[HISTORY: Adopted by the Town Board of the
Town of Ballston 7-2-1985 as Art. 15 of L.L. No. 2-1985; readopted 9-5-2000 by L.L. No. 3-2000. Amendments
noted where applicable.]
[Amended 9-30-2003 by L.L. No. 4-2003]
When, in the opinion of the Building Inspector,
any structure or equipment located in the Town of Ballston appears
to be unsafe or dangerous to the public, he or she shall make a formal
inspection thereof and report, in writing, to the Town Board the findings
of said inspection and any recommendations in regard to its removal
or repair.
A.
General. When a structure or equipment is found to
be unsafe or when a structure is found unfit for human occupancy,
or is found unlawful, such structure shall be condemned pursuant to
the provisions of the Property Maintenance Code of New York State.
(1)
Unsafe structures: An unsafe structure is one that
is found to be dangerous to the life, health, property or safety of
the public or the occupants of the structure by not providing minimum
safeguards to protect or warn occupants in the event of fire, or because
such structure contains unsafe equipment or is so damaged, decayed,
dilapidated, structurally unsafe, or of such faulty construction or
unstable foundation that partial or complete collapse is possible.
(2)
Unsafe equipment: Unsafe equipment includes any boiler,
heating equipment, elevator, moving stairway, electrical wiring or
device, flammable liquid containers or other equipment on the premises
or within the structure which is in such disrepair or condition that
such equipment is a hazard to life, health, property or safety of
the public or occupants of the premises or structure.
(3)
Structure unfit for human occupancy: A structure is
unfit for human occupancy whenever such structure is unsafe, unlawful
or, because of the degree to which the structure is in disrepair or
lacks maintenance, is unsanitary, vermin- or rat-infested, contains
filth and contamination, or lacks ventilation, illumination, sanitary
or heating facilities or other essential equipment required by this
code, or because the location of the structure constitutes a hazard
to the occupants of the structure or to the public.
(4)
Unlawful structure: An unlawful structure is one found
in whole or in part to be occupied by more persons than permitted
under this code, or was erected, altered or occupied contrary to law.
B.
Vacant structure. Vacant structures shall comply with
Sections 311.1 through 311.4 of the Fire Code of New York State.
Said Town Board shall thereafter consider said
report and by resolution determine if said structure or building is
unsafe and dangerous and order its removal or repair if the same can
be safely repaired and further order that notice shall be given to
the owner or owners in the manner herein provided.
[Amended 9-30-2003 by L.L. No. 4-2003]
Whenever a structure or equipment has been condemned
under the provisions of the Property Maintenance Code of New York
State, a notice shall be posted in a conspicuous place in or about
the structure affected by such notice. If the notice pertains to equipment,
it shall also be placed on the condemned equipment. Notice shall consist
of the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building
or structure is unsafe or dangerous.
C.
An order requiring the same to be made safe and secure
or removed.
D.
Any causes stating:
(1)
That the securing or removal of said buildings or
structures shall commence within 30 days of the serving of the notice
and shall be completed within 60 days thereafter.
(2)
That in the event of neglect or refusal of the persons
and/or corporations served with the notice to comply with the same,
a survey of the premises will be made by an inspector and architect
to be named by the Town Board and by a practical builder, engineer
or architect appointed by said persons or corporations so notified.
(3)
That in the event of the refusal or neglect of the
persons or corporations so notified to appoint an inspector, the two
inspectors named by the Town Board shall make the survey and report.
(4)
That in the event that the buildings or other structures
shall be reported unsafe or dangerous under such survey, an application
will be made at a Special Term of the Supreme Court in the Judicial
District in which property is located for an order determining the
building or other structure to be a public nuisance and directing
that it shall be repaired and secured or taken down and removed.
(5)
That the land on which said buildings or structures
are located will be assessed for all costs and expenses incurred by
the Town in connection with the proceedings to remove or secure, including
the cost of actually removing said building or structure.
The notice shall be served in the following
manner:
A.
By personal service of a copy thereof upon the owner
or some one of the owners, executors, legal representatives, agents,
lessees or any other person having a vested or continued interest
in the premises as shown by the last proceeding completed assessment
roll of the Town; or if no person can be reasonably found, by mailing
to said owner, by registered mail, a copy of such notice directed
to his last known address.
B.
By personal service of a copy of such notice upon
any adult person residing in or occupying said premises, or if such
person cannot be reasonably found, by securely affixing a copy of
such notice upon the building or structure.
In the event of the neglect or refusal of the
persons so notified to comply with said order of the Town Board, a
survey of said premises shall be made in the following manner:
A.
The Town Board shall appoint an inspector and architect,
and the persons so notified shall appoint a practical builder, engineer
or architect who shall make said survey and submit a written report
thereon in regard to the unsafe or dangerous condition of said building
or structure. If the persons so notified shall refuse or neglect to
appoint an inspector within 40 days after service of the notice, the
two inspectors appointed by the Town Board shall proceed and report.
B.
A signed copy of such report shall be posted on said
structure.
C.
Prohibited occupancy. No person
shall occupy a placarded premises or shall operate placarded equipment.
[Added 9-30-2003 by L.L. No. 4-2003]
D.
Placard removal: The placard shall be removed whenever
the defect upon which the condemnation and placarding action were
based have been eliminated.
[Added 9-30-2003 by L.L. No. 4-2003]
E.
Imminent danger: When there is imminent danger of
failure or collapse of a building or structure which endangers life,
or when any structure or part of a structure has fallen and life is
endangered by the occupation of the structure, or when there is actual
or potential danger to the building occupants or those in the proximity
of any structure because of explosives, explosive fumes or vapors
or the presence of toxic fumes, gases or materials, or operation of
defective or dangerous equipment, the occupants shall vacate the premises
forthwith. There shall be posted at each entrance to such structure
a notice reading as follows: “This Structure is Unsafe and Its
Occupancy Has Been Prohibited by the Code Enforcement Official.”
It shall be unlawful for any person to enter such structure except
for the purpose of securing the structure, making the required repairs,
removing the hazardous condition or of demolishing the same.
[Added 9-30-2003 by L.L. No. 4-2003]
[Amended 9-30-2003 by L.L. No. 4-2003]
A.
In the event that the building or other structure
shall be reported unsafe or dangerous under such survey, the Town
Board may pass a resolution directing the Supervisor of the Town to
make an application at a Special Term of the Supreme Court of the
State of New York in the judicial district in which the property is
located, for an order determining the building or other structure
to be a public nuisance and directing that it shall be repaired and
secured or taken down and removed.
B.
Application for variance or appeal: Variance or appeal
from any part of this code shall be in accordance with the provisions
of 19 NYCRR, titled “Variance Procedures,” which is administered
by the Secretary of State. No town, village, city or
county, nor any state agency charged with the administration and enforcement
of the Property Maintenance Code of New York State may waive, modify
or otherwise alter this code.
A.
All costs and expenses incurred by the Town in connection
with the proceedings to remove or secure, including the cost of actually
removing said building or structure, shall be assessed against the
land on which said buildings or structures are located.
B.
Said inspectors shall be paid reasonable compensation
for the service performed by them in making their survey and in preparing
the report thereof.
Notwithstanding any other remedy available under
this chapter or any other law, any person who violates this chapter
or fails to comply with any of its requirements shall, upon conviction
thereof, be fined not more than $250 or imprisoned for not more than
15 days, or both. Each day of noncompliance shall be considered a
separate offense.
