[HISTORY: Adopted by the Town Board of the Town of Ballston as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 52.
Building construction — See Ch. 62.
Solid waste — See Ch. 96.
[Adopted 9-5-2000 by L.L. No. 3-2000]
[Amended 5-1-2007 by L.L. No. 5-2007]
The purpose of the regulations in this article is to protect, preserve and promote the physical and mental health and social well-being of the people, to minimize the incidents of communicable diseases, to regulate privately and publicly owned dwellings for the purpose of maintaining adequate sanitation and public health, to promote the safety of the people and to promote the general welfare by regulations which shall be applicable to all dwellings now in existence or hereafter constructed.
[Amended 11-7-2002 by L.L. No. 5-2002; 9-30-2003 by L.L. No. 4-2003; 5-1-2007 by L.L. No. 5-2007]
No person shall undertake replacement of an existing wastewater disposal system or construction or expansion of any structure or facility in the Town of Ballston without first meeting the requirements for wastewater disposal, in accordance with applicable regulations of the Town of Ballston, New York State Department of Environmental Conservation and the New York State Department of Health.
A. 
All components of sewage collection and disposal systems in the Town of Ballston shall be designed by a New York State licensed Design Professional. The replacement of existing septic tank or distribution box with like kind shall be exempt from the requirement of design by New York State licensed design professional. The design professional shall inspect construction and certify to the Town that the system has been installed in accordance with the approved drawings and specifications.
(1) 
All systems shall be designed in accordance with the following standards, as applicable:
(a) 
Recommended Standards for Sewage Works, published by the Great Lakes-Upper Mississippi River Board of State Sanitary Engineers, 1978 edition (commonly known as "Ten-State Standards").
(b) 
Design Standards For Wastewater Treatment Works - Intermediate-Sized Sewerage Facilities, published by the New York State Department of Environmental Conservation, 1988 edition.
(c) 
Appendix 75-A of Part 75 of the Administrative Rules and Regulations contained in Chapter II of Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York.
(d) 
Individual Residential Wastewater Treatment Systems Design Handbook, published by the New York State Department of Health, latest edition.
(2) 
The design professional shall be either a professional engineer or architect licensed or registered in the State of New York and authorized by the State Education Law to design the systems described in the standards. For certain facilities of a minor nature, a licensed land surveyor will be considered a design professional if qualified as an "exempt person" under State Education Law § 7208, Subdivision n. A licensed land surveyor shall not be allowed to design sewage disposal or treatment plants, lift stations, pumping stations, or sewage disposal systems for commercial buildings.
B. 
Community sewerage system. A system utilized for the collection and disposal of sewage, or other waste of a liquid nature, including the various devices for the treatment of such wastes serving more than one lot, whether owned by a municipal corporation or private utility.
(1) 
Connection to a community sewerage system shall be required where a subdivision, building or facility is reasonably accessible to an existing sewer district or service area.
(2) 
This requirement shall apply in the absence of proof satisfactory to the Town Planning Board that the developer cannot effect arrangements for the installation and/or connection of the sewerage system to the existing sewer district or service area facilities.
(3) 
The Planning Board shall require installation of dry sewers for subdivision of land in accordance with the community sewerage plan published by the Saratoga County Sewer District titled "Ballston Lake Watershed Sewer Study: Proposed Location of Sewers." Dry sewers shall also be required if a proposed project is within 500 feet of an existing dry sewer collection system.
C. 
On-site wastewater treatment systems. Where an existing community sewerage system is unavailable, individual on-site sanitary disposal may be utilized. Designs shall comply with all requirements as set forth in § 73-2A(1) of this chapter. Design plans shall show, at a minimum:
(1) 
Site evaluation data, including but not limited to location of nearby water sources and water lines, terrain or surface characteristics, subsurface conditions, nearness of habitation, possibility of flooding, possibility of groundwater mounding, and room for expansion. Soil evaluation should be based on finished elevations of the site. Any proposed cut or fill work that is to be done must be accounted for when determining the suitability of the site for soil absorption systems.
(2) 
Soil profile observations from deep hole test pits dug at the perimeter of the expected soil absorption area. Required soil profile information shall, at a minimum, include:
(a) 
Thickness of layers or horizons, texture (USDA), consistence, and structure of soil layers.
(b) 
General color and color mottling or variation (this should be done in natural light only).
(c) 
Depth to water, if observed and depth to estimated or observed seasonally high groundwater level, depth to and type of bedrock, if observed.
(d) 
Other prominent features such as visible pores, stoniness or roots.
(3) 
Soil percolation information from percolation tests run in an area immediately adjacent to or in between the areas planned for absorption trenches if such details are known at the time. For mound system, the percolation test must be run just within the estimated boundary of the basal area of the mound. At least two percolation tests for every 1,000 square feet of absorption area shall be performed in holes spaced uniformly throughout the site. If the soil conditions are highly variable, more tests may be required.
