It is the purpose of this chapter to ensure
that property within the Town of Niskayuna is maintained in a safe
and sanitary condition so as not to pose a threat to public health
or property. It is also the intent of this chapter to provide minimum
standards for the maintenance of property to be enforced by the Town
in its effort to prevent the gradual encroachment of blight, deterioration,
unsightliness and property devaluation within its borders and to ensure
that all premises within the Town are maintained in a manner consistent
with their use and which protect the safety, health, and welfare of
the general public.
The provisions of this chapter shall supplement
all local laws, ordinances, codes or regulations existing in the Town
of Niskayuna and other statutes and regulations of municipal authorities
having jurisdiction applicable hereto. Where a provision of this chapter
is found to be in conflict with any provision of an existing local
law, ordinance, or regulation, the provision or requirement of this
chapter shall prevail.
As used in this chapter, the following terms
shall have the meanings indicated:
A building or portion thereof which lacks the habitual presence
of human beings who have a legal right to be on the premises, including
buildings ordered vacated by the Code Administrator and his or her
designees.
[Added 2-9-2021 by L.L. No. 1-2021]
Food or other material used as a food for any animal.
Any structure that is permanently affixed to the land, has
one or more floors and a roof, and is intended for the shelter, housing
or enclosure of persons, animals or chattel.
[Amended 2-9-2021 by L.L. No. 1-2021]
An appointed Building Inspector of the Town of Niskayuna.
[Added 2-9-2021 by L.L. No. 1-2021]
When a mortgagor is 90 days past due of the mortgagor's obligation
to make a scheduled payment under a mortgage or a mortgage note.
[Added 2-9-2021 by L.L. No. 1-2021]
Property for which a new deed has been recorded with the
Schenectady County Clerk following the foreclosure process.
[Added 2-9-2021 by L.L. No. 1-2021]
Discarded, broken, or disabled material including, but not
limited to, furniture, appliances, toys, or other items that are not
in functioning condition.
Discarded waste materials, including but not limited to,
paper wrappings, packaging materials, discarded or used bottles, and
discarded or used cans.
The creditor, including, but not limited to, service companies,
lenders in a mortgage agreement and agent, servant, or employee of
the mortgagee, or any successor in interest, and/or assignee of the
mortgagee's rights, interests or obligations under a mortgage.
[Added 2-9-2021 by L.L. No. 1-2021]
All vehicles propelled or drawn by power other than muscular
power originally intended for use on public highways.
A recorded notice that a default has occurred under a mortgage
and the mortgagee intends to initiate foreclosure proceedings under
New York State Real Property Actions and Proceedings Law (RPAPL) § 1301
et seq.
[Added 2-9-2021 by L.L. No. 1-2021]
Any person or legal entity identified as the property's owner
of record in the records of the Town of Niskayuna Assessor's Office,
or a mortgagee or mortgagor in possession of the property, or an assignee
of rents, a receiver, an executor, a trustee, a lessee, or any other
person or legal entity in control of the premises. Any such person
shall be jointly and severally obliged to comply with the provisions
of this article.
[Amended 2-9-2021 by L.L. No. 1-2021]
Any improved real property or portion thereof, including
all buildings or structures located on the property.
[Amended 2-9-2021 by L.L. No. 1-2021]
The registration form that is available in the Building Department.
[Added 2-9-2021 by L.L. No. 1-2021]
New York State Real Property Actions and Proceedings Law.
[Added 2-9-2021 by L.L. No. 1-2021]
A building or structure which is 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.
Waste food products and other household garbage.
A building or portion thereof which is open to entry by unauthorized
persons without the use of tools or ladders.
[Added 2-9-2021 by L.L. No. 1-2021]
A building or portion thereof which is:
[Added 2-9-2021 by L.L. No. 1-2021]
Unoccupied and unsecured;
Unoccupied and secured by other than normal means;
Unoccupied and an unsafe building as determined by the Code
Enforcement Officer or his or her designees;
Unoccupied and has multiple housing or building code violations;
or
Unoccupied in violation of one or more of the provisions of
this article.
Various small animals, such as rats, that may be destructive
or injurious to health.
A space unoccupied by structures on the same lot with a building
or structure.
