[HISTORY: Adopted by the Board of Trustees of the Village of Bath as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-15-1976 by L.L. No. 1-1976; amended in its entirety 9-21-2015 by L.L. No. 7-2015]
Editor’s Note: This local law also amended the chapter title.
The Board of Trustees of the Village of Bath, New York, shall provide for the removal or repair of any building or structure within the Village that, from any cause, may now be or may hereafter become dilapidated or deteriorated so as to be dangerous or unsafe to the public.
The Board of Trustees shall appoint an official who shall make an inspection and a report of such building or structure.
The Board of Trustees shall cause notice of such dilapidated or deteriorated building or structure to be served on the owner, the owner's executor, legal representative, agent, lessee or any other person having a vested or contingent interest in the property. Service of such notice shall be made personally or by registered mail, addressed to the last known address of the owner or of the owner's executor, legal representative, agent, lessee or other person having a vested or contingent interest in the property as shown by the records of the Receiver of Taxes or in the office of the Steuben County Clerk.
Such notice shall contain a description of the premises, a statement of the particulars in which said building or structure is dilapidated or deteriorated so as to be unsafe or dangerous and an order requiring the same to be made safe and secure or removed. Said notice shall direct that steps be taken within 20 days to commence repair or removal of said building. If service of such notice is made by registered mail, a copy of such notice shall be posted on the premises of the subject building or structure.
The person served with such notice shall commence the repair or removal of the building or structure within 20 days after such service. Repair or removal of such building or structure shall be complete within a time specified in such notice.
In the event of neglect or refusal of the person so served with notice to comply with the same, the Board of Trustees of the Village of Bath shall cause a survey of the subject building or structure. Said survey shall be made by a designated official of the Village of Bath and a practical builder, engineer or architect to be named by the Board of Trustees and by the owner or the owner's executor, legal representative, agent, lessee or other person served with the notice hereinabove mentioned who shall also name a practical builder, engineer or architect to participate in the survey.
A written report of the survey made by each builder, engineer or architect shall be submitted to the Board of Trustees within five working days after completion of the survey.
The Board of Trustees shall provide for the compensation of each surveyor and shall be reimbursed for such compensation as is hereinafter provided.
The Board of Trustees shall provide a copy of the survey of each surveyor to the persons served with notice as hereinabove provided and shall cause the posting of a copy of the report of the survey on the building.
The notice so served shall also state that, in the event that the building or other structure shall be reported dilapidated or deteriorated so as to be unsafe or dangerous under such survey, an application will be made at a special term of the Supreme Court of the State of New York not less than five nor more than 10 days thereafter for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or removed, and in the event that it is not so repaired, secured or removed by the owner, the owner's executor, legal representative, agent, lessee or other person served with the notice, then the subject building or structure shall be removed by the Board of Trustees.
All costs and expense incurred by the Village of Bath in connection with the proceedings to remove or secure said building, including the cost of survey by each practical builder, engineer or architect and also including but not limited to the cost of actually removing said building, shall be borne by the owner. In the event that the owner shall not pay for said cost, then such costs shall be assessed as a lien against the real property on which said building or structure is located.
[Adopted 4-18-1977 by L.L. No. 1-1977; amended in its entirety 9-21-2015 by L.L. No. 7-2015]
A program of purchasing, razing and selling real property with dwelling and structures situate thereon within the demonstration area of the Community Housing Improvement Program, as defined by resolution of the Board of Trustees enacted November 17, 1975, is hereby created. The responsibility for the administration of such program is hereby delegated to the Community Housing Improvement Program Steering Committee, hereinafter referred to as "CHIP."
When, in the opinion of CHIP, a building, dwelling or other structure within the CHIP demonstration area is dilapidated or deteriorated by lack of repair, fire or other cause to the extent that the cost of improvement would be beyond the benefit of the improvement to the property owner, CHIP is authorized as agent for the Village of Bath to contact such property owner and ascertain his receptivity to a purchase of the property by the Village under the terms and conditions hereinafter specified.