(4) 
Design flow information for the proposed use in accordance with estimated hydraulic loading rates published in the applicable design standards set forth in forth in § 73-2A(1) of this chapter.
(5) 
For wastewater flows that are not residential in nature, detailed data shall be provided regarding the character and quantity of the wastewater flow.
(6) 
Minimum and proposed separation distance information.
(7) 
Typical service connection.
(8) 
Location of all water supply wells and wastewater disposal areas within 200 feet of the proposed treatment area.
(9) 
Construction and material specifications.
(10) 
For low-pressure sewers, design pressure information and pumping equipment information shall be provided. Cleanout, fittings, appurtenances and pump tank information shall also be provided.
D. 
Alternative treatment systems. Certain site conditions may prohibit installation of conventional subsurface wastewater treatment systems as described in the Individual Residential Waste Water Treatment Systems Design Handbook published by the New York State Department of Health or the Design Standards For Wastewater Treatment Works - Intermediate Sized Sewerage Facilities published by the New York State Department of Environmental Conservation.
(1) 
Alternative treatment systems shall be designed by a professional engineer or architect.
(2) 
Alternative treatment systems for new construction shall be reviewed and approved by the New York State Department of Health prior to the issuance of a building permit.
(3) 
Alternative treatment systems for existing buildings. The applicant shall be required to prove that a conventional wastewater treatment system cannot be installed and that the proposed alternative treatment system will be able to meet minimum wastewater treatment performance standards set forth in this chapter.
(4) 
Construction of alternative treatment systems must be supervised by the design professional, and certification of construction in conformance with the approved plans shall be provided by the design professional to the Town of Ballston.
E. 
Building permit requirement. A building permit is required for construction, enlargement or replacement of any on-site wastewater treatment system.
(1) 
Sewage collection and disposal systems as part of a new building or structure shall not require a separate building permit application but will require design plans prepared in accordance with this chapter.
(2) 
An individual building permit shall be required for the replacement or enlargement of any existing on-site wastewater treatment system in the Town of Ballston. Design plans prepared in accordance with this chapter are required before a permit will be issued. Replacement includes exchange of any component of an existing wastewater treatment system, including septic tank, distribution equipment or absorption component. Enlargement includes installation of additional system components including but not limited to grease traps and absorption field area.
(3) 
The Town of Ballston Building Inspector shall be scheduled to inspect the installed wastewater treatment system prior to backfill.
(4) 
Certification of construction in conformance with the approved plans shall be provided by the design professional to the Town of Ballston Building Department before issuance of a certificate of compliance or occupancy.
F. 
System failure.
(1) 
Any wastewater treatment system in the Town of Ballston that sustains a major failure (e.g., raw sewage or effluent discharge), as such failure is determined by the Town of Ballston Building Inspector, Health Officer or Town-designated engineer, the owner of such building shall take immediate action to contain the failure. The owner shall also be required to permanently correct such failure within 30 days following written notice by the appropriate Town official. This written notice may be delivered either to the owner of the property, or to the tenant, or occupant of the property, and such time limit shall be based on calendar days. Correction of the failure shall be to the reasonable satisfaction of the Town of Ballston Building Inspector, Health Officer or Town-designated engineer.
(2) 
Fine; notice.
(a) 
In the event that the property owner fails to make such corrections within the thirty-day time limit specified herein, the owner may be subject to a daily fine of up to $500, in addition to revocation of any issued certificate of occupancy or legally permissible injunctive relief or any other civil actions; or, in the alternative, the Town Board may order the repair of the wastewater treatment system and further order that a notice be served upon the persons in the manner provided below.
(b) 
Contents of notice. The notice shall contain the following:
[1] 
A description of the premises upon which the wastewater treatment system is failing (the "premises").
[2] 
A statement of the particulars in which the wastewater treatment system is failing.
[3] 
An order outlining the manner in which the wastewater system is to permanently corrected.
[4] 
A statement that the correction of such wastewater treatment system 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.
[5] 
A date, time and place for a hearing before the Town Board in relation to such failed wastewater treatment system, which hearing shall be scheduled not less than five business days from the date of service of the notice.
[6] 
A statement that, in the event of neglect or refusal to comply with the order to correct such wastewater treatment system, the Town Board is authorized to provide for its correction, to assess all expenses thereof against the premises and to institute a special proceeding to collect the costs of correction, including but not limited to legal, surveying, engineering and architectural expenses.
