A. 
Whenever any building or part of a building in the Village of Menands, New York, shall become unsafe by reason of its use or mode of construction, the Board of Trustees shall have power to make such order, relative to the discontinuance or modification of such use and the demolition, repair or strengthening of such building, after giving the parties in interest a written or printed notice and a reasonable opportunity to be heard, as the nature of the occasion requires; and to prohibit the use of such building or part of a building until the order of said Board of Trustees is complied with. Such order shall prescribe the time within which such use shall be discontinued or modified or such demolition, repair or strengthening shall be made, and said Board of Trustees shall cause a certified copy of said order to be served upon the owner or occupants of any such building or part of a building or the agent of any such owner. If the building is vacant or the owner absent, the notice provided for herein shall be served by attaching a copy thereof to the building and delivering a copy thereof to any person having charge of the building and mailing a copy to the owner as shown by the assessment rolls of the Village. Proof of service of such notice by the Board of Trustees in this manner shall be deemed sufficient service. If after the service of such notice the owner or occupant of any such building shall neglect or refuse to comply with the order of said Board of Trustees or its agent or servant relative to the use of such building or shall neglect to comply with the order of said Board of Trustees or its servant relative to the demolition, repair or strengthening of such building, the Board of Trustees is hereby authorized and empowered to employ such labor and furnish such materials and take such steps as, in its judgment, may be necessary to make the building safe.
B. 
The purpose of this chapter is to promote and preserve the health, safety, and welfare of the public and residents and/or owners of property located within the Village of Menands by providing a method for the repair or removal of buildings, that from any cause, may now be or shall hereafter become dangerous or unsafe to the public and residents and/or owners of property within the Village of Menands.
C. 
Unsafe buildings serve as an attractive nuisance for young children who may be injured therein, may be a point of congregation by vagrants and transients, may attract rodents or insects and may also attract illegal drug activity.
This chapter shall hereinafter be known and cited as "Unsafe Buildings."
A. 
If a provision of this chapter is found to be inconsistent with any provision of other chapters of the Village Code or Charter, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail. A greater penalty shall not be considered as more restrictive or a higher standard.
B. 
If any part, provision, section, subdivision, paragraph, or term of this chapter shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to invalidate the remaining chapter, parts, provisions, sections, subdivisions, paragraphs or terms.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
Any house, basement, cellar, wall, cottage, lot, shed, garage, well, fence, storage tank, underground container, pole, smokestack, excavation, building, structure, or portion thereof used for residential, business, industrial, recreational, or other purpose.
BUILDING INSPECTOR
The Building Inspector of the Village of Menands.
OWNER
Any person, agent, operator, firm, association, organization, partnership, company, corporation, beneficiary, trust, trustee, and all other persons having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
UNSAFE BUILDING OR STRUCTURE
A building or structure that is structurally unsound, unsanitary, or not provided with adequate ingress or egress or which constitutes a fire hazard or which has become unsafe by reason of damage by fire, the elements, age, or general deterioration or which, in relation to an existing use, constitutes a hazard to public health, safety or welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment or which is otherwise dangerous to human life, or which has become a blighting influence on nearby properties and thereby depreciating the enjoyment and use of property in the immediate vicinity to such an extent that it is harmful to the community in which such structure is situated.
It shall be unlawful for any owner, as defined in § 64-4 of this chapter, tenant or occupant of any building or structure or portion of any building or structure in the Village of Menands to maintain such building or structure or portion of any building or structure in any condition or manner which shall be unsafe as defined in § 64-4 of this chapter.
The Building Inspector of the Village of Menands is hereby authorized to be and shall be the enforcement officer of this chapter.
The Building Inspector shall make inspections of all unsafe buildings or structures within the Village of Menands. Whenever the Building Inspector suspects the existence of a dangerous or unsafe building, he shall inspect the premises on which the suspected unsafe structure exists, securing a search warrant if necessary. A written report of the inspection and the findings with respect to the existence of an unsafe building shall be prepared by the Building Inspector or an engineer hired by the Village of Menands and filed with the Building Department, Fire Department, Village Clerk, and Corporation Counsel.
A. 
If the written report finds that the building or structure is unsafe as defined in this chapter, the Building Inspector shall cause service of notice upon the owner and all other persons having any interest in such property upon which the unsafe building is located, either personally or by certified mail, addressed to his/her last known address as shown by the records of the Assessor's office of the Village of Menands or the applicable County Clerk or County Register, containing a description of the premises, a statement of particulars in which the building or structure is unsafe or dangerous, and an order of the Building Inspector requiring the same to be repaired or demolished; and if such service is made by certified mail, the Building Inspector shall cause the posting of a copy of such notice on the premises.
