[Added 1-8-1998 (Art. I of Ch. 10 of the 1973 Code)]
Pursuant to General City Law § 20(35),
it is the intent and purpose of this article to protect the public
from the hazards associated with unsafe buildings, structures and
facilities in the City of Troy; to provide for the identification
and inspection of such; to cite owners of such for failure to comply
with applicable laws, rules and regulations; to provide notice and
due process to owners of such buildings, structures and facilities
that have been identified as deficient and/or constituting a threat
to the public health, safety and welfare; to require the repair and/or
demolition of such upon order of the Director of Code Enforcement
and to provide for reimbursement of the City by owners of such buildings
and structures for expenses associated with the administration and
enforcement of this article.
The Director of Code Enforcement shall be and
hereby is designated as the Director of Buildings for the City of
Troy for the purposes of the administration and enforcement of this
article and shall possess all of the rights, powers and duties of
such director pursuant to § 20(35) of the General City Law.
[Amended 6-5-2003 by Ord. No. 6]
The Director of the Bureau of Code Enforcement,
the City Engineer or the Fire Chief may initiate and provide for the
inspection of any building, structure or facility that, from any cause,
may constitute a threat or danger to the health, safety or welfare
of the public. Such inspection shall result in the preparation of
a written report and findings by the City Engineer or other qualified
City official as to the condition of such building, structure or facility
and whether such condition constitutes a threat to the public health,
safety or welfare.
[Amended 6-5-2003 by Ord. No. 6]
Upon a finding that a building, structure or
facility constitutes a threat to the public health, safety or welfare,
the Director of the Bureau of Code Enforcement, the Fire Chief or
the City Engineer shall notify the owner of such premises and all
others having an interest therein, either personally or by certified
mail, addressed to his or her last known address as shown by the records
of the Assessor of the City of Troy. Such notice shall contain: a
statement of the particulars in which the building, structure or facility
is unsafe or dangerous; an order of the Director of the Bureau of
Code Enforcement, the City Engineer or the Fire Chief requiring same
to be repaired or removed and a period of time within which the owner
so served shall commence the repair or removal of such building, structure
or facility. If such service be by certified mail, the Commissioner
shall post a copy of such notice on the premises. A copy of such notice
may also be filed in the office of the County Clerk of Rensselaer
County 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 in this subsection. A notice so filed shall be effective
for a period of one year from the date of filing; provided, however,
that it may be vacated upon the order of a judge of justice of a court
of record or upon the consent of the Corporation Counsel.
[Amended 6-5-2003 by Ord. No. 6]
Those upon whom notice is served pursuant to § 141-75 of this article shall be provided an opportunity for a hearing before the Commissioner of Public Works or a designee thereof. Notice of such hearing shall be served simultaneously with notice served pursuant to § 141-75 of this article and shall include information specifying the date, time and place for such hearing and a statement to the recipient that he or she may wish to consult an attorney in connection with the matter.
[Amended 6-5-2003 by Ord. No. 6]
Following notice and opportunity to be heard pursuant to §§ 141-75 and 141-76 of this article, respectively, and upon failure or refusal of an owner to repair or remove a building, structure or facility within the time prescribed, the Commissioner of Public Works may provide for the removal of such building, structure or facility. All costs and expenses incurred by the City in connection with the proceedings to repair or remove such building, structure or facility, including the cost of actually removing same, disposing of the debris and any necessary legal expenses incidental to obtaining an order to demolish, shall be assessed by the City against the land on which such building, structure or facility is located and/or the Corporation Counsel shall, insofar as is practical, bring a special proceeding on behalf of the City to collect same. Any and all money so collected shall, insofar as is permitted by law, be immediately reappropriated to support the City building demolition program.
