[Adopted 3-15-1976 by L.L. No. 1-1976; amended in its entirety 9-21-2015 by L.L. No.
7-2015]
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 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.
[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.
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 Village shall pay the following expenses incident to transfer
of title:
A. Legal services for preparation of title documents.
B. Transfer tax and recording fees.
C. Mortgage prepayment penalties.
D. Proration of taxes and municipal charges.
E. Updating of title search to assure complete free and clear marketable
title for 40 years preceding the date of purchase.
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.