[Adopted 11-14-2012 by L.L. No. 2-2012]
Unsafe buildings and collapsed structures, brush, grass, rubbish
or weeds may pose a threat to life and property values and interfere
with the reasonable use, enjoyment and value of nearby property in
the Town. Premises with such conditions may be an attractive nuisance
and danger to children, attract rodents and threaten public health,
decrease values of nearby property, prevent the normal use and enjoyment
of nearby property and diminish the aesthetic appearance of the neighborhood,
attract vagrants and persons of unlawful inclination, and increase
the risk from accidental and intentional fire. It is the purpose of
this article to provide for the safety, health protection and general
welfare of persons and property in the Town by providing for the correction
of such conditions.
As used in this article, the following terms shall have the
meanings indicated:
BUILDING
Any building, structure or portion thereof.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer or Building Inspector of the
Town or such other person appointed by the Town Board to enforce the
provisions of this chapter.
When in the opinion of the Code Enforcement Officer or upon receipt of information by the Code Enforcement Officer that property: 1) is or may become dangerous or unsafe; 2) is open at the doorways and windows making it accessible to and an object of attraction to children or to vagrants and other trespassers; 3) is or may become a place of rodent infestation; 4) presents any other danger to the health, safety, morals and general welfare of the public; or 5) is unfit for the purposes for which it may lawfully be used, or in any other manner is in such condition as to be contrary to the purposes and considerations set forth in §
98-1; the Code Enforcement Officer shall cause or make an inspection thereof and report, in writing, to the Town Board findings and recommendations in regard to correction of the condition of such property.
The Town Board shall thereafter consider such report and, by
resolution, determine, if in its opinion the report so warrants, that
such property condition is contrary to and in violation of this article
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 property condition is
contrary to and in violation of this article;
C. An order stating briefly the corrective action to be taken;
D. A statement that the correction of the condition of such property
shall commence within 30 days of the service of the notice and shall
be completed within 60 days thereafter, or such shorter or longer
time as the Town Board may determine, 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 property condition, which hearing shall be scheduled not less
than five business days from the date of service of the notice; and
F. A statement that in the event of neglect or refusal to comply with
the order, the Town Board is authorized to correct the condition up
to and including demolition or removal, to assess all expenses thereof,
including legal expenses and the reasonable charge for the use of
Town employees and equipment, against the land on which it is located
and to institute a special or in rem proceeding to collect the costs
and expenses, 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 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 any building or structure
on the property, if any.
A copy of the notice served as provided herein shall be filed
in the office of the County Clerk of the County of Rensselaer.
In the event of the refusal or neglect of the person or persons so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the correction of said conditions either by Town employees or by contract. Except in emergency, as provided in §
98-11 hereof, any contract for correction of said condition 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 demolishing or removing such building, and all
reasonable and necessary legal expenses incidental thereto, shall,
at the option of the Town Board, either:
A. 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; or
B. Be collected by commencement of a special proceeding against the
owner of said unsafe or dangerous building or structure pursuant to
General Municipal Law § 78-b.
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 condition is immediately corrected, the Town Board may, by resolution, order the immediate correction of said condition by the property owner or person in possession or control of the property or by the persons responsible for causing or allowing such condition or by the Town officer or employees, or by contract or by authorizing the Code Enforcement Officer to arrange for such correction. The expenses of such emergency correction shall be charged against the land on which it is located and shall be assessed, levied, and collected as provided in §
98-10 hereof.
In addition to assessment of costs provided for in §
98-10, any person, firm or corporation who shall violate any provision of this article shall, upon conviction, be subject to a maximum fine of $250 or a maximum term of imprisonment of 15 days, or both, for each offense. Each day that a property is in violation shall be considered a separate offense.