[Amended 7-9-1981 by L.L. No. 3-1981; 11-19-1991 by L.L. No.
3-1991; 9-10-2002 by L.L. No. 8-2002]
Dangerous buildings pose a threat to life and
property in the Town of Niskayuna. 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 article to provide for the safety, health, protection, and
general welfare of persons and property in the Town of Niskayuna by
requiring that such dangerous buildings be secured, repaired, or demolished
and removed.
As used in this article, the following terms
shall have the meanings indicated:
The foundation or cellar of a dangerous building or collapsed
structure or the foundation or cellar from which the building or structure
formerly above it has been removed or the foundation, cellar area,
or other open excavation constructed as the base of a building or
structure but upon which in six months no building or structure has
been placed.
Any building, structure, or portion thereof used for residential,
business or industrial purpose.
Any Building Inspector of the Town of Niskayuna or such other
person appointed by the Town Board to enforce the provisions of this
chapter.
Any building or structure which has collapsed and fallen
to the ground, totally or partially.
Any building or structure which has any or all of the following
conditions:
Those where any interior wall or walls or other
structural load-bearing members list, lean or buckle to such an extent
that a plumb line, passing from any overhead supporting member through
the center of gravity, falls outside the middle third of its base.
Those which, exclusive of the foundations, show
33 1/3% or more of deterioration of the supporting member or
members or 50% or more damage to or deterioration of the nonsupporting
enclosing or exterior walls or covering.
Those which have improperly distributed loads
upon the floors or roofs or in which the floors or roofs are overloaded
or which have insufficient strength to be reasonably safe for the
purpose used and which do not meet minimum standards prescribed by
the New York State Uniform Fire Prevention and Building Code.
Those having inadequate or insufficient facilities
for ingress or egress in the event of fire, panic or other emergency
or those having insufficient stairways, elevators, fire escapes, aisles,
passageways, corridors or other means of access and which do not meet
minimum standards prescribed by the New York State Uniform Fire Prevention
and Building Code.
Those which have parts thereof which are so
attached or connected in such a manner that they may fall, collapse
or cause damage and injury to the occupants thereof or other persons
or property.
Those which are infested with rodents, vermin
or insects.
Those which are not currently inhabited or occupied
and to which access to the interior thereof may be gained by reason
of open, unlocked, or broken windows or doors, or because of other
physical deterioration or damage thereto.
In addition to the foregoing, those which, in
whole or in part, are used for residential, mercantile, industrial,
storage, assembly, institutional or any other purpose, and which,
for want of repair, lack of sufficient fire escapes or exits or by
reason of age or dilapidated condition or from any other cause, are
dangerous or unsafe structurally or a fire hazard or a nuisance to
the general public.
[Amended 6-17-2003 by L.L. No. 7-2003]
Whatever is dangerous to human life or detrimental to health,
including but not limited to:
A public nuisance.
A building, structure or part thereof which
has an existing electrical wiring system which is defective or which
fails to meet ventilation requirements as prescribed by applicable
provisions of law or which has plumbing, sewage or drainage facilities
that are not in conformity with applicable building and plumbing codes
or which is overcrowded.
Includes any alteration, structural change or the performance
of any act necessary or requisite for the elimination of any hazardous,
dangerous or unsafe condition of any dangerous building within the
purview of this Code.
No person owning, leasing, renting, occupying,
being in possession of, or managing any property in the Town shall
maintain or allow to be maintained on such property any dangerous
building, collapsed structure, abandoned cellar excavation, or nuisance,
in violation of this article.
A.
When the Building Inspector or Zoning Enforcement
Officer shall find that a building or structure may be a dangerous
building, or collapsed structure, or that a foundation, cellar or
open excavation may be an abandoned cellar excavation, or that a building
may be a nuisance, he shall serve a notice upon the owner of such
building as provided herein.
B.
Nothing herein, however, shall prevent the filing
of an accusatory instrument charging a violation of this article prior
to or in addition to the service of such notice.
The notice shall contain the following:
A.
A description of the premises;
B.
A statement of the particulars in which the premises
is unsafe or dangerous;
C.
An order outlining the manner in which the premises
is to be made safe and secure, or demolished and removed;
D.
A statement that the repair, securing or removal of
such premises shall commence within 30 days of the service of the
notice;
E.
A statement that, in the event of neglect or refusal
to comply with the order to repair, secure or demolish and remove
the building, structure or abandoned cellar excavation, the Town Board
is authorized to provide for its repair, securing, demolition and
removal, and to assess all expenses thereof against the land on which
it is located;
F.
The notice shall also advise the owner of the subject
property that the owner shall be entitled to a hearing before a three-person
review board comprised of one or two members of the Planning Board
and one or two members of the Zoning Board of Appeals on any matter
the owner wishes to address relating to the existence of the violations
of this article and the removal thereof from the subject property.
The request for a hearing before the review board must be made in
writing, to the Building Inspector, within seven days of the service
of the notice of violation upon the owner of the subject property.
If a hearing is requested, it shall be held within 10 days of the
date on which the request is received by the Town. Upon the conclusion
of the hearing, the review board shall make findings regarding any
alleged violation of this article and shall make an order directing
the manner in which any such violation shall be corrected.
The said notice shall be served:
A.
By personal service of a copy thereof upon the owner
or upon the owner's agent as shown by the records of the Receiver
of Taxes; or
B.
By mailing a copy thereof to the owner by certified
mail directed to the owner's last known address as shown by the records
of the Receiver of Taxes or at any other address at which the owner
can be found; or
C.
By personal service of a copy of such notice upon
any adult person residing in or occupying or found at such premises
and by mailing a copy thereof by first class mail to the owner at
the address shown by the records of the Receiver of Taxes; or
D.
By securely affixing a copy of such notice upon the
premises and by mailing a copy thereof by first class mail to the
owner at the address shown by the records of the Receiver of Taxes.
In the event of the refusal or neglect of the
person so notified to comply with said order of the Building Inspector
or after the hearing by the review board, the Town Board may provide
for the repair, securing, demolition or removal of such building or
structure.
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 an administrative fee in the amount of $250, 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 12 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 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 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 § 75-20.1 hereof.
Any person or persons, association, firm, or
corporation who shall violate any of the provisions of this article
shall be guilty of an offense which shall be punishable by a fine
of not more than $500, or imprisonment for not more than 30 days,
or both. Each day that a violation continues shall be deemed a separate
offense.
Each separate provision of this chapter shall
be deemed independent of all other provisions herein and, if any provisions
shall be deemed invalid, all other provisions hereof shall remain
valid and enforceable.
