[HISTORY: Adopted by the Town Board of the
Town of Clifton Park 4-13-1981 by L.L. No. 4-1981. Amendments noted where
applicable.]
[Amended 2-6-2012 by L.L. No. 2-2012]
Unsafe buildings and abandoned properties pose
a threat to life and property in the Town of Clifton Park. 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 Clifton Park by requiring that
such unsafe buildings be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings
Law of the Town of Clifton Park."
[Amended 4-6-1998 by L.L. No. 2-1998]
As used in this chapter, the following terms
shall have the meanings indicated:
Any building, structure or portion thereof used for residential,
business, storage or industrial purpose.
The Director of Building/Zoning or his/her designee or any
person appointed by the Town Board to enforce the provisions of this
chapter.
Any real property containing a residential or commercial
building that, independently or in the context of all facts and circumstances,
would lead a reasonable enforcement official to conclude that a property
is vacant, abandoned, is occupied by a person without legal right
of occupancy, or is in the process of foreclosure. Such real property
conditions include but are not limited to overgrown or dead vegetation
exceeding 10 inches in height, accumulation of newspapers, flyers,
circulars of junk mail, past-due utility notices or disconnected utilities,
accumulation of junk, trash or debris, absence of window coverings
such as curtains, blinds or shutters, the absence of furnishings or
personal items consistent with habitation, as well as the statements
of neighbors, delivery agents, and governmental employees indicating
that the property is vacant, including evidence that such property
is in the process of any foreclosure proceeding.
[Added 2-6-2012 by L.L. No. 2-2012]
A space unoccupied by structures on the same lot with a building
or structure.
[Added 2-6-2012 by L.L. No. 2-2012]
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 Building Inspector and/or such
other person(s) designated by the Town Board, including but not limited
to surveyor(s), architect(s), structural engineer(s), safety engineer(s)
and demolition contractor(s), shall cause or make an inspection thereof
and report in writing to the Town Board of his (their) findings and
recommendations in regard to the repair or demolition and removal
of such a building.
The Town Board shall thereafter consider such
report and by resolution determine, if in its opinion the report so
warrants, that much 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 persons in the
manner provided herein.
[Amended 2-6-2012 by L.L. No. 2-2012]
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building
is unsafe or dangerous.
C.
An order outlining the manner in which the building
is to be made safe and secure or demolished and removed.
D.
A statement that the securing or removal of such building
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.
E.
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.
F.
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 repair or 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 but not limited to legal, surveying,
engineering and architectural expenses.
[Added 2-6-2012 by L.L. No. 2-2012[1]]
A.
Abandoned,
unoccupied or foreclosed buildings and residential housing units:
In the case or abandoned, unoccupied buildings or residential housing
units, or such property in any foreclosure proceeding, the Building
Inspector or other person designated by the Town Board shall determine
if any open and neglected swimming pools, or any accumulation of weeds,
brambles, berry vines, or other vegetation in the yards of such property
which is overgrowing any structure or which exceeds an average height
of 10 inches, except that which is kept in a neat and orderly manner
for human consumption, or any accumulation of dead organic matter,
offal, rat harborages, stagnant water, combustible materials and similar
materials, or conditions which would constitute a fire, health, or
safety hazard. However, this does not apply to cultivated flowers
or gardens.
[Added 2-6-2012 by L.L. No. 2-2012[1]]
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the accumulation of such
material, or the neglect of a swimming pool, constitutes a fire, health,
or safety hazard.
C.
An order outlining the manner in which the building or premises is
to be maintained as reasonably necessary to mitigate any health or
safety hazard identified.
D.
A statement that the accumulation of such material will be removed
or maintained within 30 days of the service of the notice unless the
Building Inspector, for good cause shown, and in his discretion, extends
such time.
E.
A date and time and place by which objections to the Inspector's
determination shall be heard or received in relation to such notice.
F.
A statement that, in the event of neglect or refusal to comply with
the order to maintain the premises as reasonably necessary, the Building
Inspector shall provide for the removal of such brambles, weeds, and
any accumulation of such organic material as is reasonably necessary
to mitigate the fire, health or safety hazard and shall assess all
expenses thereof against the land on which it is located in the manner
provided and to institute a special proceeding to collect the costs
of the elimination of the health and safety hazard.
G.
A statement providing that persons or mortgagees have an opportunity
to object to the proposed action and shall be heard prior to action
by the Town.
[1]
Editor's Note: This local law also repealed former § 77-8,
Filing of notice.
[Amended 2-6-2012 by L.L. No. 2-2012[1]]
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 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; or by personal service of a copy of such notice upon
any adult person residing in or occupying said premises if such person
can be reasonably found; or by securely affixing a copy of such notice
upon the unsafe building, or, in the case of a vacant, abandoned or
foreclosed upon property, by affixing the notice upon any structure
or residence upon the property, and by registered mail to the mortgagee
at the address listed in public records..
[Amended 2-6-2012 by L.L. No. 2-2012]
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 described in § 77-6E, the Town Board shall provide for the repair or demolition and removal of such building or structure either by Town employees or by contract. Except in emergency, as provided in § 77-13, the Town Board, prior to the commencement of the repair or the demolition of the building, shall cause to be served upon the persons and in the manner provided in § 77-9, a final notice that the Town Board intends to provide for the repair or demolition and removal of such building or structure either by Town employees or by contract. Except in an emergency, as provided in § 77-13, any contract for repair or demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding.
[Amended 2-6-2012 by L.L. No. 2-2012[1]]
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
and all costs incidental thereto, 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.
[Added 2-6-2012 by L.L. No. 2-2012]
Where the Building Inspector determines that neglected swimming
pools or the accumulation of weeds or overgrown vegetation in abandoned,
unoccupied buildings or residential housing units, or such property
in any foreclosure proceeding, as described herein and that the condition
has not been remediated as ordered by the notice described above,
the Building Inspector or other person so designated shall refer the
report to the Director of Building and Grounds, who may order or contract
for such yard or pool maintenance or closure as is reasonably necessary
to maintain public health and safety, and who shall record the time
and material, and expense required for such maintenance on an annual
basis. Records demonstrating costs and expenses incurred under this
section for yard or pool maintenance or closure shall be reported
annually to the Town Board no later than November 1 in any year. Upon
authorization by the Town Board, expenses incidental to the maintenance
authorized by this chapter 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.
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 an unsafe building 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. The expense 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 § 77-10.