(c) 
Service of notice. 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 the premises as shown by the records of the receiver of taxes (or tax collector) or of the County Clerk or, if no 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; and by personal service of a copy of such notice upon any adult person residing in or occupying the premises if such person can be reasonably found; and by securely affixing a copy of such notice upon the premises.
(d) 
Filing of notice. A copy of the notice served as provided herein shall be filed in the office of the County Clerk of the County of Saratoga.
(e) 
Refusal to comply. 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, the Town Board shall provide for the correction of the wastewater treatment system either by Town employees or by contract. Except in emergency, as provided in Subsection F(2)(g) below, the Town Board, prior to the commencement of the correction of the wastewater treatment system, shall cause to be served upon the persons and in the manner provided in Subsection F(2)(c) above, a final notice that the Town Board intends to provide for the correction of the wastewater treatment system either by Town employees or by contract. Except in an emergency, as provided in Subsection F(2)(g) below, any contract for correction of a wastewater treatment system in excess of $5,000 shall be awarded through competitive bidding.
(f) 
Assessment of expenses. All expenses incurred by the Town of Ballston in connection with the proceedings to correct the wastewater treatment system shall be assessed against the premises 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.
(g) 
Emergency cases. 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 a failed wastewater treatment system is immediately corrected, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the correction of such wastewater treatment system. The expense of such correction shall be a charge against the premises and shall be assessed, levied and collected as provided in Subsection F(2)(f) above.
No owner or other person shall occupy or let to another person any vacant dwelling or dwelling unit unless it and the premises are clean, sanitary, fit for human occupancy and comply with the requirements of this article and all applicable laws.
Every owner of a dwelling containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling, dwelling unit and premises thereof that he or she occupies and controls.
A. 
Rubbish. Every occupant of a dwelling or dwelling unit shall dispose of all his or her rubbish in a clean, sanitary and safe manner. Burning of rubbish is unlawful.
B. 
Garbage. Every occupant of a dwelling or dwelling unit shall dispose of all garbage or any other organic waste material which might provide food for insects or rodents in a clean, sanitary and safe manner through use of a rodent-proof, insect-proof and watertight container for garbage or refuse storage pending collection, and garbage or refuse shall not remain on curbside for more than 72 hours.
[Amended 8-5-1997 by L.L. No. 3-1997]
C. 
Rubbish and garbage containers. Every owner of a dwelling unit containing three or more dwelling units shall supply facilities or containers for the sanitary and safe storage and/or disposal of rubbish and garbage. In a single- or two-family dwelling, it shall be the responsibility of the occupant to furnish such facilities or containers.
D. 
Scavenging and scrapping.
[Added 6-24-2014 by L.L. No. 1-2014]
(1) 
Upon placement of household waste, garbage, refuse, recyclables (including, but not limited to paper, glass, plastic and metal items), furniture, or other material out for residential curbside collection, Town bulk item pick up or upon delivery to any disposal location designated by the Town, it shall be a violation of this article for any person other than a Town-licensed garbage and refuse collector hired by the property owner or authorized agents or employees of the Town to disturb, rummage in or sort through, remove, collect or pick up any such waste, garbage, refuse, recyclables, furniture or other material or cause the same to disturbed, sorted through, removed, collected or picked up.
(2) 
Nothing in this article shall abridge the right of any person to give or sell their recyclables or unwanted personal property to any person, provided that such items have not been set out for residential curbside collection, Town bulk item pick up or delivered to a Town-designated disposal location.
The occupants of a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises. Occupants of a building containing more than one dwelling unit shall be responsible for such extermination whenever their dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this section, whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units of any dwelling, or in the shared public part of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
A. 
Whenever the Building Inspector becomes aware of a situation that might possibly pose a health or safety hazard, it shall be brought to the attention of the Town Board. If the Town Board, acting as a Board of Health, is advised by the Town Health Officer that any dwelling constitutes a serious hazard to the health or safety of the occupant or to the public because it is dilapidated, unsanitary, vermin-infested or lacking in the facilities required by this article, such Board of Health shall designate such dwelling unfit for human habitation, order the dwelling vacated and shall cause to be posted on the main entrance of any dwelling so closed a placard with the following words: "Use of this building for human habitation is prohibited and unlawful."
B. 
If the owner fails to comply with an order issued by the Board of Health to bring the dwelling into compliance with the requirements of this article within 30 days from the date of such order, the Board of Health may apply to the District Health Officer for an order that such building be removed or demolished as provided for by the applicable state law.
[1]
Editor's Note: See also Ch. 52, Buildings, Unsafe.
Notwithstanding any other remedy available under this article or any other law, any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense.
[Adopted 10-7-1997 by L.L. No. 5-1997]
A. 
