissioner, UED; Marquis Phillips, Commissioner, Codes A motion to waive the reading of the minutes from the previous meeting made by Councilmember Aiello The motion is seconded by Councilmember Burmaster None opposed: Minutes accepted and reading waived 2 Speakers signed up for Public Comment Period PRO. ORD 1 – E & A TRANSFER A motion by Councilmember Aiello to move Pro. Ord. 1 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #53 of 2026 PRO. ORD 2 – SALE OF UPD VEHICLES A motion by Councilmember Aiello to move Pro. Ord. 2 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9  Nays: 0 Adopted as Ordinance #54 of 2026 PRO. ORD 3 – ORDINANCE EXTENDING MORATORIUM ON BATTERY STORAGE FACILITIES A motion by Councilmember Aiello to move Pro. Ord. 1 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #55 of 2026 PRO. ORD 4 – ORDINANCE ESTABLISHING MINIUM PUBLIC ACCESS HOURS FOR RESTROOM FACILITIES IN CITY PARKS A motion by Councilmember Aiello to place Pro. Ord. 4 in Committee of the Whole Motion seconded by Councilmember Betrus None Opposed Placed in Committee of the Whole PRO. ORD 5 – E & A TRANSFER A motion by Councilmember Aiello to move Pro. Ord. 5 Motion seconded by Councilmember Burmaster Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #56 of 2026 PRO. RES. 6 – COMMISSIONER OF DEEDS A motion by Councilmember Aiello to move Pro. Res. 6 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. RES. 7 – COMMISSIONER OF DEEDS A motion by Councilmember Aiello to move Pro. Res. 7 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted PRO. ORD 8 – E & A TRANSFER A motion by Councilmember Aiello to move Pro. Ord. 8 Motion seconded by Councilmember LoMedico Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #57 of 2026 PRO. ORD 9 – E & A TRANSFER A motion by Councilmember Aiello to place Pro. Ord. 9 in Committee of the Whole Motion seconded by Councilmember Betar None Opposed Placed in Committee of the Whole A motion by Councilmember Aiello to pull Pro. Ord. 15 – Ordinance Adding Article XII of Chapter 2-6 of the Utica City Code of Ordinances from Committee of the Whole Motion seconded by Councilmember Colosimo-Testa None Opposed Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #58 of 2026 A motion by Councilmember Aiello to pull Pro. Ord. 16 – Ordinance Adding Article XII of Chapter 2-6 of the Utica City Code of Ordinances from Committee of the Whole Motion seconded by Councilmember LoMedico A motion by Councilmember Betar to amend, adding “within 120 days of the notice of appeal” to Section 2-6-418 of the legislation Motion seconded by Councilmember Aiello None Opposed Votes as amended: Ayes: Aiello, Burmaster, Betar, Carcone, Ervin, Wasielewski, Betrus, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted as Ordinance #59 of 2026 A Special Meeting was called for on the floor for Tuesday, April 21st at 6PM A Committee of the Whole Meeting was called for on the floor for Tuesday, April 21st at 6:15PM A Committee of the Whole Meeting was called for on the floor for Wednesday, May 6th at 6PM A motion to adjourn made by Councilmember Aiello Motion seconded by Councilmember Colosimo-Testa President Giruzzi Adjourned: 7:35 P.M. Certify To: Budget, Comptroller Ordinance #53 of 2026 CITY OF UTICA Department of Legislation Common Council April 15, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa E & A Transfer – FY 2025-2026 ORDAINED, that the Comptroller for the City of Utica is hereby authorized and directed to make the following transfer of funds: Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 16th day of April, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance #54 of 2026 CITY OF UTICA Department of Legislation Common Council April 15, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa ORDINANCE AUTHORIZING SALE OF TEN UTICA POLICE DEPARTMENT VEHICLES ORDAINED, pursuant to Section 7.007 of the Utica City Charter, the Mayor or his authorized representative is hereby authorized to sell the City owned personal property described below. Such property shall be offered for sale after public advertisement to the highest responsible bidder, or in whatever manner the Mayor, or his representative deems most appropriate. FURTHER ORDAINED, in the event that no bids are received for any of such property or that the Board of Estimate and Apportionment determines that any such bids are not in the best interest of the City, the Board of Estimate and Apportionment is hereby authorized to dispose of such property in any manner that it deems to be in the best interest of the City and to make such disposition part of the public record of the proceedings of the Board of Estimate and Apportionment. FURTHER ORDAINED, any such sale or disposition is subject to the approval of the Board of Estimate and Apportionment. FURTHER ORDAINED, the property to be sold is described as follows: Utica Police Department: 1) 2009 Chevrolet Tahoe, VIN -1GNFK03019R273027. This vehicle has 131,528 miles. Vehicle is beyond its useful life for police service. 2) 2014 Ford Taurus, VIN -1FAHP2L84EG161628. This vehicle has 128,222 miles. Vehicle is beyond its useful life for police service. 3) 2013 Ford Taurus, VIN -1FAHP2L88DG158083. This vehicle has 104,737 miles. Vehicle is beyond its useful life for police service. 4) 2018 Ford Taurus, VIN - 1FAHP2L89JG104187. This vehicle has 110,246 miles. Vehicle is beyond its useful life for police service. 