In order to prevent blight and the spread thereof, it is hereby
declared that all structures or properties, whether occupied or vacant,
shall be maintained in conformity with the standards set out in this
chapter so as to ensure that none of these structures or properties
will adversely affect their neighborhood or the community. It is found
and declared that by reason of lack of maintenance and progressive
deterioration, structures and properties have the further effect of
creating blighting conditions and initiating slums and the presence
of unkempt lawns, overgrowth, brush, weeds and noxious or poisonous
brush and weeds creates the blighting effect of causing poor drainage,
and that if the same are not curtailed and removed, the aforesaid
conditions will grow and spread and will necessitate in time the expenditure
of large sums of public funds to correct and eliminate the same. By
reason of timely regulations, as herein contained, the growth of slums
and blight may be prevented and the neighborhood and property values
thereby maintained the desirability and amenities of residential and
nonresidential uses and neighborhoods enhanced and the public health,
safety and welfare protected and fostered.
This chapter shall apply to all property situate in the Town
of Colonie.
When this chapter is in conflict with any other local law, ordinance,
statute, rule, regulation or any other code or ordinance adopted by
the Town of Colonie, the most restrictive law shall prevail.
This chapter shall be enforced by the Building Department of
the Town of Colonie.
For the purpose of this chapter, the terms used herein are defined
as follows:
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of the premises.
That space of a building that is partly below grade which
has 1/2 or more of its height measured from floor to ceiling above
the finished grade of the ground adjoining the building.
Any untended or uncultivated grasses, bushes, deleterious
or unhealthful vegetation or other growing matter in excess of 10
inches in height, except trees, properly tended ornamental shrubbery,
properly tended flowers or vegetables, properly tended pastureland,
woodland or land under cultivation.
A structure, wholly or partially enclosed within exterior
walls or within exterior or party walls, and a roof affording shelter
to persons, animals or property.
Scattered remains, discarded waste and litter.
A building containing not more than two dwelling units occupied
or designed exclusively for residential purposes by not more than
two families, each with separate household arrangements.
A notice of violation containing each of the elements set
forth in the definition of notice of violation (except notice of a
right to a hearing), and in addition thereto, a statement that an
emergency condition requiring immediate correction has been found
to exist and setting forth the date and time by which the violation
is to be cured.
Food wastes, as from a kitchen, worthless matter and trash.
A multiple dwelling used primarily for the purpose of furnishing
lodging with or without meals for transient guests for compensation.
To make untidy by discarding trash carelessly.
Any form of multicellular fungi that live on plant or animal
matter and in indoor environments. Types of mold include, but are
not limited to, Cladosporium, Penicillium, Alternaria, Aspergillus,
Fusarium, Trichoderma, Memoniella, Mucor and Stachybotrys chartarum
and are often found in water-damaged building materials.
[Added 3-10-2022 by L.L. No. 1-2022]
A multiple dwelling, not over two stories in height, intended
primarily for motorists; includes but is not limited to the terms
"motor court," "motor hotel" and "tourist court."
A statement in writing above the signature of the Building
Department Manager or designee, setting forth the name and address
of the person/owner, mortgagee, mortgagor, occupant or tenant to be
served, the date, time and location of the violation, a description
of the violation, the date by which the violation must be cured, notice
of a right to a hearing, the penalties which may accrue and the right
of the Manager of the Building Department or designee to correct the
violation if not corrected in a timely manner.
Includes the owner, occupant, mortgagee, mortgagor, 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.
A lot or parcel of land, including the buildings and structures
thereon.
Something rejected or discarded as worthless or useless.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
Worthless discarded material.
A.
Person/owner of premises, occupant, mortgagee in possession, mortgagor
in possession, vendee in possession, operator, assignee or rents receiver,
executor, trustee, lessee, agent or any other person, firm or corporation,
banks or other financial institutions or private lenders that have
initiated, but not completed foreclosure proceedings, who are directly
or indirectly in control of a building or parcel or part thereof,
including single-family dwellings, shall be responsible for compliance
with this chapter and shall remain responsible therefor, regardless
of the fact that this chapter may place certain responsibility on
operators and occupants and regardless of any agreements between owners
and operators or occupants as to which party shall assume responsibility.
Person/owner of premises, occupant, mortgagee in possession, mortgagor
in possession, vendee in possession, operator, assignee or rents receiver,
executor, trustee, lessee, agent or any other person, firm or corporation,
banks or other financial institutions or private lenders that have
initiated, but not completed foreclosure proceedings, who are directly
or indirectly in control of a building or parcel or part thereof shall
be responsible for maintenance of the premises in a clean, safe and
sanitary condition.
B.
Occupants of dwelling units shall be responsible for compliance with
this chapter in regard to the following:
(1)
Maintenance of that part of the premises which they occupy and control
in a clean, safe and sanitary condition and in compliance with this
chapter.
(2)
Keeping all exits from the dwelling unit clean and unencumbered.
(3)
Disposal of garbage and refuse into refuse containers in a clean
and sanitary manner.
C.
