[HISTORY: Adopted by the Town Board of the Town of Milton 9-22-2021 by L.L. No. 4-2021. Amendments noted where applicable.]
Unsafe buildings and abandoned properties pose a threat to the
health, life, and safety of the residents and property in the Town
of Milton. Buildings and structures may become unsafe by reason of
damage by fire, the elements, age or general deterioration or lack
of maintenance. Vacant buildings not properly secured at doorways
and windows serve as an attractive nuisance for young children who
may be injured therein, serve as a point of congregation by vagrants
and transients, and unmaintained grounds and yards create the potential
for harm to the health and safety of the neighbors due to animal and
rodent infestation, disease, lack of access for emergency vehicles
over driveways and for the public over sidewalks, and general unsightliness.
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 of Milton by requiring
that such unsafe buildings and grounds be repaired, maintained, tended
to, demolished or removed.
This chapter shall be known as the "Unsafe, Abandoned Properties
and Structures Law of the Town of Milton."
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof used for residential,
business, storage or industrial purpose.
The Supervisor or head of the Building/Zoning Department,
or the Code Enforcement Officer, or his/her designee or any person
appointed by the Town Board to enforce the provisions of this chapter.
Any real property containing a residential or commercial
building that, independently or in the context of all facts and circumstances,
would lead a reasonable enforcement official to conclude that a property
is vacant, abandoned, is occupied by a person without legal right
of occupancy, or is in the process of foreclosure. Such real property
conditions to be considered include but are not limited to overgrown
or dead vegetation exceeding 10 inches in height, accumulation of
newspapers, flyers, circulars of junk mail, past-due utility notices
or disconnected utilities, accumulation of junk, trash or debris,
absence of window covering such as curtains, blinds or shutters, the
absence of furnishings or personal items consistent with habitation,
as well as the statements of neighbors, delivery agents, and governmental
employees indicating that the property is vacant, including evidence
that such property is in the process of any foreclosure proceeding.
A space unoccupied by structures on the same lot with a building
or structure.
When in his own opinion or upon receipt of information that
a building or premises is or may become dangerous or unsafe to the
general public; is open at the 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; is unkept and dangerous
due to lack of access for emergency vehicles over driveways and access
over sidewalks; or is unfit for the purposes for which it may lawfully
be used, the Building Inspector and/or such other person(s) designated
by the Town Board, including but not limited to surveyor(s), architect(s),
structural engineer(s), safety engineer(s) and demolition contractor(s),
shall cause or make an inspection thereof and report in writing to
the Town Board of his (their) findings and recommendations in regards
to the repair, maintenance or demolition and removal of such a building,
or the care and maintenance of the yard and premises.
The Town Board shall thereafter consider such report and by
resolution determine, if in its opinion the report so warrants, that
such building or grounds are unsafe and dangerous and order it cleared,
repaired or secured if the same can be safely repaired or secured,
or its demolition and removal and further order that a notice be served
upon the persons in the manner provided herein. Securing the property
shall also include clearing of sidewalks, driveways, and fire hydrants,
pest control, and securing the house, buildings or structures.
The notice shall contain the following:
A.
A description of the premises.
B.
A statement 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 and 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
within 60 days thereafter unless the Town Board, for good cause shown,
and in its discretion, extends such time.
E.
A date, time and place for a hearing before the Town Board in relation
to such dangerous or unsafe building, which hearing shall be scheduled
not less than five business days from the date of service of the notice.
F.
A statement that, in the event of neglect or refusal to comply with
the order to secure, repair or demolish and remove the building, the
Town Board is authorized to provide for its repair or demolition and
removal, to assess all expenses thereof against the land on which
it is located and to institute a special proceeding if needed to otherwise
collect the costs of demolition, including but not limited to legal,
surveying, engineering and architectural expenses.
A.
Abandoned, unoccupied or foreclosed buildings and residential housing
units. In the case of abandoned, unoccupied buildings or residential
housing units, or such property in any foreclosure proceeding, the
Building Inspector or other person designated by the Town Board shall
determine if any unkept or neglected property, open and neglected
swimming pools or fencing, or any accumulation of weeds, brambles,
berry vines, or other vegetation in the yards of such property which
is overgrowing any structure or which exceeds an average height of
10 inches, except that which is kept in a neat and orderly manner
for human consumption, or any accumulation of dead organic matter,
offal, rat harborages, stagnant water, combustible materials and similar
materials, or the need for snow removal for access to driveways and
sidewalks for emergency vehicles or pedestrian traffic, or any other
conditions which would constitute a fire, health, or safety hazard
or concern.