5) 2009 Chevrolet Tahoe, VIN - 1GNFK030X9R274497. This vehicle has 136,832 miles. Vehicle is beyond its useful life for police service. 6) 2015 Ford Taurus, VIN - 1FAHP2L83FG190166. This vehicle has 97,251 miles. Vehicle is beyond its useful life for police service. 7) 2015 Ford Taurus, VIN - 1FAHP2L85FG190167. This vehicle has 93,523 miles. Vehicle is beyond its useful life for police service. 8) 2015 Ford Taurus, VIN -1FAHP2L87FG190168. This vehicle has 65,926 miles. Vehicle is beyond its useful life for police service. 9) 2020 Ford Explorer, VIN - 1FM5K8AB4LGC12793. This vehicle has 102,987 miles. Vehicle is beyond its useful life for police service. 10) 2014 Ford Explorer, VIN - 1FM5K8AR1EGB80286. This vehicle has 141,189 miles. Vehicle is beyond its useful life for police service. FURTHER ORDAINED, the funds collected from the sale of said items shall be deposited into an account bearing an identification number of A409.266501, and the funds shall be payable to the City of Utica, Comptroller's Office, 1 Kennedy Plaza, Utica, New York 13502. Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 16th day of April, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance #55 of 2026 CITY OF UTICA Department of Legislation Common Council April 15, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa AN ORDINANCE EXTENDING MORATORIUM ON BATTERY STORAGE FACILITIES IN THE CITY OF UTICA WHEREAS, the current zoning law is silent on battery storage facilities within the City of Utica; and WHEREAS, new questions have arisen regarding the installation, operation, maintenance and decommissioning of such entities and the potential impacts on public health and safety, and WHEREAS, it has been determined that the locations of battery storage facilities require further study to consider the potential public health and safety impacts that necessitates that a moratorium be enacted that would halt the approval of such entities for a period of time to allow for a study to be conducted, and WHEREAS, the City has conducted a review of its zoning code and a review of material provided by New York State concerning battery storage facilities; and need additional time to finalize legislation, and WHEREAS, this moratorium does not apply to any applications, permits, or approvals to establish a battery storage facility that were previously granted, if any; and ORDAINED, The Commissioner of Urban and Economic Development, the Planning Board, the Zoning Board of Appeals, Department of Codes, and any other appropriate city agency shall not issue any permission, permit, variance or other approval for the development and/or establishment of any battery storage facility for an additional period of 90 days, concluding on June 15, 2026. Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 16th day of April, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Submitted to council by: Councilmember Wasielewski Proposed Ordinance No. 4 Submitted to council on: 04 / 13 / 26 Proposed Resolution No. Sent to Council Attorney on: 04 / 13 / 26 Thursday Rule Waiver Required? N Date of Legislation: 04 / 15 / 26 Explanation provided to council on: / / CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Wasielewski AN ORDINANCE ESTABLISHING MINIMUM PUBLIC ACCESS HOURS FOR RESTROOM FACILITIES IN CITY PARKS WHEREAS, the parks of the City of Utica are held for the benefit and enjoyment of the public and serve as gathering spaces for residents and visitors; and WHEREAS, access to restroom facilities is a basic public amenity that supports the health, comfort, and dignity of individuals utilizing City parks; and WHEREAS, the Common Council recognizes that the warmer months bring increased park usage by families, children, seniors, and visitors attending recreational programs and community events; and WHEREAS, providing consistent and predictable access to restroom facilities during peak usage periods supports safe and accessible public spaces; and WHEREAS, establishing a minimum daily operating period for park restroom facilities ensures reasonable access while allowing the administration flexibility in staffing, maintenance, and operational logistics; and NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Utica, that the Mayor is authorized to implement the opening of all restroom facilities located within parks owned and operated by the City of Utica for public use for a minimum of four (4) hours per day, between the hours of 8:00AM to 8:00PM, during the period beginning Memorial Day and ending Labor Day of each calendar year, and BE IT FURTHER ORDAINED that the Mayor and the Department of Parks and Recreation shall determine the specific hours of operation for such facilities, provided that the minimum four-hour daily access requirement established herein is met, and BE IT FURTHER ORDAINED that for purposes of this ordinance, a restroom facility shall be considered available for public use only when it is unlocked, accessible to the public, stocked with toilet paper in each stall, functioning soap dispensers or hand sanitizer, operational plumbing fixtures providing running water, at least one accessible waste receptacle, and functioning interior lighting during all hours of required public access, and has been cleaned no less than once per day on any day