Inherent in New York State Municipal Law, Municipal Home Rule
Law and the Village Code of the Village of Springville is the Village's
exercise of police power to help regulate persons and property for
the public purpose of securing the public health, safety, welfare,
comfort, peace and prosperity of the municipality and its inhabitants
(see Village of Carthage v. Frederick, 122 N.Y. 268). That police
power extends to providing for the public safety in addressing nuisances
and abating blighted real property.
Buildings and structures which are deteriorated or unfit or
unsafe for use or occupancy and in need of rehabilitation may require
the temporary and brief ownership of the building or structure for
the limited purpose of rehabilitation for the public purpose of maintaining
the quality of life and to mitigate blight and in strict adherence
to the present character of the neighborhood in which it is situated.
Upon a hearing and finding by the Village Board that the temporary
ownership of real property, buildings or structures is necessary for
nuisance abatement and blight reduction and for public health and
safety, the Village Board may vote to take ownership of the property
voluntarily surrendered by the owner to the Village for the sole purpose
of facilitating the transfer of the property to an owner qualified
to rehabilitate and make safe occupancy and keeping the real property,
buildings and structures for the public purpose of maintaining the
quality of life and to mitigate blight and in adherence to the present
character of the neighborhood in which it is situated.