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the accumulation of such
material, or the neglect of lawns, shrubs, a swimming pool or fencing,
or accumulation of snow or ice, or garbage and rubbish constitutes
a fire, health, and/or safety hazard.
C.
An order outlining the manner in which the building, premises or
yard is to be maintained as reasonably necessary to mitigate any fire,
health or safety hazard identified.
D.
A statement that the accumulation of such material shall be removed
or corrected, or premises repaired within 30 days of the service of
the notice unless the Building Inspector, for good cause shown, and
in his discretion, extends such time.
E.
A date and time and place by which objections to the Inspector's
determination shall be heard or received in relation to such notice.
F.
A statement that, in the event of neglect or refusal to comply with
the order to maintain the premises as reasonably necessary and provided
in the notice, the Building Inspector shall provide for the cutting
or removal of such overgrown yards, shrubs, brambles, weeds, and any
accumulation of such organic material, or the removal of garbage,
rubbish, snow and/or ice, as is reasonably necessary to mitigate the
infestation, fire, health or safety hazard and shall assess all expenses
thereof against the land on which it is located in the manner provided
and/or by tax levy, and if necessary, to institute a special proceeding
to collect said costs.
G.
A statement providing that persons or mortgagees have an opportunity
to object to the proposed action and shall be heard prior to action
by the Town.
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 or
abandoned or unkept structure or premises as shown by the records
of the receiver of taxes (or tax collector) or of the county clerk,
or, if not 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; or 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; or by securely
affixing a copy of such notice upon the unsafe building, or, in the
case of a vacant, abandoned or foreclosed upon property, by affixing
the notice upon any structure or residence upon the property, and
by registered mail to the mortgagee at the address listed in public
records.
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board, and after the hearing described in § 133-6E, the Town Board shall provide for the repair or demolition and removal of such building or structure either by Town employees or by contract. Except in emergency, as provided in § 133-13, the Town Board, prior to the commencement of the repair or the demolition of the building, shall cause to be served upon the persons and in the manner provided in § 133-9, a final notice that the Town Board intends to provide for the repair or demolition and removal of such building or structure either by Town employees or by contract. Except in an emergency, as provided in § 133-13, any contract for repair or demolition and removal of a building in excess of $10,000 shall be awarded through competitive bidding.
All expenses incurred by the Town in connection with any proceedings
under this Chapter to repair and secure, or demolish and/or remove
an unsafe building, including the cost of actually removing such building
and all costs incidental thereto, shall 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.
Where the Building Inspector determines that an unkept or unmaintained
premises or building, or neglected swimming pools or fencing, or the
accumulation of weeds or overgrown vegetation in abandoned, unoccupied
buildings or residential housing units, or such property in any foreclosure
proceeding, is unsafe, and a danger to the health and safety of the
community, as described herein and that the condition has not been
remediated as ordered by the notice described herein, the Building
Inspector or other person so designated shall refer the report to
the Town Board, who may order or contract for such yard, building
or pool maintenance or closure as is reasonably necessary to maintain
public health and safety, and who shall record the time and material,
and expense required for such work and maintenance, and on an annual
basis if circumstances warrant such. Upon authorization by the Town
Board, expenses incidental to the maintenance authorized by this chapter
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.
If the Town Board finds that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe building or yard is immediately tended to, repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair, maintenance or demolition of such. The expense of such repair, maintenance or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected with the real property taxes assessed to said property as set forth in §§ 133-11 and 133-12.
In addition to all remedies set forth herein, and to any fines
and penalties set forth by other local or state laws, failure to timely
remedy the issues ordered and comply will subject the property owner,
and in the event of a foreclosure, the lender, to fines and penalties
of $350, which said fine said accrue daily without further notice,
and accrue so long as and until such time as the violation and deficiencies
are corrected by the owner or lender, or by the Town as set forth
in this chapter.