it is open pursuant to this ordinance. A facility lacking any of the foregoing shall be deemed closed for purposes of compliance with this ordinance, and BE IT FURTHER ORDAINED that nothing in this ordinance shall require the opening of restroom facilities that are temporarily closed due to active plumbing repair, structural damage, a declared public health emergency, or a documented safety hazard requiring physical closure; however, closures based on staffing limitations alone shall not constitute a valid basis for exemption. In the event any restroom facility subject to this ordinance is closed for any reason, the administration shall post written notice at the facility stating the reason for closure and the anticipated reopening date within twenty-four (24) hours of closure. The administration shall make reasonable and good faith efforts to ensure that at least one restroom facility remains available for public use within each park where such facilities exist, and BE IT FURTHER ORDAINED that if any restroom facility subject to this ordinance remains closed to the public for a period exceeding five (5) consecutive days during the period beginning Memorial Day and ending Labor Day, the administration shall provide a written notice and explanation to the Common Council within two (2) business days stating the specific reason for the closure and the anticipated timeline for reopening, and BE IT FURTHER ORDAINED that the Mayor and the appropriate departments of the City shall ensure compliance with this ordinance. Inspection, monitoring, and securing of park restroom facilities may be performed by Parks Department personnel or by other authorized City employees, including but not limited to Code Enforcement Officers, Department of Public Works personnel, Police Officers, or other designated personnel, as determined by the administration. Nothing herein shall require the City to employ dedicated restroom attendants, and BE IT FURTHER ORDAINED that nothing in this ordinance shall be construed to create a private right of action against the City of Utica, nor shall the City be liable for temporary closures of restroom facilities resulting from vandalism, maintenance needs, staffing limitations, public health considerations, or other operational necessities, and BE IT FURTHER ORDAINED that the provisions of this ordinance shall be codified in the Code of Ordinances of the City of Utica and the City Clerk is authorized to make such stylistic or numbering changes as may be necessary to effectuate such codification, and BE IT FURTHER ORDAINED that this ordinance shall take effect immediately upon passage and filing with the City Clerk. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 H. Wasielewski AYES NAYS 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED / / 2026 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi Certify To: Budget, Comptroller Ordinance #56 of 2026 CITY OF UTICA Department of Legislation Common Council April 15, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa E & A Transfer – FY 2025-2026 ORDAINED, that the Comptroller for the City of Utica is hereby authorized and directed to make the following transfer of funds:  Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 16th day of April, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 1 CITY OF UTICA Department of Legislation Common Council April 15, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa COMMISSIONER OF DEEDS RESOLVED, that the Common Council does hereby approve the following person eligible for appointment to Commissioner of Deeds in and for the City of Utica, New York within the two-year term ending December 31, 2026: Olivia K. Dixon 1312 Steuben Street Utica NY 13501 (County Employee) Yeas: Aiello, Burmaster, Betar, Ervin, Carcone, Betrus, Wasielewski, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 16th day of April, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Resolution: 2 CITY OF UTICA Department of Legislation Common Council April 15, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa COMMISSIONER OF DEEDS RESOLVED, that the Common Council does hereby approve the following person eligible for appointment to Commissioner of Deeds in and for the City of Utica, New York within the two-year term ending December 31, 2026: Mia L. McKennon-Jimenez 13 Andes Ave. Utica NY 13502 (County Employee) Yeas: Aiello, Burmaster, Betar, Ervin, Carcone, Betrus, Wasielewski, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of a Resolution of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Resolution. