[HISTORY: Adopted by the Board of Trustees of the Village of Ballston
Spa 7-10-1995 by L.L. No. 6-1995. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 205.
A.
Unsafe buildings pose a threat to life and property in
the Village of Ballston Spa. Buildings (and structures) may become unsafe
by reason of fire, the elements, age, abandonment, damage, poor maintenance,
general deterioration, neglect or other cause. Such unsafe buildings (and
structures) pose a hazard of fire, contagion and pestilence (through provision
of harboring and breeding areas to rodents or other disease vectors) and injury
due to dilapidation and unsafe condition. They diminish property values and
affect adversely the health, safety and well-being of persons and property
in the Village. Through their presence they could blight this community and
detract from its appearance and its reality as a safe, suitable and healthy
place to live, work and raise families. This chapter proposes to provide for
the protection, order, safety, health, comfort, general welfare and well-being
of persons and property in the Village pursuant to powers invested in the
Village by the New York State Constitution, Municipal Home Rule Law, Statute
of Local Governments and Village Law and other laws by requiring that such
unsafe buildings be repaired or demolished and removed.
B.
The Board of Trustees further finds that the repeal of
the unsafe buildings provisions of Subsection 7-a of former § 89
of the Village Law of 1909 by L. 1972, c. 892, § 1, did not intend
to remove from Villages the power to address such insalubrious conditions
but merely to replace the myriad of unwieldy specific powers bestowed on this
class of municipality by the former § 89 with a "broad grant of
general power" as provided by § 57 of such L. 1972 c. 892.
This chapter shall be known as the "Unsafe Buildings Law" of the Village
of Ballston Spa.
As used in this chapter, the following terms shall have the meanings
indicated:
Any building, structure or portion thereof used, formerly used or
apparently now or formerly intended for residential, business or industrial
purpose and/or the grounds adjacent thereto.
The Building Inspector of the Village of Ballston Spa.
The Village Board of Trustees of the Village of Ballston Spa.
No building within the corporate geographic boundaries of the Village
of Ballston Spa shall be kept, maintained, become or otherwise exist in such
a manner as to be:
A.
Unreasonably dangerous or unsafe to the general public;
B.
A place of actual or potential rodent infestation;
C.
So unreasonably dilapidated, unreasonably poorly maintained,
unreasonably deteriorated, unreasonably neglected or so unreasonably damaged
as to comprise a hazard to the health, safety and/or well-being of persons
and property in the Village; or
D.
Unreasonably unsanitary.
When in his/her own opinion or upon receipt of information that a building is violative of the standards contained in § 99-4 of this chapter, the Building Inspector and any other official duly appointed by the Village Board shall cause or make inspection thereof and report, in writing, to the Village Board of his/her/their findings and recommendations in regard to the termination of such conditions.
A.
The Village Board shall thereafter consider such report and by resolution determine, if in its opinion the report so warrants, that such building is violative of any of the requirements contained in § 99-4 of this chapter.
B.
The Village Board shall then order such violations of any requirement of § 99-4 of this chapter to be remedied, corrected, repaired and/or otherwise made safe and secure and/or the building's demolition and removal. The Village Board shall further order that a notice be posted and served upon the persons hereinafter stated in the manner hereinafter provided. The Board, in such order, shall determine such reasonable times in which such action must commence and be completed, having due regard for all the circumstances of the matter.
The notice described in § 99-6B of this chapter shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building is violative of the requirements contained in § 99-4 of this chapter.
C.
An order outlining the manner in which the violation is to be remedied, corrected, repaired and/or otherwise made safe and secure and/or to be demolished and removed. The notice shall also contain a statement that such action must commence within such time after the service of the notice as the Village Board has, in its order referred to in § 99-6B hereof, determined and shall be completed within such time after such service as the Village Board has, in its aforesaid order, determined unless the Village Board of Trustees, for good cause shown and in its discretion, extends such time.
D.
Notice of a hearing before the Village Board and the date, time and place thereof in relation to the violation of § 99-4 and the action ordered to be taken to address the same, which hearing shall be scheduled not less than five business days from the date of service of the notice and no more than 12 days from the date of service of such notice.
E.
A statement that, in the event of failure or refusal
to comply with the order directing action to be taken as aforesaid within
the aforesaid times, the Village Board is authorized to provide for the remedy,
correction and/or repair of the conditions and/or otherwise make the building
safe and secure or provide for the building's demolition and removal
as aforesaid and to assess all expenses thereof against the land on which
it is located and to institute a special proceeding to collect the costs of
such action, including but not limited to legal, surveying, engineering and
architectural expenses.
The notice described in § 99-7 of this chapter shall be served by personal service of a copy thereof upon the owner, executor, administrator, legal representative, agent, lessee or any other person having a vested or contingent interest in such unsafe building as shown by the records of the receiver of taxes and/or records in the office of the County Clerk or, if such person cannot be reasonably found, by mailing such person, by registered mail, a copy of such notice directed to his/her last known address as shown by the above records; and by personal service of a copy of such notice upon any adult person residing in or occupying said premises if such person can be reasonably found; and by securely affixing a copy of such notice upon the unsafe building.
A copy of the notice served as provided herein shall be filed in the
office of the Village Clerk of the Village of Ballston Spa.
A hearing shall be held before the Village Board of Trustees at the time and place stated in the notice described in § 99-7 of this chapter.
A.
In the event of the refusal or failure of the persons notified herein to comply with said order of the Village Board within any time provided in the notice and after the hearing, the Village Board shall provide for the remedy, correction and/or repair of such condition or conditions and/or otherwise making the building safe and secure and/or the demolition and removal of such building. Such action may be taken either by Village employees or by contract. Such action shall not differ substantially from that ordered pursuant to § 99-6B hereof and specified in the notice pursuant to § 99-7C hereof.
B.
The Village Board, prior to the commencement of such action, shall cause to be served upon the persons and in the manner provided in § 99-8 a final notice that the Board intends to provide for such action either by town employees or by contract and specifying which of such actions is to be taken.
All expenses and costs incurred by the Village in connection with the
proceedings to take action authorized by this chapter and in connection with
the taking of such action, including the cost of actually removing such building
and all costs incidental thereto, shall be a charge against the land on which
the affected building is located and shall be assessed against the land on
which such building is located and shall be levied and collected in the same
manner as the levy and collection of a special ad valorem levy.
