[HISTORY: Adopted by the City Council of the City of Saratoga
Springs 6-4-1984 as Ch. 84A of the 1970 Code; amended in its entirety 9-18-2012 by L.L. No.
3-2012. Subsequent amendments noted where applicable.]
The failure of property owners to address violations of the
City Code, the Uniform Fire Prevention and Building Codes, and other
City, state and federal laws and regulations in a timely and effective
manner is an immediate and serious threat to the public health, safety
and welfare. For a municipality, the expenditure of public funds and
resources to correct violations is a major impediment to effective
enforcement. In instances where a property owner is difficult or impossible
to locate, or is unresponsive to communications from City officials,
the recovery of the costs to the public of correcting the violation
is often difficult and time-consuming. This chapter provides procedures
by which City Code Enforcement Officers may, upon due process and
notice, recover the costs of summary abatement of code violations.
The provisions of this chapter shall supplement local laws,
codes or regulations existing in the City of Saratoga Springs and
the other statutes and regulations of municipal authorities having
jurisdiction applicable thereto. Where a provision of this chapter
is found to be in conflict with any provision of a local law, ordinance,
code or regulation, the provision or requirement which is more restrictive
or which establishes the higher standard shall prevail.
A.
Every Code Enforcement Officer in the City of Saratoga Springs is
hereby authorized and empowered to pay for the summary correction
of any violation that is within his or her lawful authority to correct,
to pay for such correction with City funds, and to enter the cost
of the correction as a lien and privilege on the property, subject
to the approval of the City Council of the City of Saratoga Springs
as herein provided.
B.
The Code Enforcement Officer shall apply in writing to the City Council
member in charge of the Code Enforcement Officer's department
for authorization to proceed with recovery of costs. Along with the
application, the Code Enforcement Officer shall submit a report showing
his or her efforts to contact the owner of the property on which the
violation exists, the efforts made to correct the violation, and efforts
made to obtain payment for the costs of correction from the owner.
C.
Upon review of the Code Enforcement Officer's report, the City
Council member may approve recovery of costs upon a finding that further
efforts by the Code Enforcement Officer to obtain payment from the
owner are unlikely to succeed, and/or will likely result in an unreasonable
and disproportionate expenditure of time and resources. The City Council
member shall then submit the matter to the City Council for its final
approval to recover costs.
D.
Upon receiving City Council approval to recover costs, the Code Enforcement
Officer shall issue a notice of recovery of costs to the owner of
record. Ownership of record may be determined by a search of reasonably
available public information. Such notice shall be served either personally
upon the owner or by posting it conspicuously upon the affected premises.
If a notice is posted upon the premises, a copy thereof shall be mailed
to the owner of record by registered or certified mail, return receipt
requested. The notice shall state the owner's name, the address
of the property, and the violation or violations thereon. It shall
state, in boldface type as large or larger than the type used elsewhere
in the notice, that recovery of costs has been approved, the amount
of the costs, and that the costs shall thereafter constitute a lien
on the property.
E.
When the Code Enforcement Officer has served the notice of recovery
of costs, the actual cost thereof, plus the accrued legal rate of
interest per annum from the date of the completion of the work, shall
be charged to such owner by the City, and such charge shall become
immediately due and payable by said owner.
F.
Where the full amount due the City is not paid by such owner within
30 days after the service of the notice of recovery of costs, then
and in that case the Code Enforcement Officer shall cause to be filed
in the office of the City Clerk a sworn statement showing the cost
and expense incurred for the work, the date the work was completed
and the location of the property by section, lot and block on which
said work was done and the name of the owner of record. 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 fees and expenses,
if any, for collection, until final payment has been made. Said costs
and expenses shall be collected in the manner provided by law for
the collection of taxes by the City, 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 the provisions hereof shall be prima facie
evidence that all legal formalities have been complied with and that
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.
G.
Payments collected under this chapter shall be returned to the funds
of the department that paid to correct the violation.