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 16th day of April, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance #57 of 2026 CITY OF UTICA Department of Legislation Common Council April 15, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa E & A Transfer – FY 2025-2026 ORDAINED, that the Comptroller for the City of Utica is hereby authorized and directed to make the following transfer of funds:  Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 16th day of April, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk  Submitted to council by: Board of E&A Proposed Ordinance No. 9 Submitted to council on: 04 / 14 / 26 Proposed Resolution No. Sent to Council Attorney on: 04 / 14 / 26 Thursday Rule Waiver Required? N Date of Legislation: 04 / 15 / 26 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers LoMedico, Colosimo-Testa E & A Transfer – FY 2025-2026 BE IT ORDAINED, that the Comptroller for the City of Utica is hereby authorized and directed to make the following transfer of funds: Certify To: Budget, Comptroller Ordinance #58 of 2026 CITY OF UTICA Department of Legislation Common Council April 15, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa ORDINANCE ADDING ARTICLE XII OF CHAPTER 2-6 OF THE UTICA CITY CODE OF ORDINANCES ORDAINED, that Chapter 2-6, Article XI entitled “Vacant Building Registry” of the Code of Ordinances is amended to read as follows: Article XI Vacant Building Registry Sec. 2-6-400 Legislative findings and purpose. It is the finding of the Common Council that vacant buildings, by nature of their vacancy, impose disproportionate costs on the neighborhoods in which they are located and on the City of Utica at large. The purpose of this article is to provide City personnel with the knowledge they need to mitigate these costs and incentivize the owners of vacant buildings to rehabilitate and return them to occupancy. Sec. 2-6-401Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated in this section: CHIEF BUILDING OFFICER The person so designated by the Mayor, who is generally the Commissioner of Codes, or, in the absence of such Commissioner, the Chief Building Inspector for the City of Utica. ENFORCEMENT OFFICER A duly authorized representative of the Department of Codes Department. OWNER Those shown to be the owner or owners on the records of the City of Utica Department of Assessment, those identified as the owner or owners on a vacant building registration form, a mortgagor in possession, assignee of rents, receiver, executor, trustee, lease, or other person, firm or corporation in control of the premises. Any such person shall have a joint and several obligations for compliance with the provisions of this article. VACANT BUILDING Any building in which no occupant lawfully resides or no tenant is in lawful possession, or any building otherwise not being used for any lawful occupancy. For purposes of this article, buildings temporarily unoccupied for a period of less than six (6) months due to the temporary absence of the lawful owner shall not be considered vacant. The determination of whether a building is vacant will be made by the Codes Department, Fire Department, Police Department or any combination thereof. A vacant building where no code violations exist and which is unoccupied for less than 120 days is exempt from registration under either of the following circumstances; 1. Where the vacant building is the primary residence of, and owned by, a natural person; or 2. Where the vacant building is owned by a natural person and where a registered New York State licensed real estate agent has been retained to actively market the building Sec. 2-6-402 Vacant building registration. A. An owner of a vacant building shall register such building with the Codes Department immediately and renew said registration annually thereafter until the building is no longer vacant. B. The registration shall be submitted on forms provided by the Codes Department and shall include the following information supplied by an owner: (1) The property addresses; (2) The Tax Map identification (section, block and lot) number associated with the parcel improved by the building or structure; (3) The names, addresses, email addresses, and telephone numbers of all current owners. Registrants are responsible for giving updated information as needed; (4) The name, address, email address and telephone number of a person who resides in Oneida County or an adjoining county and who has the authority to act on the owner's behalf regarding the property in the event of an emergency; (5) The names and addresses of all known lienholders and all other parties with an ownership interest in the building and a statement indicating whether the property is the subject of any mortgage or tax foreclosure; (6) A statement as to whether the owner intends or owners intend to rehabilitate and reoccupy the building or, if not, a statement as to how the owner intends or owners intend to dispose of the property; (7) If the owner is a corporate entity, including, but not limited to, a corporation, limited liability corporation, professional limited liability company, or limited liability partnership, the name, address, email, and telephone number of an agent responsible for maintenance of the property, AND at least one active officer, partner and/or member of such entity, the registered address for the entity, and the state on which the entity is registered; and (8) Proof of property insurance. This requirement may be waived by the Chief Building Official upon a showing by the applicant that such insurance is not available for the subject property. C. As a condition of registration, all applicable laws and codes shall be complied with by the owner. The owner shall notify the enforcement officer of any changes in information supplied as part of the vacant building registration within 30 days of the change. D. A new owner shall register or reregister a vacant building with the enforcement officer within 30 days of any transfer of an ownership interest in a vacant building. E. Vacant building registration fees. (1) The owner of a vacant building shall pay an annual fee as set forth in Subsection (e)(2) of this section for the period the building remains a vacant building. The owner will pay the fee when put on the registry and subsequently the fee will be due and owed on January 1st of each following year while the building is on the registry (2) Fee schedule. a. For residential buildings of one to three units: 1. For years 1-5: $100. 