[HISTORY: Adopted by the Town Board of the Town of Queensbury 8-22-1983
by L.L. No. 3-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 80.
Building construction — See Ch. 88.
Unsafe buildings pose a threat to life and property in the Town of Queensbury.
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 for 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 Queensbury by requiring
such unsafe buildings to be repaired or demolished and removed.
This chapter shall be known as "Unsafe Buildings Law of the Town of
Queensbury."
As used in this chapter, the following terms shall have the meanings
indicated:
Any building, structure or portion thereof used for residential,
business or industrial purposes or accessory thereof.
The Director of Building and Code Enforcement of the Town of Queensbury,
or such other person appointed by the Town Board to enforce the provisions
of this chapter.
[Amended 5-24-1991 by L.L. No. 6-1991]
[Amended 5-24-1991 by L.L. No. 6-1991]
When, in the opinion of the Director of Building and Code Enforcement
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 of which it
may lawfully be used, he shall cause or make an inspection thereof and report
in writing to the Town Board his findings and recommendations in regard to
its repair or demolition and removal.
The Town Board shall thereafter consider such reports and by resolution
determine, if in its opinion the report so warrants, that such 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 and in the manner provided herein.
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, for good cause shown, such time shall be
extended.
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 demolition and removal, to assess all
expenses thereof against the real property on which it is located and to institute
a special proceeding to collect the costs of demolition, including legal expenses.
[Amended 5-24-1991 by L.L. No. 6-1991]
Said notice shall be served on the owner or some one of the owner's
executors, legal representatives, agents, lessees or any other person having
a vested or contingent interest in such unsafe building, either personally
or by registered mail, addressed to the last known address, if any, of the
owner or some one of the owner's executors, legal representatives, agents,
lessees or other person having a vested or contingent interest in such unsafe
building, as shown by the records of the Receiver of Taxes and/or in the office
of the County Clerk or County Register, containing a description of the premises,
a statement of the particulars in which the building or structure is unsafe
or dangerous and an order requiring same to be made safe and secure or removed;
and if such service is made by registered mail, a copy of such notice shall
be posted on the premises.
A copy of the notice served as provided herein shall be filed in the
office of the County Clerk of the County of Warren.
[Amended 5-24-1991 by L.L. No. 6-1991]
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, the Town Board shall provide for the demolition and removal of such building or structure either by Town employees or by contract. Except in an emergency as provided in § 60-11 hereof, any contract for demolition and removal of a building in excess of $7,000 shall be awarded through competitive bidding.
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, shall be assessed against the real property 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 special ad valorem assessments.
[Amended 5-24-1991 by L.L. No. 6-1991]
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 Director of Building and Code Enforcement to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be charged against the real property on which it is located and shall be assessed, levied and collected as provided in § 60-10.
[Added 5-24-1991 by L.L. No. 6-1991]
Any person, firm or corporation violating or refusing to comply with
an order of the Town Board issued under the provisions of this chapter shall,
upon conviction thereof, be punishable by a fine not exceeding $250 or by
imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
