[HISTORY: Adopted by the Town Board of the Town of Galway 7-9-2013 by L.L. No.
2-2013. Amendments noted where applicable.]
GENERAL REFERENCES
Building Code administration and enforcement — See Ch. 40.
Unsafe buildings pose a threat to life and property in the Town
of Galway (the "Town"). Buildings and structures may become unsafe
by reason of damage by fire, the elements, age or general deterioration.
Vacant buildings not properly secure 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 by requiring that
such unsafe buildings be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings Law" for
the Town of Galway.
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 purposes.
The Code Enforcement Official of the Town of Galway or such
other person appointed by the Town Board to enforce the provisions
of this chapter.
The Town of Galway.
When the code enforcement officer, in his/her own opinion, or
upon receipt of information that a building: is or may become dangerous
or unsafe to the general public; is open at 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 purpose for which it may be lawfully used, he or
she shall cause or make an inspection thereof and report in writing
to the Town Board of the Town his/her findings and recommendations
in regard to its repair or demolition and removal.
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 is served upon the persons and in the manner provided
herein.
The notice shall contain the following:
A.
A description of the premises;
B.
A state 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 or 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
with 60 days thereafter, unless, for good cause shown, such time shall
be extended;
E.
A date and time and place for a 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 to secure or demolish and remove the building and its contents,
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 expense.
The said notice shall be served 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 Town Tax Collector or of the County
Clerk; or if no such person can reasonably be found, by mailing such
owner by registered mail a copy of such notice directed to his/her
last known address as shown by the above records; and 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 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 Saratoga.
In the event of the refusal or neglect of the person so notified to comply with the 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 an emergency as provided by § 41-11 hereof, any contract for demolition and removal of a building in excess of $20,000 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, and all reasonable and
necessary legal expenses incidental thereto, shall, at the option
of the Town Board, either:
Where it reasonably appears that there is present a clear and imminent danger to life, safety and 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 code enforcement officer to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be charged against the land on which it is located and shall be assessed, levied and collected as provided in § 41-10 hereof.
