[HISTORY: Adopted by the Board of Trustees of the Village
of Bath as indicated in article histories. Amendments noted where
applicable.]
[1]
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
The Board of Trustees shall provide for the compensation of each
surveyor and shall be reimbursed for such compensation as is hereinafter
provided.
D.
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.
A.
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.
B.
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.
A.
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.
B.
"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.
A.
The Board of Trustees shall establish a just compensation to be offered
to the owner based upon the aforesaid appraisals.
B.
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.
C.
The offer shall be in a fixed lump sum amount and include the following
information:
(1)
That the offer is the full amount believed by the Village to be just
compensation for the property.
(2)
That the offer is not less than the approved appraisal of the fair
market value of the property.
(3)
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.
(4)
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.
A.
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.
B.
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:
A.
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.
B.
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.
