This chapter shall hereinafter be known and
cited as "Unsafe Buildings."
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING
Any house, basement, cellar, wall, cottage, lot, shed, garage,
well, fence, storage tank, underground container, pole, smokestack,
excavation, building, structure or portion thereof used for residential,
business, industrial, recreational or other purpose.
OWNER
Any person, agent, operator, firm, association, organization,
partnership, company, corporation, beneficiary, trust, trustee, and
all other persons having a legal or equitable interest in the property;
or recorded in the official records of the state, county or municipality
as holding title to the property; or otherwise having control of the
property, including the guardian of the estate of any such person,
and the executor or administrator of the estate of such person if
ordered to take possession of real property by a court.
[Added 9-20-2007 by Ord. No. 1814]
UNSAFE BUILDING OR STRUCTURE
A building or structure which is structurally unsound, unsanitary
or not provided with adequate ingress or egress or which constitutes
a fire hazard or which has become unsafe by reason of damage by fire,
the elements, age or general deterioration or which, in relation to
an existing use, constitutes a hazard to public health, safety or
welfare by reason of inadequate maintenance, dilapidation, obsolescence
or abandonment or which is otherwise dangerous to human life, or which
has become a blighting influence on nearby properties and thereby
depreciating the enjoyment and use of property in the immediate vicinity
to such an extend that it is harmful to the community in which such
structure is situated.
[Amended 9-20-2007 by Ord. No. 1814]
It shall be unlawful for any owner, as defined in §
128-4 of this chapter, tenant or occupant of any building or structure or portion of any building or structure in the City of Watervliet to maintain such building or structure or portion of any building or structure in any condition or manner which shall be unsafe as defined in §
128-4 of this chapter.
The Building Inspector of the City of Watervliet
is hereby authorized to be and shall be the enforcement officer of
this chapter.
The Building Inspector shall make inspections
of all unsafe buildings or structures within the City of Watervliet.
Whenever the Building Inspector suspects the existence of a dangerous
or unsafe building, he shall inspect the premises on which the suspected
unsafe structure exists, securing a search warrant if necessary. A
written report of the inspection and the findings with respect to
the existence of an unsafe building shall be prepared by the Building
Inspector or an engineer hired by the City of Watervliet and filed
with the Building Department, Fire Department, City Clerk, and Corporation
Counsel.
An owner receiving an order to repair or demolish
shall apply for an applicable building permit or demolition permit
pursuant to the City Code before beginning work on the structure.
Said application shall be accompanied by adequate plans and specifications
as required by the Building Inspector. Any permit issued will have
a time limit fixed for the modifications. Said time limit may be extended
by the Building Inspector for good cause shown.
An order to repair or demolish shall be filed
in the office of the Albany County Clerk and shall be filed by the
Clerk in the same manner and have the same effect as a notice of pendency
pursuant to Article 65 of the Civil Practice Law and Rules of the
State of New York. 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 the court of record
or upon consent of the Corporation Counsel of the City of Watervliet.
[Amended 9-20-2007 by Ord. No. 1814]
Where it reasonably appears that there is present a clear and immediate danger to the life, safety or health of any person or property unless an unsafe building is immediately repaired and secured or demolished and removed, the City of Watervliet may take appropriate actions pursuant to its police power to cause the repair or demolition and removal of such unsafe building. In such an event, the notification procedures and limitations set forth in this chapter need not be complied with. In addition, the Building Inspector shall contract with a private company(s) for removal of such building or structure without City Council approval. The expenses of such repair or demolition and removal, including legal expenses, shall be a charge against the land on which it is located and shall be assessed, levied, and collected as provided by §
128-14; provided, however, that the owner and all other persons having an interest in the property are provided with notice, served as provided by §
128-8, and an opportunity to be heard before the assessment of any lien against the land.
In addition to the remedies provided by this
chapter, the City Council of the City of Watervliet may request that
the Corporation Counsel make an application to the Supreme Court for
an order determining the building to be an unsafe building and directing
that it shall be repaired and secured or demolished.
[Amended 9-5-2013 by Ord. No. 1904]
In the event of neglect or refusal of the person so notified to comply with said order from the Building Inspector, the Building Inspector is hereby authorized to employ labor and furnish materials and equipment to demolish said building or to make such modifications as to make it safe. Except in public emergencies that require immediate action, any contract for repair or demolition in excess of $35,000 shall be awarded by competitive bidding pursuant to General Municipal Law §
103. The value of said work and materials shall be paid by the City of Watervliet, and the cost thereof shall be a lien against the property concerned and shall be collected by the City like other taxes and assessments.
The City of Watervliet is authorized, after
due demand having been made therefor, to commence an action at law
in any court of competent jurisdiction to collect the costs of the
demolition and/or modification of such property from the owner of
any demolished building pursuant to this chapter.
The transfer of title by the owner of the premises
upon which an unsafe building is located shall be no defense to any
proceedings under this chapter.
Any person, firm, association, organization, partnership, company or corporation who shall violate any provision of this chapter shall be guilty of a violation and shall be subject to a penalty as set forth in Chapter
1, General Provisions, Article
III, General Penalty. In case of a continued violation, each day's continuance thereof shall be deemed to be a separate and distinct violation of this chapter.