2. For each subsequent year: $200. b. For residential buildings of four to six units, and mixed commercial and residential buildings of two or three residential units: 1. For years 1-5: $150. 2. For each subsequent year: $300. c. For residential buildings of seven or more units, and mixed commercial and residential buildings of four or more units: 1. For years 1-5: $200. 2. For each subsequent year: $400. d. For nonresidential buildings, the greater of: 1. For years 1-5: $200 or $0.05 per square foot. 2. For each subsequent year: $400 or $0.20 per square foot. e. The vacant building shall be registered prior to the issuance of a building permit, with the exception of a demolition permit. F. The Vacant Building Registry fee shall be the responsibility of the owner of the property and shall be paid by such person. The expense incurred shall be a lien against the real property and shall be assessed and levied as provided in this section. 1.The person responsible for paying the fee shall be notified of the amount of such cost by first-class mail sent to his/her address as shown on the assessor's records. The notice shall include a statement of determination of vacancy, the date of determination and cost of said fee. The notice shall also inform the person responsible of his right to appeal the determination and fee as provided in this section. The enforcing officer shall send a copy of the notice to the comptroller, who shall be responsible for collection of same. If the person responsible fails to pay the total amount due within 30 days after the mailing of said notice, then a late charge of $10 shall be assessed and added to the charge. If payment of a charge is delinquent as of March 20 following the incurring of the fee, then the comptroller shall cause the charge to be added to the next City tax bill and collected and enforced in the same manner as provided by law for the collection of taxes by the City. Prior to adding the charge to the City tax bill, there shall be imposed, an addition to the amount due, an additional administrative charge in the amount $10. 2. Any objection to the fee shall be made within 30 days after the mailing of the notice as provided in Subsection F. Such objection shall be in writing and filed with the Commissioner. The person responsible shall have an opportunity to present objections to the Commissioner either by personal appearance or in writing and the time to pay same without penalty shall be extended during the pendency of the appeal. The Commissioner shall determine the merits of the objection and notify the applicant and the comptroller in writing of the determination. G The enforcement officer shall document any property-specific engineering reports, written statements from community organizations, other interested parties or community residents regarding the condition, history, problems, status, or building influence of a vacant building. The enforcement officer shall also document any property-specific reports from the Police Department and Fire Department indicating vacant property status. Sec. 2-6-404Power to repair or abate violations. Where an owner or responsible party fails to maintain a vacant building or premises in compliance with any lawful standard, after notice and opportunity to be heard to such owner or responsible party, the Chief Building Official may correct the violation and pursue reimbursement for the cost of abatement under any authority available by law, including, but not limited to, Utica City Code § § 2-6- 100, 2-22-7, New York State Property Maintenance Code § 108.2, or any other equivalent law or ordinance. Sec. 2-6-405 Biannual reports. The Chief Building Official shall submit a biannual report not later than January 15 and July 15 of each year to the Mayor, Chief of the Fire Department, Corporation Counsel and Common Council containing not less than the following information: (a) The number of buildings in the City declared vacant in each category set forth in Section 2-6-402(e) under the provisions of this article; and  (b) The number of vacant building registrations filed or annually renewed with the Codes Department within each category. BE IT FURTHER ORDAINED, that this Ordinance shall take effect immediately. Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 16th day of April, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk Certify To: Budget, Comptroller Ordinance #59 of 2026 CITY OF UTICA Department of Legislation Common Council April 15, 2026 Sponsored by: Councilmembers LoMedico, Colosimo-Testa ORDINANCE ADDING ARTICLE XII OF CHAPTER 2-6 OF THE UTICA CITY CODE OF ORDINANCES ORDAINED, that Chapter 2-6 be amended to added Article XII entitled “Derelict Property Registry” of the Code of Ordinances to read as follows: Article XII. DERELICT PROPERTY REGISTRY Section 2-6-410. Legislative findings and purpose. The purpose of this Section is to protect the public health, safety, and welfare by establishing a registration program for properties demonstrating a pattern of chronic noncompliance with the City Code. Properties subject to repeated violations impose disproportionate burdens on municipal resources and negatively impact surrounding neighborhoods. This Section provides objective criteria for identifying and monitoring such properties. Section 2-6-411. