[HISTORY: Adopted by the Board of Trustees
of the Village of Scotia 12-8-2004 by L.L. No. 11-2004.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 115.
Nonresidential building maintenance — See Ch. 117.
Electrical standards — See Ch. 125.
Fire prevention and building construction — See Ch. 150.
Garbage, rubbish and refuse — See Ch. 160.
Junked motor vehicles — See Ch. 166.
Plumbing — See Ch. 188.
Unsafe buildings pose a threat to life and property
in the Village of Scotia. Buildings and structures may become unsafe
by reason of damage by fire, the elements, age or general deterioration.
Vacant buildings not properly secured also serve as an attractive
nuisance for young children who may be injured therein as well as
a point of congregation by vagrants and others. 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 Village of Scotia by requiring that such
unsafe buildings be secured, repaired or demolished and removed.
As used in this chapter, the following terms
shall have the meanings indicated:
Any structure having a roof supported by columns or walls
and intended for the shelter or enclosure of persons, animals or property.
The Building Inspector of the Village of Scotia or such other
person or persons appointed by the Board of Trustees to enforce the
provisions of this chapter or the New York State Uniform Fire Prevention
and Building Code.
A condition where it reasonably appears that there is present
a clear and imminent danger to the life, safety or health of any person
or property, caused by an unsafe building unless it is immediately
secured, repaired and or demolished and removed.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something located on the ground.
Any building or structure which has any of the following
conditions:
Is or may become dangerous or unsafe to the
general public, occupants or nearby properties by reason of bad conditions
of walls or roofs, overloaded floors, defective construction, deterioration,
decay, instability, collapse or lack of safeguards;
Is not secure due to openings, making it accessible
to and an object of attraction to minors under eighteen years of age,
as well as to vagrants or 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.
No person, firm, corporation, partnership or
association, or other entity capable of being sued owning, possessing
or controlling real property in the Village of Scotia shall permit,
suffer or allow any building or structure upon such property to be
or become an unsafe building from any cause whatsoever.
When the Building Inspector deems, in his/her
own opinion or upon receipt of information, that a building or structure
may be unsafe, he or she shall cause or make an inspection thereof.
If the Building Inspector determines that a building or structure
is unsafe he or she shall make a report in writing to the Board of
Trustees which contains a statement of the particulars in which the
building or structure is unsafe and recommendations in regard to its
securing, repair or demolition and removal.
The Board of Trustees shall consider the report
of the Building Inspector and, if in its opinion the report so warrants,
shall determine that the building or structure is an unsafe building
and order its securing, repair, if the same can safely repaired, or
demolition and removal, and serve a written notice to the owner ordering
that the unsafe building be secured, repaired or demolished and removed
as follows:
A.
Notice shall contain the following:
(1)
A description of the premises;
(2)
A copy of the Building Inspector's written report
which includes a statement of the particulars in which the building
or structure is an unsafe building;
(3)
An order requiring the unsafe building to be secured,
repaired or demolished and removed, with utilities being properly
disconnected in accordance with the utilities' rules and regulations,
and that any cellar hole or excavation of any sort be filled in and
the ground restored to a safe and level condition;
(4)
The aforesaid notice shall provide a reasonable time
within which the person served with such notice shall commence the
securing, repair or demolition and removal of said unsafe buildings
and when the work must be completed;
(5)
A date, time and place for a hearing before the Board
of Trustees in relation to such unsafe building, which hearing shall
be scheduled not less than five business days from the day of service
of the notice, but prior to the ordered work commencement date;
(6)
A statement that, in the event of neglect or refusal
to comply with the order to secure, repair or demolish and remove
the unsafe building, the Board of Trustees is authorized to provide
for its securing, repair or demolition and removal, and shall assess
all expenses thereof including legal and engineering expenses against
the land on which it is located which could be accomplished by:
(a)
A special proceeding to collect all costs of
securing, repair or demolition and removal; or
(b)
Assessing said costs of securing, repair or
demolition and removal against the property, which cost shall become
a lien upon the property and maybe levied and collected in the same
manner as the general Village tax.