The purpose of this article is to protect the public health, safety, morals, welfare and public and private property by establishing minimum standards governing the conditions of occupancy, maintenance of premises and duties of owners and operators of buildings and to authorize and establish procedures for the inspection of dwellings and other buildings; and to fix penalties for the violations of this article. This article is hereby declared to be remedial and essential for the public interest, and it is intended that this article be liberally construed to effectuate the purposes as stated herein.
All parts of the premises shall be maintained so as to prevent infestation and the accumulation of debris and junk as hereinafter defined.
As used in this article, the following terms shall have the meanings indicated:
DEBRIS AND JUNK
Manufactured goods that are so worn, deteriorated or obsolete as to make them unusable for their original purpose in their existing condition, but are subject to being dismantled, including used paper, scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc, and all other scrap metals and their alloys, and rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old or used machinery, used tools, appliances, fixtures, utensils or lumber, used boxes or crates, used pipe or pipe fittings, used tires and unusable and/or discarded furniture.
The owner or occupant of every occupied building or structure within the Town of Ballston shall have watertight receptacles with tight-fitting covers sufficient in capacity to hold all refuse, garbage and waste matter from said building or structure. When not out for collection, receptacles shall be located and maintained out of public view in such a manner as to prevent the creation of a nuisance or a health hazard.
[Amended 6-24-2014 by L.L. No. 1-2014]
The Zoning Enforcement Officer, the Building Inspector, County law enforcement and such persons as may be designated from time to time by the Town Board of the Town of Ballston or any of them, are hereby designated as the officers charged with the enforcement of this article and the code hereby established and are hereinafter referred to as the "enforcement officer."
A. 
Whenever the enforcement officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this article, he or she shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall be in writing, including a statement of the reasons why it is being issued, and shall be served upon the owner or occupant of the premises or the agent of either of them. Such notice shall be deemed to be properly served if a copy thereof is served upon such person personally or is sent by certified or registered mail to his or her last known address or is posted in a conspicuous place in or about the premises affected by the notice. Such notice shall state that unless within 10 days from service of the notice a written request is made for a hearing before the Board of Review, said notice shall at the expiration of such ten-day period be deemed an order to cease and desist from and to abate the described violation, and such notice shall prescribe a reasonable time within which such person shall be required to cease and desist from and abate such violation.
B. 
The notice shall also contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article.
The Board of Review shall consist of at least one Councilman of the Town of Ballston, a member of the town's Zoning Board of Appeals and a member of the town's Planning Board.
If a hearing as aforesaid is requested, it shall be commenced not later than 10 days after request therefor is made, provided that for good cause the enforcement officer acting on behalf of the Board of Review may postpone such hearing for a reasonable time. If after a hearing the Board of Review finds that no violation exists, it shall withdraw the notice. If it finds that a violation does exist, it shall enter and issue an order requiring the abatement of the same within a prescribed reasonable time. The proceedings at such hearing, including the findings and decision of the enforcement officer, shall be summarized, reduced to writing and entered as a matter of public record in the office of the enforcement officer.
Whenever the enforcement officer finds that an emergency exists which requires immediate attention to protect the public health or safety, he or she may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she deems necessary to meet the emergency. Notwithstanding any other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the enforcement officer, he or she shall be afforded a hearing as soon as the Review Board may be assembled. After such hearing, the enforcement officer shall continue such order in effect or modify or withdraw it.
A. 
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly comply with this article within 48 hours after receipt of the written notice or within 48 hours after the date of such notice in the event that the same is returned to the enforcement officer because of its inability to make delivery thereof and provided that the same was properly addressed to the last known address of the last owner or agent, the Superintendent of Highways is hereby authorized and empowered to pay for the correction of such violation.
B. 
Charge included in tax bill. When the Town has effected the correction of the violation or has paid for its removal, the actual cost thereof, plus the accrued legal rate of interest of annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the town; and such charge shall be due and payable by said owner at the time of payment of such bill.
C. 
Filed statement constitutes lien. Where the full amount due the Town is not paid by such owner within 20 days after the correction of such violation, as provided in Subsections A and B above, then and in that case the Superintendent of Highways shall cause to be filed in the office of the Town Clerk a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property by assessment district, section, block and lot on which said work was done and the name of the reputed owner thereof. The filing of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus the cost of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty at the legal rate of interest in the event that the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements filed in accordance with provisions hereof shall be prima facie evidence that all legal formalities have been complied with and the work has been properly and successfully done and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated and described in the statement and that the same is due and collectible as provided by law.
Any person who shall violate any of the provisions of this article or any order promulgated hereunder shall, upon conviction, be punished by a fine not to exceed $250 or by imprisonment for not more than 15 days, or both, for each violation of any of the provisions of this article, and each day that such violation shall continue shall be deemed to be a separate and distinct offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).