Village of South Glens Falls, NY Buildings, Unsafe

The purpose of this chapter is to promote and preserve the health, welfare and property of the residents of and owners of property located within the Village of South Glens Falls by providing a method for the removal or repair of buildings within the limits of said village that, from any cause, may now be or shall hereafter become dangerous or unsafe to the public.

§ 53-2 Unsafe buildings prohibited.

No person, firm, corporation or association owning,. possessing or controlling a building in the Village of South Glens Falls, Saratoga County, New York, shall permit, suffer or allow said building now or hereafter to be or to become dangerous or unsafe to the public from any cause whatsoever.

§ 53-3 Inspection of buildings alleged to be unsafe; notice to owner.

In the event that it shall come to the attention of the Board of Trustees that any building in the Village of South Glens Falls may be dangerous or unsafe to the public, the Board of Trustees shall appoint one of its members or employees as a committee of one to inspect the alleged unsafe building. Said committee shall make an inspection of said building and a complete report of its condition to the Board of Trustees. In the event that the Board of Trustees shall deem said building dangerous or unsafe to the public, the Board of Trustees shall cause notice to be served on the owner or some one of the owners, executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the same, either personally or by registered mail, addressed to the last known address, if any, of the owner or some one of the owners, executors, legal representatives, agents, lessees or some other person having a vested or contingent interest in the same, as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk, containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring the same to be made safe and secure or removed. If such notice is made by registered mail, a copy of such notice is to be posted on the premises. Said notice shall require the person served therewith to commence the securing or the removal of said building or structure within a reasonable period of time, which period shall be determined by the Board of Trustees of the Village of South Glens Falls.

§ 53-4 Failure to comply with notice.

In the event of the neglect or refusal of the person served with said notice to fully comply with the same, a notice of survey shall be served upon such person in the manner prescribed by § 53-3 of this chapter, notifying such person that a survey of the premises will be made, at the time and place specified in such notice, by an official of the Village of South Glens Falls, a practical builder, engineer or architect to be named by the Board of Trustees and designated in said notice and a builder appointed by said owner; and in the event of the refusal or neglect of said person so notified to appoint such surveyor and to cause his attendance at the designated time and place, the two surveyors named shall make the survey and report. The notice shall state that, in the event that the building or other structure shall be reported unsafe or dangerous under such survey, an application will be made at a Special Term of the Supreme Court in the Fourth Judicial District, not less than five nor more than 10 days thereafter, for an order determining the building or structure or any part thereof to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.

§ 53-5 Posting copy of report of survey.

A copy of the report of survey shall be posted on the building which has been surveyed.

§ 53-6 Assessment of costs.

All costs and expenses incurred by the Village in connection with the removing, demolishing, repairing or vacating of any dangerous building or structure as determined pursuant to this chapter, including surveyor's fees, attorney's fees, advertising costs, title searches and all other expenses, shall, when properly certified by the Board of Trustees, be audited and paid by the Village the same as any other claim against the Village. A bill for such expenses shall be presented to the owner or person who is notified pursuant to § 53-3 of this chapter and in the same manner as provided in § 53-3 of this chapter or, if said bill cannot be served in that manner, then by posting the same in a conspicuous place on the premises. If such owner shall fail to pay the same within 10 days thereafter, the Board of Trustees shall file a certificate of the actual expenses incurred as aforesaid with a statement as to the property in connection with which such expenses were incurred, with the assessors of the Village who shall, in the preparation of the next assessment roll of general village taxes, assess such amount upon such property and against such building or structure and the lot or land upon which the same is situate, and said bill shall be levied, collected and enforced in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property assessed as the general village tax and as a part thereof.

§ 53-7 Emergency cases.

In cases of greater emergency where the delay of proceedings, as hereinbefore provided, would result in probable loss of life or property, the Board of Trustees shall have the power to proceed at once to take such action as is needed to guard the safety of persons and property. In such cases the Board of Trustees shall have the full power and authority to provide all necessary means therefor, and all expenses therefor shall be paid and collected as provided in § 53-6 hereof.