B.
Service of notice.
(1)
Said notice shall be served either:
(a)
Personally upon the owner or someone of the
owner's executors, legal representatives, agents, lessees or any other
person having a vested or contingent interest in the premises as shown
by the last preceding completed assessment roll of the Village or
of the records of the Schenectady County Clerk; or
(b)
By mailing a copy of said notice to such owner
as aforesaid by registered mail, addressed to the last known address
or the owner and by affixing a copy of said notice to the premises.
(3)
A copy of the notice shall also be filed in the office
of the Schenectady County Clerk or the county within which such building
is located, which notice shall be filed by such clerk in the same
manner as a notice of pendency pursuant to Article 65 of the Civil
Practice Law and Rules, and shall have the same effect as a notice
of pendency as therein provided, except as otherwise hereinafter provided.
A notice so filed shall be effective for a period of one year from
the dated of filing; provided, however, that it may be vacated upon
the order of a judge or upon the consent of the Village Attorney.
A.
The hearing shall be conducted before the Board of
Trustees. The Building Inspector shall present his or her report to
the Board of Trustees in writing. The owner or his or her representative,
if present, shall call such witnesses as he or she deems necessary.
The Board of Trustees shall make written finding of fact from the
testimony offered as to whether or not the building or structure in
question is an unsafe building and may confirm, modify or vacate its
determination and notice to secure, repair or demolish and remove.
B.
If the Board of Trustees finds that the building or
structure is an unsafe building and directs its securing, repair or
demolition and removal, the owner shall comply with the order within
the time prescribed by the Board of Trustees.
C.
If the owner fails, refuses or neglects to secure,
repair or demolish and remove said unsafe building as directed by
the Board of Trustees following the hearing, then the Board of Trustees
shall direct the securing, repair or demolition and removal of the
same forthwith. Except in emergency conditions, any such contract
for the securing, repair or demolition and removal shall be awarded
in compliance with competitive bidding laws.
Where an emergency condition exists, the notice
procedures of this chapter are not required to be followed. The Board
of Trustees or, in its absence or inability, the Mayor may authorize
the Building Inspector or other Village officials to immediately cause
the securing, repair or demolition and removal of such unsafe building.
The expenses of such securing, repair or demolition and removal shall
be recovered as provided in this chapter.
In addition to the remedies provided by this
chapter, the Board of Trustees may request the Village Attorney to
make an application to the Supreme Court for an order determining
the building or structure to be an unsafe building and directing that
it shall be repaired, secured or demolished and removed.
A.
All expenses incurred by the Village in connection
with the proceeding to repair, secure or demolish and remove the unsafe
building, including the cost of actually securing, repairing or demolishing
and removing such unsafe building, shall be assessed against the land
on which such unsafe building is located.
B.
If the owner or person served as hereinabove provided
shall fail to pay the costs and expenses incurred by the Village within
10 days after being notified of the costs and expenses thereof by
registered mail by the Village Clerk-Treasurer, the Village Clerk-Treasurer
shall file a certificate of such costs, which shall be assessed upon
said property in the preparation of the next assessment roll of the
general Village taxes, and the same shall be levied, collected and
enforced in the same manner and having the same lien upon the property
as the general Village tax.
C.
The Village may also commence a special proceeding
pursuant to § 78-b of the General Municipal Law for a civil
judgment to collect the costs of repair and securing or demolition
and removal, including reasonable and necessary legal expenses.
The Building Inspector is hereby authorized
to enforce the provisions of this chapter.
Any person, firm, corporation, partnership or
association violating any provision of this chapter shall, upon conviction
thereof, be punishable by a fine of not more than $250 or imprisonment
for a term not exceeding 15 days, or both. Each day that a violation
continues shall be deemed a separate offense.
If any word, phrase or part of this chapter
shall be declared unconstitutional, the same shall be severed and
the remainder of this chapter shall continue in full force and effect.
