[HISTORY: Adopted by the Town Board of the
Town of Halfmoon 3-3-1981 by L.L.
No. 2-1981. Amendments noted where applicable.]
Unsafe buildings pose a threat to life and property
in the Town of Halfmoon. 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. 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 Halfmoon by
requiring such unsafe buildings be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings
Law" of the Town of Halfmoon.
[Added 6-17-2008 by L.L. No. 2-2008; amended 11-16-2022 by L.L. No.
8-2022]
The provisions of this chapter shall be in addition to, and
in furtherance of, the Uniform Code, Energy Code, and state and local
laws.
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING
Any building, structure or portion thereof used, now or formerly,
for residential, business or industrial purpose.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Town of Halfmoon or such
other person appointed by the Town Board to enforce the provisions
of this chapter.
When in his own opinion or upon receipt of information
that a building: 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; or is unfit for the purposes
for which it may lawfully be used, the Code Enforcement Officer shall
cause or make an inspection thereof and report in writing to the Town
Board his findings and recommendations in regard to its repair or
demolition and removal.
The Town Board shall thereafter consider such
report and by resolution determine, if in its opinion the report so
warrants, that such building is unsafe and dangerous and order its
repair if the same can be safely repaired or its demolition and removal,
and further order that a notice be served upon the person or persons
and in the manner provided herein.
The notice shall contain the following: a description
of the premises; a statement of the particulars in which the building
is unsafe or dangerous; an order outlining the manner in which the
building is to be made safe and secure, or demolished and removed;
a statement that the securing or removal of such building shall commence
within 30 days after the service of the notice and shall be completed
within 60 days thereafter, unless for good cause shown such time shall
be extended; 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; and a statement that in the event of neglect
or refusal to comply with the order to secure or demolish and remove
the building, the Town Board is authorized to provide for its demolition
and removal to assess all expenses thereof against the land on which
it is located and to institute a special proceeding to collect the
costs of demolition, including legal expenses.
The said notice shall be served: by personal
service of a copy thereof upon the owner, executor, administrator,
agent, lessee or any person having vested or contingent interest in
such unsafe building 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 such premises if such person
can be reasonably found; and by securely affixing a copy of such notice
upon the unsafe building.
A copy of the notice served as provided herein
shall be filed in the office of the County Clerk of the County of
Saratoga.
In the event of the failure, 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 demolition and removal of such building or structure either by Town employees or by contract. Except in an emergency as provided in §
65-12 hereof, any contract for demolition and removal of a building in excess of $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 if an unsafe building is not immediately repaired and secured or demolished, the Town Board may by resolution authorize the Code Enforcement Officer to immediately cause the repair or demolition of such unsafe building. 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 §
65-11 hereof.
In addition to the assessment of costs provided
for in this chapter, any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction, be subject to
a maximum fine of $250 or a maximum term of imprisonment of 15 days,
or both, for each offense.