If, after such consultation with the property owner, CHIP determines that the purchase by the Village of the premises and the razing of that structure and resale of the land would be more beneficial to the inhabitants of the Village than would be condemnation proceedings, CHIP may recommend to the Board of Trustees that steps be taken by the Board of Trustees to acquire, raze and sell such property. CHIP shall consider the asking price of the owner, probable costs of razing the structure, informal estimation of value of the real property after the razing of the structure, the contribution to the protection of the safety, health, comfort and general welfare of the inhabitants of the Village of Bath, the protection of their property and the preservation of peace and good order and availability of 100% funding for such purchase, razing and resale by community development grants and assistance.
In the event that the Board of Trustees determines to pursue acquisition of the property under the program herein created, the Board of Trustees shall appoint two independent qualified real estate appraisers to make an appraisal and to determine the fair market value of the property and shall appoint a third independent qualified real estate appraiser to review the appraisals made by the first two appraisers. The fair market value determined by the review appraiser shall not be less than the lowest estimate of fair market value made by the first two appraisers and shall not exceed the highest estimate of fair market value made by the first two appraisers.
"Fair market value" is defined as the sum for which the property would sell in an open market with a willing seller and a willing buyer.
CHIP shall review the initial determination of the review appraiser with the owner. If, during the review, the owner offers relevant information which would affect the determination of the review appraiser, such information shall be considered by the review appraiser, and the effect of such consideration shall be stated in the final report of the review appraiser.
The Board of Trustees shall establish a just compensation to be offered to the owner based upon the aforesaid appraisals.
An offer to purchase the subject premises shall be made by the Board of Trustees to the owner at a price established as just compensation as hereinabove specified. The offer shall be only for real property and buildings, dwelling and structures situate thereon and shall not include removable fixtures or personal property.
The offer shall be in a fixed lump sum amount and include the following information:
That the offer is the full amount believed by the Village to be just compensation for the property.
That the offer is not less than the approved appraisal of the fair market value of the property.
That the offer disregards any decrease or increase in the fair market value caused by the project for which the property is to be acquired or by the likelihood that the property would be acquired for such project, other than that due to physical dilapidation or deterioration within the control of the owner.
That the offer does not reflect any consideration of or allowance for any relocation assistance or payments which the owner may be entitled to receive under any relocation programs of other governmental agencies, if any.
CHIP shall review the purchase offer with the owner. If during the review the owner offers further relevant information which would affect the determination of the fair market value, the Board of Trustees may modify the offer.
No owner shall be required to surrender possession of the property prior to receiving full payment of the agreed purchase price.
The Village shall pay the following expenses incident to transfer of title:
The purchase offer and the acceptance thereof by the owner shall contain any other covenants which the Village Attorney shall deem advisable and which are in keeping with prevailing practice in the conveyance of real property within the County of Steuben.
A copy of these procedures shall accompany the offer, and acceptance of the offer by the seller shall be deemed to be acknowledgment of receipt of a copy thereof.
In the event that the subject property is purchased by the Village, the razing of structures and the sale of the cleared lands shall be accomplished forthwith under such procedures as are required by law.
The purchase agreement and the deed to the Village shall contain a provision to the effect that a declaration of invalidity of this Article or any part or section thereof by a court of competent jurisdiction shall not work a forfeiture of the rights and title of the Village under the conveyance, nor shall the seller be entitled to any reversionary interest, reconveyance or repossession of the subject premises because of such adjudication.
The program created by this Article is effective only upon the availability of community development funds for the Village of Bath and upon the condition that all costs associated with the acquisition, razing and disposition of the subject property are funded 100% by community development funds.
Proceeds from the sale of cleared lands shall be credited to the account of the Community Housing Improvement Program, as described by resolution of the Board of Trustees November 17, 1975.