This chapter is adopted pursuant to the general
powers granted to the Town of Stillwater by the Constitution and laws
of the State of New York, including in particular § 130,
Subdivision 16, of the Town Law, and the Public Health Regulations
of the Consolidated Health District of Stillwater.
This chapter hereby repeals Town of Stillwater
Local Law Number One of 1985 and Local Law Number One of 1993.
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING
Any man-made structure or portion thereof, on or within the
land.
TOWN OF STILLWATER or TOWN
The principal Building and Uniform Fire Code Enforcement
Officer of the Town of Stillwater or, in the event of the unavailability
of such officer, the Town Supervisor or Deputy Town Supervisor.
When in the opinion of the Town of Stillwater,
or upon receipt of information that a building 1) is or may become
dangerous or unsafe to the general public, or 2) is open at entry
points and windows, making it accessible to and an object of attraction,
to minors, vagrants, other trespassers, or 3) is or may become a place
of rodent infestation, or 4) is or may become a place to harbor illegal
activities, or 5) presents any other danger to the health, safety,
morals and general welfare of the public, or 6) is unfit for the purposes
for which it may lawfully be used, including human habitation, the
Town of Stillwater shall make or cause to be made an inspection thereof
and report, in writing, to the Town Board the Town's findings and
recommendations in regard to its repair or demolition and removal.
A copy of the aforesaid notice shall be posted
on the Town Bulletin Board and filed in the office of the County Clerk
of Saratoga County, which notice shall be filed by the County Clerk
in the same manner as a notice of pendency pursuant to Article 65
of the Civil Practice Law and Rules, and shall have the same effect
as a notice of pendency as therein provided, except as otherwise hereinafter
provided in this section. A notice so filed shall be effective for
a period of one year from the date of filing; provided, however, that
it may be vacated upon the order of a judge or justice of a court
of record or upon the consent of the Town Attorney. The County Clerk
of Saratoga County shall mark such notice and any record or docket
thereof as canceled of record upon the presentation and filing of
such consent or of a certified copy of such order.
In the event of the failure, refusal or neglect of the person so notified to comply with an order of the Town Board after a hearing pursuant to §
69-8 of this chapter, the Town Board shall provide for the ordered remediation of the unsafe condition either by Town employees or by contract. Except in emergency as provided in §
69-10 hereof, any contract for demolition and removal of a building shall be awarded through competitive bidding pursuant to General Municipal Law § 103.
All expenses incurred by the Town in connection
with the proceedings to repair, secure or to demolish and remove the
unsafe building, including the cost of the work and inspections and
any fees incurred by the Town for engineering and legal services,
shall be charged to the owner of the premises. In the event that the
owner fails to pay all such expenses within 30 days on the issuance
of a bill for such expenses, the Town Assessor shall transmit the
account of the unpaid expenses to the Treasurer of Saratoga County
who shall assess the total amount of such unpaid expenses against
the land on which such building is located and shall cause such total
of unpaid expenses to be levied and collected in the same manner as
provided in Article 15 of the Town Law for the levy and collection
of a special ad valorem levy.
No action may be maintained against the Town
of Stillwater and/or a duly designated Code Enforcement Officer of
the Town or any other agent of the Town for the value of damages for
injury to, or destruction of, property under the provisions of this
chapter.
The provisions of this chapter shall not supersede,
but rather shall be supplementary to, the provisions of law contained
in the Constitution, Eminent Domain Procedures Law, Executive Law,
General Municipal Law, Town Law, the Public Health Regulations of
the Consolidated Health District of Stillwater and any other applicable
local law, ordinance, rule or regulation.