The purpose of this chapter is to assess costs to owners of real property and plaintiffs in foreclosure actions who have violated the laws of the Town of Hoosick and where the Town engaged in repair or replacement of personal property or removal of material, garbage, or rubbish from real property in the Town of Hoosick.
[HISTORY: Adopted by the Town Board of the Town of Hoosick 11-10-2014 by L.L. No. 2-2014. Amendments noted where applicable.]
A.
This chapter hereby repeals Local Law No. 5 of the Year 2007 and Local Law No. 1 of the Year 2013.
B.
The repeal of said local laws, however, shall not affect any act done, offense committed, or right accrued or acquired, or liability, penalty, forfeiture, or punishment incurred prior to the time such repeals take effect, but the same may be enjoined, asserted, enforced, and prosecuted, or included as fully and to the same extent as if such repeals had not been effected.
C.
All enforcement actions taken on or after the effective date of this chapter shall be subject to this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
Any real property that has become blighted, is in an unsanitary or unsafe condition, that is likely to cause sickness, disease or any injury to the life, health, safety or general welfare of the public and to the people of the Town of Hoosick; or
Any real property that has inadequate facilities for the ingress to or egress from such property in case of fire or other emergency; or
Any real property in such a condition that it is in violation of any state, federal or other municipal health, code, rule or regulation.
The Building Inspector of the Town of Hoosick.
All putrescible animal and vegetable waste resulting from growing, processing, marketing and preparation of food items, including any container in which such items are packaged.
Any property (other than real property and permanent buildings thereon), items and articles, organic or inorganic, composed of glass, wood, metal, plastic, paper, fabric, leather, rubber or any combination thereof, whether manufactured or not.
Any notice from the Building Inspector to a property owner as described in § 286-4C.
Any weeds, grasses, or annual plants and vegetation other than trees or shrubs that are in excess of 10 inches in height.
Any person who owns real property within the Town of Hoosick or any plaintiff in a foreclosure action involving real property within the Town of Hoosick.
Ordinary household or commercial trash such as paper and paper products, barrels, cartons, boxes, cardboard, cans, glass, metals, machinery, plastics, rubber, crates, furniture, rugs, clothing, rags, mattresses, blankets, cigarettes, tires, lumber, brick, stone and other building materials no longer intended or in condition for ordinary use, as well as any and all tangible personal property no longer intended or in condition for ordinary and customary use.
A.
The Building Inspector shall inspect any property located within the Town of Hoosick upon the complaint by any person or agency alleging a violation of any Town of Hoosick local law. No property within the Town of Hoosick shall contain overgrown grass.
B.
The Building Inspector shall report to the Town Board of the Town of Hoosick upon the Building Inspector's determination that:
C.
If the Building Inspector determines that a property owner's real property is a blighted property, a property owner is in violation of any Town of Hoosick local law relating to the removal of material, garbage, or rubbish from the property owner's real property, or a property owner's real property contains overgrown grass, the Building Inspector shall serve or cause to be served a notice thereof upon the property owner, containing a description of the particulars in which said real property has not been maintained. Any notice sent hereunder shall advise the property owner that the property owner may be personally liable for costs in an action by the Town against the property owner.
E.
The notice shall set forth a date, time, and place for a hearing to be held before the Town Board of the Town of Hoosick, at which time the property owner may appear and show cause why the condition affecting the property should not be remedied.
F.
If no person appears or if the Town of Hoosick Town Board finds in favor of the Building Inspector in the hearing described in § 286-4E herein, the property owner shall have five days from the date of the hearing to cause the real property to not be a blighted property, or to otherwise remove material, garbage, rubbish, or overgrown grass located on the real property in accordance with the notice.
G.
If the property owner fails to take any action required by § 286-4F, herein, the Town of Hoosick may repair or replace such personal property to cause the subject real property to not be a blighted property or remove any material, garbage, rubbish, or overgrown grass from the property owner's real property and, in any event, assess costs against the property owner.
H.
Notwithstanding anything in this § 286-4 to the contrary, in an emergency situation, the Town of Hoosick may take whatever action is reasonably necessary to remedy the emergency and assess the costs against the property owner.
I.
All costs assessed against the property owner under this § 286-4 may be collected by civil action, by the filing of a mechanic's lien, or by adding the cost to the property owner's Town taxes. These remedies are cumulative and are not exclusive, and the selection of any remedy available under this § 286-4I shall be at the sole discretion of the Town of Hoosick.
If any clause, sentence, paragraph, section or article of this chapter shall be adjudicated by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or article thereof directly involved in the controversy in which such judgment shall have been rendered.
This chapter shall take effect upon filing with the Secretary of State of the State of New York.