[HISTORY: Adopted by the Town Board of the Town of Johnstown 11-17-1980 by L.L. No.
1-1980. Amendments noted where applicable.]
Unsafe buildings pose a threat to life and property in the Town
of Johnstown. Buildings and structures may become unsafe by reason
of damage by fire, the elements, age or general deterioration. Vacant
buildings not properly secured at doorways and windows also serve
as an attractive nuisance for young children, who may be injured therein,
as well as a point of congregation by vagrants and transients. A dilapidated
building may also serve as a place of rodent infestation, thereby
creating a health menace to the community. It is the purpose of this
chapter to provide for the safety, health, protection and general
welfare of persons and property in the Town of Johnstown by requiring
such unsafe buildings to be repaired or demolished and removed.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof used for residential,
business or industrial purpose.
The Building Inspector of the Town of Johnstown or such other
person appointed by the Town Board to enforce the provisions of this
chapter.
When in the Building Inspector's opinion or upon receipt of
information that a building is or may become dangerous or unsafe to
the general public; is open at the doorways and windows making it
accessible to and an object of attraction to minors under 18 years
of age, as well as to vagrants and other trespassers; is or may become
a place of rodent infestation; presents any other danger to the health,
safety, morals and general welfare of the public; or is unfit for
the purposes for which it may lawfully be used, he shall cause or
make an inspection thereof and report in writing to the Town Board
his findings and recommendations in regard to its repair or demolition
and removal. The Building Inspector may appoint, with the consent
of the Town Supervisor, an engineer, architect or a practical builder
to inspect the premises and assist him with the written report of
findings and recommendations.
The Town Board shall thereafter consider such report and by
resolution determine, if in its opinion the report so warrants, that
such building is unsafe and dangerous and order its repair, if the
same can be safely repaired, or its demolition and removal, and further
order that a notice be served upon the persons and in the manner provided
herein.
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building is unsafe or
dangerous.
C.
An order outlining the manner in which the building is to be made
safe and secure or demolished and removed.
D.
A statement that the securing or removal of such building shall commence
within 30 days of the service of the notice and shall be completed
within 60 days thereafter unless for good cause shown such time shall
be extended.
E.
A date, time and place for a hearing before the Town Board in relation
to such dangerous or unsafe building, which hearing shall be scheduled
not less than five business days from the date of service of the notice.
F.
A statement that in the event of neglect or refusal to comply with
the order to secure or demolish and remove the building, the Town
Board is authorized to provide for its demolition and removal, to
assess all expenses thereof against the land on which it is located
and to institute a special proceeding to collect the costs of demolition,
including legal expenses.
The said notice shall be served:
A.
By personal service of a copy thereof upon the owner, executor, administrator,
agent, lessee or any person having a vested or contingent interest
in such unsafe building as shown by the records of the Receiver of
Taxes (or Tax Collector) or of the County Clerk or, if no such person
can be reasonably found, by mailing to such owner by registered mail
a copy of such notice directed to his last known address as shown
by the above records; and
B.
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
C.
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 County Clerk of the County of Fulton.
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the demolition and removal of such building or structure either by town employees or by contract. Except in emergency as provided in § 14-10 hereof, any contract for demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding.
All expenses incurred by the town in connection with the proceedings
to repair and secure or demolish and remove the unsafe building, including
the cost of actually removing such building, shall be assessed against
the land on which such building is located and shall 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.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe building is immediately repaired and secured or demolished, the Town Board may by resolution authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which said building is located and shall be assessed, levied and collected as provided in § 14-9 hereof.
The engineer, architect or practical builder appointed as provided
herein shall be paid reasonable compensation as shall be fixed by
the Town Board.
