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:
ACCESSORY STRUCTURE
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of the premises.
BASEMENT
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.
BRUSH AND WEEDS
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.
BUILDING
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.
DEBRIS
Scattered remains, discarded waste and litter.
DWELLING, TWO-FAMILY
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.
EMERGENCY NOTICE OF VIOLATION
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.
GARBAGE
Food wastes, as from a kitchen, worthless matter and trash.
HOTEL
A multiple dwelling used primarily for the purpose of furnishing
lodging with or without meals for transient guests for compensation.
LITTER
To make untidy by discarding trash carelessly.
MOLD
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]
MOTEL
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."
MULTIPLE DWELLING
A.
A building containing three or more dwelling units.
B.
A building with sleeping accommodations for more than five persons,
used or occupied for a club, dormitory, fraternity or similar use.
C.
A dwelling unit occupied by more than five unrelated persons
either by blood or marriage.
NOTICE OF VIOLATION
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.
PERSON/OWNER
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.
PREMISES
A lot or parcel of land, including the buildings and structures
thereon.
REFUSE
Something rejected or discarded as worthless or useless.
STRUCTURE
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
TRASH
Worthless discarded material.
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.
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.
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.