Front, side and rear yards shall be maintained by person/owners and/or
occupants of dwelling units to the Town Code standards and front,
side and rear yards must be maintained, including but not limited
to watering, mowing, removal of grass cuttings, removal of trimmings
and leaf removal.
All land shall be properly graded as to permit the appropriate
drainage of surface and subsurface waters to prevent the accumulation
of stagnant waters and to appropriately protect buildings and structures
thereon. Exterior walls, including doors and windows and the areas
around doors, windows, chimneys and other parts of the building, shall
be so maintained as to keep water from entering the building. Materials
which have been damaged or show evidence of dry rot or other deterioration
shall be repaired or replaced and refinished in a workmanlike manner.
A.
All land must be kept free of dead or dying trees and accumulations
of brush, shrubs, weeds, grass, stumps, roots, excessive and/or noxious
growths, garbage, grass cuttings, trimmings, refuse or debris which
would either tend to start a fire or increase the intensity of a fire
already started or cause an unsightly condition, cause poisoning or
irritation to people or animals or cause or tend to cause or enhance
an unhealthy or dangerous or obnoxious condition on said property
or on any adjacent or neighboring property.
B.
All land shall be maintained in a manner that will prevent excessive
dust or other particles of dirt from being blown onto adjacent or
neighboring property.
C.
Steps, walks, driveways, parking areas and similar paved areas on
the premises shall be maintained so as to afford safe passage under
normal use and weather conditions. Any holes in the pavement or other
hazards that may exist shall be promptly filled or necessary repairs
or replacements carried out. All off-street parking facilities shall
be swept clean not less than twice each year.
D.
All open wells, cisterns, cesspools, cellars or otherwise unnatural
declivities shall be kept covered, barricaded or otherwise closed
or secured from public access and shall be kept free of stagnant water
and debris. All temporary excavations and declivities shall be kept
covered or barricaded so as to protect the general public from injury.
E.
The erection or use of electrified or barbed wire fences, or a combination thereof, shall be subject to the obtaining of a special permit pursuant to § 190-57 of the Town Code of the Colonie before obtaining a building permit therefor.
F.
Fences, planters, garden structures, accessory structures, pools
and other minor construction shall be maintained in a safe and substantial
manner.
G.
All repairs to public walkways are subject to prior approval of the
Commissioner of Public Works of the Town of Colonie or designee.
H.
The exterior of all structures shall be kept free from loose, broken
or unsecured objects and materials. Such loose or unsecured objects
or materials, including but not limited to antennas, aerials, shutters,
shingles, bricks, railings and gutters, shall be properly secured
or removed from the structure.
I.
All exterior exposed structures not inherently resistant to deterioration
shall be coated, treated or sealed to protect them from deterioration
or weathering. Wood, masonry or other exterior materials that will
naturally resist deterioration do not have to be treated but must
be otherwise maintained in a sound, secure workmanlike manner. Exterior
surfaces that have been painted or otherwise coated must be maintained
in a neat, orderly, serviceable manner.
J.
Floors, corridors, hallways, walls, vestibules, ceilings, stairs
and fixtures of buildings shall be maintained in a clean, safe and
sanitary condition. Every floor, exterior wall, roof, porch or appurtenance
thereto shall be maintained in a manner so as to prevent the collapse
of the same or injury to the occupants of the building or to the public.
K.
Foundation walls and bearing walls of every building shall be maintained
in good repair and be structurally sound.
L.
Vacated buildings or structures must be kept locked or secured. Person/owners
of such buildings shall take such steps and perform such acts as may
be required to ensure that the building and its adjoining yards remain
safe and secure and do not present a hazard to adjoining property
or to the public and that such property does not become unsightly
or infested with vermin or rodents.
M.
Each person/owner of any building from which garbage, rubbish, mixed
refuse, ashes or other wastes are collected shall provide refuse containers
sufficient in number to hold all collectible wastes which may accumulate.
Containers must be flytight, rodent-tight and watertight and must
be kept covered at all times. No storage of any garbage, rubbish,
waste, yard waste or recycling receptacle over 96 gallons in size
is permitted within the side yard or front yard except for weekly
residential pickup and except as permitted by site plan approvals.
Temporary residential dumpsters are permitted, but may not remain
on a property for more than 30 days per calendar year unless an active
building permit has been issued for the property, except where work
associated with that permit has ceased for a period of 30 days. No
more than one temporary residential dumpster is permitted on any residential
parcel.
[Amended 7-23-2015 by L.L. No. 9-2015]
N.
All grounds, buildings and structures shall be maintained in such
a manner to ensure that they shall be free of vermin and rodent harborage
and infestation.
O.
Persons owning or occupying property shall keep all walkways located
upon said premises free from litter and trash of whatever nature.
P.
It shall be the person/owner's, occupant's or tenant's responsibility
to ensure the immediate (within 48 hours) removal and disposal of
human or animal feces on the premises in an appropriate and sanitary
manner.
Q.
Garbage, refuse, junk and litter shall be disposed of in a safe and
sanitary manner and the premises kept free and clear therefrom.
R.
