Unsafe buildings or structures pose a threat to life and property.
Buildings and structures may become unsafe by reason of damage by
fire, the elements, age or general deterioration. Vacant buildings
or structures 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 transients, a dilapidated building
or structure 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 Colonie by requiring that such
unsafe buildings or structures be repaired or demolished and removed.
Therefore, pursuant to § 130, Subdivisions 1, 3-a, 5, 15
and 16 of the Town Law, the Colonie Town Board hereby enacts this
legislation to provide for the correction of these unsafe conditions.
However, pursuant to the authority of Municipal Home Rule Law § 10,
said provisions of § 130 of the Town Law are hereby superseded
and modified in their application to the Town of Colonie so as to
authorize the additional or alternate violations, procedures and penalties
specified in this article. This chapter shall apply to all buildings
in the Town of Colonie.
As used in this chapter, the following terms shall have the
meaning indicated:
A structure wholly or partially enclosed within exterior
walls, or within exterior party walls, and roof, affording shelter
to persons, animals or property.
The Commissioner of Public Works appointed pursuant to § 34-3 of the Town Code of the Town of Colonie.
Includes the owner, occupant, mortgagee, vendee in possession,
operator, assignee or rents receiver, executor, trustee, lessee, property
manager, property maintenance company, agent or any other person,
firm or corporation directly or indirectly in control of a building
or parcel or part thereof, including banks or other financial institutions
or private lenders that have initiated, but not completed foreclosure
proceedings.
An assembly of materials, forming a construction framed of
component structural parts for occupancy or use, including buildings.
Any equipment located on the premises or within a building
or structure which is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or occupants
of the premises, building or structure. Examples of equipment include
but are not limited to boilers; heating equipment; elevators; escalators;
electrical wiring and devices; hazardous liquids, chemicals or gases
and their containers.
Any land, site, premises or area which is in such condition
that it is a hazard to life, health, property or safety of the public
or anyone who uses, occupies or traverses same. Such sites may include
but are not limited to residential lots, whether developed or not,
and commercial lands, both vacant and occupied.
When, in his or her opinion or upon receipt of information that
a building, structure, equipment or site is or may become dangerous
or unsafe to the general public or an object of attraction to juveniles
under 16 years of age or 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, the Building
Department Manager shall cause or make an inspection thereof and report,
in writing, to the Commissioner of Public Works or designee who shall
provide the report, with his or her recommendation, in writing, to
the Town Board about its repair or demolition and removal. Said report
also may include additional reports from the Town Designated Engineers
or an architect registered in the State of New York retained by the
Town to assist in the enforcement of this Chapter.
The Town Board shall thereafter consider such report or reports
and by resolution determine if, in its opinion, the report or reports
warrant that such building or structure is unsafe and dangerous and
order its repair or its demolition and removal, and further order
that notice be served upon the person/owner 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 requiring the building to be made safe and secure or demolished
and removed.
D.
A statement that the securing or removal of such building shall start
within 10 days after the date of a public hearing and shall be completed
within 30 days thereafter.
E.
The time and place for a hearing to be held before the Town Board
or its designee regarding the report(s) and notice to repair or demolish.
The notice to repair or demolish shall be served on one of the
person/owners or one of the person/owner's executors, legal representatives,
agents, lessees or any other person having a vested or contingent
interest in said property, by personal service or by certified mail,
addressed to the last known address, if any, as shown by the records
or the Receiver of Taxes and/or in the office of the Albany County
Clerk. A copy of said notice shall be posted on said building or structure.
A copy of the notice to remove or demolish shall be filed in
the office of the Albany County Clerk, 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 of the State of
New York and shall have the same effect as a notice of pendency as
therein provided. A notice so filed shall be effective for one year
from the date of filing; provided, however, that it may be vacated
upon the order of a Judge or Justice of a court of record or upon
the consent of the Town Attorney or designee. The Clerk of the county
where such notice is filed shall mark such notice and record or docket
thereof as canceled of record upon the presentation and filing of
such consent or of a certified copy of such order.
Where it reasonably appears to the Building Department Manager
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, secured or demolished, the Commissioner of Public Works
or designee may immediately cause the repair or demolition of such
unsafe building or structure. The expenses of such repair or demolition
shall be assessed as hereinafter provided.
The Town shall be reimbursed for all costs of work performed
or services rendered, including attorney's fees, costs and disbursements,
by assessment and levy on the real property on which such violation
occurred, including but not limited to the cost of actually removing
said building or structure. The expense so assessed shall constitute
a lien and charge on the real property on which it is levied until
paid or otherwise satisfied or discharged and shall be collected in
the same manner and at the same time as other Town taxes and charges.
A.
In the event of the failure of the person/owner, firm or corporation served with the Town Board's order issued pursuant to § 62-30 above to correct the unsafe condition in accordance with the provisions of the order, the Town of Colonie may repair, remove or correct such unsafe condition and either:
(1)
Pursuant to § 130, Subdivision 16, of the Town Law, assess all costs and expenses incurred by the Town in connection with the hearing and proceeding to remove or secure the property on which said building, structure, or equipment are located after notice of the amount of such assessment has been given to the person, firm or corporation described in § 62-32 above; or
(2)
Pursuant to § 78-b of the General Municipal Law, the Town
Board may direct the Town Attorney to commence a special proceeding
in a court of competent jurisdiction to collect the costs of repair,
correction or demolition, including reasonable and necessary legal
expenses incidental to obtaining an order to repair, correct or demolish,
from the owner of said building, structure, equipment or site.
B.
Costs which may be recovered shall include, but not be limited to,
the following:
(1)
Actual attorney's fees and disbursements for services rendered with
or without the commencement of litigation;
(2)
Actual professionals' (e.g., Town-designated engineers, architects,
outside engineers) fees and disbursements, including the costs and
expenses of the Town Building Department Manager and his Inspectors;
(3)
Actual costs of securing, demolishing, removing or repairing the
building, structure, equipment or site deemed dangerous or unsafe;
(4)
Costs of filing, recording, serving and/or publishing notices;
(5)
Costs of tax and/or title searches; and
(6)
All filing fees associated with the review process and litigation,
if any.
Any person, firm or entity upon whom an order to remedy violation from the Building Department Director or an order from the Town Board has been served, who fails, neglects or refuses to place such unsafe building, structure, equipment or site in a safe condition as designated in such order(s) or who shall violate any of the provisions of this article or orders given pursuant thereto or who shall resist or obstruct the Building Department Director or Town Board in carrying out the provisions of this article, shall, upon conviction thereof, in addition to any other remedies and penalties allowed by law, be subject to the remedies and penalties delineated in § 62-26 herein.