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Article, have the meanings indicated in this section: CHIEF BUILDING OFFICER The person so designated by the Mayor, who is generally the Commissioner of Code Enforcement, or, in the absence of such Commissioner, the Chief Building Inspector for the City of Utica. ENFORCEMENT OFFICER A duly authorized representative of the Department of Codes. DERELICT PROPERTY Means any parcel of real property that meets the threshold criteria set forth in Subsection 2-6-412 of this Article. OWNER Those shown to be the owner or owners on the record with the City of Utica Department of Assessment; those identified as the owner or owners on a derelict property registration form; a mortgagor in possession, assignee of rents, receiver, executor, trustee, lesee, or other person, firm or corporation in control of the premises. Any such person shall have a joint and several obligations for compliance with the provisions of this Article. QUALIFYING CODES VIOLATION Any violation of any provision of the City Code, including but not limited to property maintenance, building, housing, fire, zoning, or sanitation regulations, as determined by a Notice of Violation, as defined in Section 2-6-30 of the City Code or service of an accusatory instrument charging including but not limited to the activities set forth above, issued by an authorized enforcement officer. REGISTRATION Means enrollment of a property on the City’s Derelict Property Registry pursuant to this Article. Section 2-6-412. Derelict Property . 1. A property shall be classified as a Derelict Property and shall be placed on the Derelict Property Registry when: a. The property has been issued three (3) or more separate Notice of Code Violations within any rolling twelve (12) month period; And; b. At least two (2) of the violations remain uncorrected beyond the time allowed for compliance, or the property demonstrates a recurring pattern of substantially similar Code violations. 2. Each Notice of Violation shall be counted separately if it relates to distinct violations or is issued on separate inspection dates. 3. Violations dismissed or vacated by a court of competent jurisdiction shall not count toward the threshold. 4.Once deemed a derelict property, the property shall be required to be placed on the registry by the Codes Department immediately and said registration will be renewed annually thereafter until the property is no longer out of compliance. Section 2-6-413. Registration Requirements 5. Once deemed a derelict property, the Codes Department shall provide the owner(s) by certified mail a notice with the following information: (1) A summary of qualifying violations; (2) The effective date of registration;  (3) Registration requirements and applicable fees; (4) Procedures for appeal pursuant to Subsection 2-6-418. 6. Registration shall take effect fifteen (15) days after mailing unless timely appealed. 7. The Owner shall, within thirty (30) days of registration: a. Submit a completed Derelict Property Registration Form; b. Provide current contact information for the Owner and any managing agent; c. Designate a local responsible party authorized to accept service of process; d. Pay the annual registration fee established under Subsection 2-6-415. e. The person responsible for paying the fee shall be notified of the amount of such cost by first-class mail sent to his/her address as shown on the assessor's records. The notice shall include a summary of qualifying violations; the effective date of registration; registration requirements and applicable fees; procedures for appeal pursuant to this Subsection. The enforcing officer shall send a copy of the notice to the comptroller, who shall be responsible for collection of same. If the person responsible fails to pay the total amount due within 30 days after the mailing of said notice, then a late charge of $10 shall be assessed and added to the charge. If payment of a charge is delinquent as of March 20 following the incurring of the fee, then the comptroller shall cause the charge to be added to the next City tax bill and collected and enforced in the same manner as provided by law for the collection of taxes by the City. Prior to adding the charge to the City tax bill, there shall be imposed, an addition to the amount due, an additional administrative charge in the amount $10. f. Any objection to the fee shall be made within 15 days after the mailing of the notice as provided in Subsection __. Such objection shall be in writing and filed with the Codes Commissioner. The person responsible shall have an opportunity to present objections to the Commissioner of Public Safety either by personal appearance or in writing and the time to pay same without penalty shall be extended during the pendency of the appeal. The Commissioner shall determine the merits of the objection and notify the applicant and the comptroller in writing of the determination. 