[HISTORY: Adopted by the Town Board of the Town of Fort Edward 9-12-88
as L.L. No. 6-1988.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 54.
[1]
Editor's Note: This local law also repealed former Ch. 37, Buildings,
Unsafe, adopted 11-22-61, as amended.
This chapter shall be known as the "Unsafe Buildings Ordinance of the
Town of Fort Edward" and is promulgated pursuant to the authority contained
in § 130, Subdivision 16, of the Town Law of the State of New York.
Unsafe buildings pose a threat to life and property in the Town of Fort
Edward. Buildings and structures may become unsafe by reason of damage by
fire, the elements, age or general deterioration. Vacant buildings not properly
secured 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.
Debris, rubble or parts of buildings left on the ground and not removed constitute
a dangerous, unhealthy and unsightly condition. 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 Fort Edward by requiring such unsafe
buildings to be repaired or demolished and removed.
As used in this chapter, the following terms shall have the meanings
indicated:
Any building, structure or portion thereof used for residential,
business, industrial, recreational or other purpose.
The Building Inspector of the Town of Fort Edward or such other person
appointed by the Town Board to enforce the provisions of this chapter.
Any debris, rubble or parts of buildings which remain on the ground
or on the premises after demolition, reconstruction, fire or other casualty.
Any building or structure or portion thereof which:
Because of its structural condition, is or may become dangerous or unsafe
to the public.
Is open at the doorways or walls, making it accessible to and an object
of attraction to minors under eighteen (18) years of age, as well as to vagrants
and other trespassers.
Is or may become a place of rodent infestation.
Consists of debris, rubble or parts of buildings left on the ground
after demolition, reconstruction, fire or other casualty.
Presents any other danger to the health, safety, morals and general
welfare of the public.
It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Town of Fort Edward 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 § 37-3 of this chapter.
When, in the opinion of the Building Inspector, any building or structure located in the Town of Fort Edward shall be deemed to be dangerous or unsafe to the public as defined in § 37-3, the Building Inspector shall make a formal inspection thereof and report, in writing, to the Town Board his findings and recommendations in regard to the building's or structure's removal or repair.
The Town Board shall thereupon consider and report, and, if it finds
that such building or structure is dangerous and unsafe to the public, it
shall, by resolution, order its repair if the same can be safely repaired
and, if not, its removal and demolition and shall further order that a hearing
be held before the Town Board at a time and place therein specified, and on
at least five (5) days' notice to the owner of the building or structure
or persons having an interest therein, to determine whether said order to
repair or remove shall be affirmed or modified or vacated and, in the event
of modification of affirmance, to assess all costs and expenses incurred by
the town in the repair or removal of such building or structure against the
land on which said building or structure is located. Said order shall also
provide that the securing or removal of said building or structure shall commence
within thirty (30) days after service of notice and shall be completed within
sixty (60) days thereafter.
The notice shall contain the following statements:
A.
The name of the owner or person in possession as appears
from the tax and deed records.
B.
A brief description of the premises and its location.
C.
A description of the building or structure which is unsafe
or dangerous and a statement of the particulars in which is unsafe or dangerous.
D.
An order requiring the same to be made safe and secure
or to be removed.
E.
That the securing or removal of said building or structure
shall commence within thirty (30) days of the service of the notice and shall
be completed within sixty (60) days thereafter.
F.
The time and place of the hearing to be held before the
Town Board, at which hearing the owner or occupant shall have the right to
contest the order and findings of the Town Board.
G.
That, in the event that such owner, occupant or other
person having an interest in said premises shall fail to contest such order
and fail to comply with the same, the Town Board will order the repair or
removal of such building or structure by the town and that the town will assess
all costs and expenses incurred in such removal against the land on which
such building or structure is located.
A.
A copy of said notice shall be personally served upon
the owner or some of the owners, executors, legal representatives, agents,
lessees or other person having a vested interest in the premises as shown
on the town tax records or in the records in the Washington County Clerk's
office.
B.
If no such person can be reasonably found for personal
service, then a copy of said notice shall be mailed to such person by registered
mail addressed to his last known address as shown on said records and by personally
serving a copy of said notice upon any adult person residing in or occupying
said premises or by securely affixing a copy of said notice upon said building
or structure.
C.
A copy of said notice shall be filed in the Washington
County Clerk's office, which notice shall be filed 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.
A notice so filed shall be effective for a period of one (1) year from the
date of filing. It may be vacated upon an order of a Judge or Justice of a
court of record or upon written consent of the Town Attorney of the Town of
Fort Edward. The Washington 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.
The Town Board shall conduct the public hearing at the time and place
specified in the notice to repair or demolish. It may adjourn the hearing
from time to time until all interested parties are heard and until the hearing
is completed. At the conclusion of the hearing, the Town Board shall determine
by resolution to revoke the order to repair or remove, modify said order or
continue and affirm said order and direct the owner or other persons to complete
the work within the time specified in the order or such other time as shall
be determined by the Town Board.
In the event of the refusal, failure or neglect of the owner or person
so notified to comply with said order of the Town Board within the time specified
in said order and after the public hearing, the Town Board shall provide that
such building or structure be made safe and secure or removed and demolished
by town employees or by independent contractors. Except in emergency cases
as herein provided, any contract for repair or demolishing and removal of
a building or structure in excess of five thousand dollars ($5,000.) 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, 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 it reasonably appears 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 structure is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 37-11 hereof.
The Town Board, in its discretion, may elect to apply to the Supreme
Court of the State of New York for an order directing that the building be
repaired and secured or demolished and removed.
This chapter shall take effect immediately.