All land shall be maintained so as not to alter the existing flow
rates, peaks, quantities or direction of storm drainage. The topography
or surface quantities of an area shall not be modified so as to alter
the water retention characteristics of the property. No person shall
fill, obstruct, dam, divert or otherwise alter or change the natural
or artificial flow of waters or drainage or the intensity or quantity
of flow through any stream, ditch, pipe, culvert, swale, watercourse,
drainage easement or other drainage system.
S.
Roof stormwater drainage shall be discharged in such a manner as
to not flow onto adjacent properties. Downspouts not tied directly
into a stormwater sewer system shall be directed in such a manner
as to allow stormwater to dissipate within the confines of the property
or as to convey the stormwater directly to an existing drainageway
located, at least in part, on the property.
T.
All property shall be maintained so as to prevent erosion or sedimentation
that causes or can be reasonably expected to cause in the future a
loss of stability or any existing slope, slope failure, sediment deposition
in a regulated body of water or natural or man-made drainageway, or
deposition of soils on surrounding properties.
U.
Areas of bare earth shall be covered with vegetation, mulch or other
suitable material to prevent the spread of dust and mud.
V.
The presence of mold, or a mold-like substance, that is greater than 10 square feet in a dwelling unit, building, appurtenant structure, common wall, heating system, ventilation and air-conditioning system, attic, basement and/or crawl space that may affect the indoor quality of a dwelling unit or building must undergo a mold assessment by a New York State licensed mold assessor. If the assessor finds the presence of mold, the mold must be remediated by a New York State licensed mold remediator. Upon the completion of any and all required remediation, the mold assessor shall issue a written clearance report indicating the completion of the remediation. The property owner shall be required to provide a copy of the clearance report to the Town of Colonie Building Department. In the event that the building/property owner fails to comply with mold assessment and remediation requirements as set forth herein, penalties and fines shall be implemented in accordance with § 62-50 of this chapter.
[Added 3-10-2022 by L.L. No. 1-2022]
A.
Whenever the Building Department Manager or designee shall declare
that a building, property or vacant area is in violation of this chapter,
he or she shall serve a notice in the manner described in this chapter,
reciting the facts constituting such violation, specifying in what
respect the building or vacant area is in violation and requiring
and ordering the person/owner to remove such violation within a prescribed
time as defined below. Such notice shall provide that, if the owner
fails to remove such violation within such period for compliance so
prescribed, the Building Department Manager or designee may remedy,
remove or cause the removal of such violation by cutting, cleansing,
repairing or taking such other corrective actions deemed necessary
and shall notify the owner of his or her right to a hearing as hereinafter
provided.
(1)
The prescribed time limit for lawn maintenance (i.e., grass/weed
cutting) shall be seven days after service of such notice.
(2)
The prescribed time for all other violations of this chapter shall
be 14 days after service of such notice, or such lesser period of
time wherein an emergency exists as may be determined by the Building
Department Manager or designee.
B.
With the exception of lawn maintenance notices of violation, whenever
such notice is served, the person/owner may, within five days after
such service of the notice of violation, request in writing a hearing
before the Town Board or designee, and a hearing shall be given such
person/owner prior to the expiration of the seven- or fourteen-day
period for compliance so prescribed.
C.
Whenever such notice is served for violation of lawn maintenance
(grass/weed cutting) regulations, it shall be the responsibility of
the person/owner to bring the property into compliance within the
prescribed time limit.
D.
If the Building Department Manager or designee proceeds to execute
a notice issued by him or her for the removal of a violation, the
Town Board may let contracts therefor and pay the cost thereof out
of general Town funds to be appropriated by the Town Board for such
purpose or direct Town personnel to remedy or remove the violation
and charge the cost of same to the person/owner as set forth below.
Every notice shall be served by one of the following methods:
A.
By personal service upon one such person/owner;
B.
By certified mail, addressed to the person/owner's last known address
as shown on the latest completed assessment roll of the Town of Colonie
or as shown from any court process or filing or other reliable source;
or
C.
By the posting of such notice on a conspicuous place upon the premises
affected.
The Town shall be reimbursed for the actual costs and expenses
of the work so performed or services rendered, including reasonable
attorney's fees, costs and disbursements, by assessment and levy on
the real property on which such violation occurred, and 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, firm or corporation served with the Town Board's order issued pursuant to § 62-46 above to correct the unsafe condition in accordance with the provisions of the order, and in the event the Town of Colonie repaired, removed or corrected such unsafe condition pursuant to § 62-46, the Town may 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/owner or occupant who violates or knowingly permits
the violation of this chapter shall be deemed to have committed an
offense against this chapter and shall be subject to the penalties
provided herein. Each separate violation shall constitute a separate
additional offense. However, for the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors, and for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations. Every
day of such violation after the period for compliance has expired
shall be deemed to constitute a separate additional offense. Notwithstanding
the foregoing, any person violating any provision of this chapter
or any article, section or subdivision thereof shall be subject to
a civil penalty in the sum of $500 for the first such violation, $750
for the second such violation and $1,000 for any subsequent violation,
said penalties to be recoverable in the name of the Town of Colonie.