B. 
The notice shall contain the time within which the owner so served shall commence the repair or demolition of such unsafe building.
C. 
A copy of such notice must also be filed in the office of the County Clerk, which notice shall be filed by the Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this subsection. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon consent of the Village Board of Trustees of the Village of Menands. The County Clerk shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
D. 
The notice shall further contain a statement that a hearing will be provided to the owner and such persons having an interest in the property or structure and such notice shall fix a time and place for a hearing before the Building Inspector, which shall not be less than five days following the date of personal service and not less than 10 days following the date of mailing and posting.
A. 
The Building Inspector shall have the power to make an order for the repair, demolition, discontinuance, or modification of the use of said building and to prohibit the use of such building or part thereof until such order is complied with. Such order shall prescribe the time within which the use shall be discontinued or such demolition, repair, or strengthening modification shall be made and shall make a finding of fact, including a statement of particulars in which the building or structure is unsafe or dangerous. Said order shall be served on the same parties and in the manner of notice in § 64-8 of this chapter.
B. 
If such owner shall fail to appear at said hearing and, after being served with the order from the Building Inspector, further neglects, fails, or refuses to comply with the order from the Building Inspector within the prescribed time, the Building Inspector shall take all steps necessary to contract with a private company(s) for the removal of such building or structure. Any contracts entered into with such company(s) and the appropriation of monies to such company(s) must be approved by the Village Board of Trustees of the Village of Menands.
C. 
If such owner, after appearing at said hearing, neglects, fails, or refuses to comply with the order from the Building Inspector, the Building Inspector shall take all steps necessary to contract with a private company(s) for the removal of such building or structure. Any contracts entered into with such company(s) and the appropriation of monies to such company(s) must be approved by the Village Board of Trustees of the Village of Menands.
An owner receiving an order to repair or demolish shall apply for an applicable building permit or demolition permit pursuant to the Village Code before beginning work on the structure. Said application shall be accompanied by adequate plans and specifications as required by the Building Inspector. Any permit issued will have a time limit fixed for the modifications. Said time limit may be extended by the Building Inspector for good cause shown.
An order to repair or demolish shall be filed in the office of the Albany County Clerk and shall be filed by the Clerk in the same manner and have the same effect as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules of the State of New York. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or justice of the court of record or upon consent of the Village Board of Trustees of the Village of Menands.
Where it reasonably appears that there is present a clear and immediate danger to the life, safety or health of any person or property unless an unsafe building is immediately repaired and secured or demolished and removed, the Village of Menands may take appropriate actions pursuant to its police power to cause the repair or demolition and removal of such unsafe building. In such an event, the notification procedures and limitations set forth in this chapter need not be complied with. In addition, the Building Inspector shall contract with a private company(s) for the removal of such a building or structure without the Village Board of Trustees' approval. The expenses of such repair or demolition and removal, including legal expenses, shall be a charge against the land on which it is located and shall be assessed, levied, and collected as provided by § 64-14; provided, however, that the owner and all other persons having an interest in the property are provided with notice, served as provided by § 64-8, and an opportunity to be heard before the assessment of any lien against the land.
In addition to the remedies provided by this chapter, the Code Enforcement Officer may request that the Village Board of Trustees make an application to the Supreme Court for an order determining the building to be an unsafe building and directing that it shall be repaired and secured or demolished.
In the event of neglect or refusal of the person so notified to comply with said order from the Building Inspector, the Building Inspector is hereby authorized to employ labor and furnish materials and equipment to demolish said building or to make such modifications as to make it safe. Except in public emergencies that require immediate action, any contract for repair or demolition in excess of $35,000 shall be awarded by competitive bidding pursuant to General Municipal Law § 103. The value of said work and materials shall be paid by the Village of Menands, and the cost thereof shall be a lien against the property concerned and shall be collected by the Village like other taxes and assessments.
The Village of Menands is authorized, after due demand having been made therefor, to commence an action at law in any court of competent jurisdiction to collect the costs of the demolition and/or modification of such property from the owner of any demolished building pursuant to this chapter.
The transfer of title by the owner of the premises upon which an unsafe building is located shall be no defense to any proceedings under this chapter.
Any person, firm, association, organization, partnership, company, or corporation who shall violate any provision of this chapter shall be guilty of a violation and shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article III, General Penalty. In case of a continued violation, each day's continuance thereof shall be deemed to be a separate and distinct violation of this chapter.