2. Failure to register shall constitute a separate and continuing violation of this Code. Section 2-6-414. Ongoing Compliance 1. Properties on the Registry shall be subject to: a. Periodic inspections as determined by the Code Enforcement Department; b. Compliance plans where required; c. Enhanced penalties for subsequent violations. 2. Continued failure to correct violations may result in: a. Civil penalties; b. Municipal abatement; c. Recovery of costs through tax lien or special assessment; d. Any other remedies available at law or in equity. Section 2-6-415. Derelict Property Registration Fees. (1) The owner of a property placed on the Derelict Property Registry shall pay an annual fee as set forth below for the period the building remains on the Derelict Property Registry. (2) Fee schedule. a. For residential buildings of one to three units: 1. For the first year: $500. 2. For the second consecutive year: $750. 3. For the third consecutive year: $1,000. 4. For each subsequent consecutive year: $1,500. b. For residential buildings of four to six units, and mixed commercial and residential buildings of two or three residential units: 1. For the first year: $750. 2. For the second consecutive year: $1,000. 3. For the third consecutive year: $1,500. 4. For each subsequent consecutive year: $2,000. c. For residential buildings of seven or more units, and mixed commercial and residential buildings of four or more units: 1. For the first year: $1,000. 2. For the second consecutive year: $2,000. 3. For the third consecutive year: $3,000. 4. For each subsequent consecutive year: $4,000.  d. For nonresidential buildings, 1. For the first year: $1,000 2. For the second consecutive year: $2,000 3. For the third consecutive year: $3,000 4. For each subsequent consecutive year: $4,000 For purposes of this Section, “consecutive year” means uninterrupted placement on the Registry without qualifying removal under Section 2-6-417 of the City Code. (3). The Derelict Property Registry fee shall be the responsibility of the owner of the property and shall be paid by such person. The expense incurred shall be a lien against the real property and shall be assessed and levied as provided in this section. Section 2-6-416. Power to repair or abate violations. Where an owner or responsible party fails to maintain the derelict property or premises in compliance with any lawful standard, after notice and opportunity to be heard to such owner or responsible party, the Chief Building Officer may correct the violation and pursue reimbursement for the cost of abatement under any authority available by law, including, but not limited to, Utica City Code Section 2-6-100, Section2-22-7, New York State Property Maintenance Code Section 108.2, or any other equivalent law or ordinance. (a) Any owner, occupant, or person in charge of the property receiving multiple notices of violation directing the violation to be abated or removed within a rolling twelve-month calendar year shall be subject to an increased percentage of the expenses as set forth below: (1) Second notice of violation received: 125%. (2) Third notice of violation received: 150%. (3) Fourth notice of violation received: 175%. (4) Fifth or more notice of violation received: 200%. Section 2-6-417. Removal from Registry A property may be removed from the Derelict Property Registry upon: 1. Demonstrated compliance with all outstanding violations; and 2. A twelve (12) month period with no new Code Violations; and 3. Payment of all outstanding fees, fines, and municipal charges. Removal shall not waive previously incurred penalties. Section 2-6-418. Appeal 1. An Owner may appeal placement on the Registry within fifteen (15) days of notice. The Notice of Appeal must be written and filed with the Codes Commissioner. 2. Appeals shall be heard by the City’s Public Safety Commissioner within one hundred and twenty days (120) of the Notice of Appeal 3. The burden shall be on the Owner to demonstrate that the property does not meet the criteria set forth in Subsection 2-6-412. Section 2-6-419. Biannual reports. The Chief Building Officer shall submit a quarterly report not later than January 15 and July 15 of each year to the Mayor, Chief of the Fire Department, Corporation Counsel and Common Council containing not less than the following information: (a) The number of properties in the City declared derelict under the provisions of this article; and (b) The number of derelict property registrations filed or annually renewed with the Codes Department. Section 2-6-420. Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect. FURTHER ORDAINED, that this Ordinance shall take effect immediately. Yeas: Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-Testa, LoMedico – 9 Nays: 0 Adopted. STATE OF NEW YORK, CITY OF UTICA ) City Clerk’s Office ) ss. ) I hereby certify that I have compared the foregoing copy of an Ordinance of the Common Council with the record of proceedings of the Common Council of said City of Utica, duly made and on file in this office, and that same is a correct transcript therefrom and of the whole of said Ordinance. In TESTIMONY WHEREOF, I hereunto affix the Corporate Seal of said City, and subscribe my name, this 16th day of April, 2026 ____________________________________________________________________________ Melissa R. Sciortino, City Clerk