[HISTORY: Adopted by the Town Board of the Town of Waterford 10-5-1993 by L.L. No.
2-1993. Amendments noted where applicable.]
This chapter shall be known as the "Unsafe Buildings Law" of
the Town of Waterford.
This chapter is promulgated pursuant to authority conferred
by § 130, Subdivision 16, of the Town Law of the State of
New York.
Unsafe buildings pose a threat to life and property in the Town
of Waterford. Buildings and structures may become unsafe by reason
of damages 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 by vagrants and transients. A dilapidated
building may also serve as a place of rodent infestation, thereby
creating a health menace to the community. Debris, rubble, scrap,
abandoned machinery or equipment or parts of buildings left on the
ground and not removed constitute a dangerous, unhealthy and unsightly
condition. 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 Waterford by requiring that such unsafe buildings be repaired
or demolished and removed.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof, including the
lot on which such building, structure or portion thereof is situated,
used for residential, business, industrial, recreational or other
purpose.
The Inspector of Buildings of the Town of Waterford or such
other person appointed by the Town Board of the Town of Waterford
to enforce the provisions of this chapter.
The Town of Waterford.
The Town Board of the Town of Waterford.
Any building, as defined in this section, which:
Is or may become dangerous or unsafe to the general public;
Is open at the doorways or 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;
Contains or consists of debris, rubble, scrap, abandoned machinery
or equipment, or parts thereof, or parts of buildings, whether in
the building or on the lot on which such building is located;
Is abandoned or inadequately maintained;
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 be lawfully used.
When, in the opinion of the Inspector of Buildings, or upon
receipt of information, that an unsafe building exists in the Town
of Waterford, the Inspector of Buildings shall cause or make an inspection
thereof and report in writing to the Town Board of the Town of Waterford
his findings and recommendations in regard to its repair or demolition
and removal.
The Town Board shall thereafter consider such report and by resolution determine, if in its opinion the report so warrants, that such building is an unsafe building as defined in § 63-4 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 in the manner provided in § 63-7 of this chapter.
The notice shall contain the following:
A.
A description of the premises.
B.
The name of the owner of the premises as it appears from the tax
and deed records.
C.
A statement of the particulars in which the building is unsafe or
dangerous.
D.
An order outlining the manner in which the building is to be made
safe and secure or demolished and removed.
E.
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.
F.
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.
G.
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 land on which it is located
and to institute a special proceeding to collect the costs of demolition,
including legal expenses.
The notice shall be served:
A.
Upon the owner, executor, legal representative, administrator, agent,
lessee or any 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, executor, legal representative,
administrator, agent, lessee or any person having a vested interest
or contingent interest in such unsafe building, as shown by the Town
tax records or the records of the Saratoga County Clerk's office;
and
B.
If such notice be served by registered mail, by securely affixing
a copy of such notice upon the unsafe building.
The Town Board shall conduct a hearing at the time and place
specified in the notice. It may adjourn the hearing from time to time
until all interested parties are heard and until the hearing is completed.
At the conclusion of the hearing, the Town Board shall determine by
resolution to either revoke the order to repair or remove, modify
said order or continue and affirm said order and direct the owner
or other persons to complete the work within the time specified in
the order or such other time as shall be determined by the Town Board.
In the event that the owner, occupant or other person having an interest
in said premises shall fail to appear at the hearing, the Town Board
can take any of the above actions, and such person shall lose all
rights to be heard before the Town Board.
A copy of the notice served as provided in § 63-8 shall be filed in the office of the County Clerk of the County of Saratoga.
In the event of the refusal or failure of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide that such building shall be made safe and secure or provide for the demolition and removal of such building either by Town employees or by contract. Except in emergency as provided in § 63-13 hereof, any contract for repair or demolition and removal of a building in excess of $20,000 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, and all reasonable and
necessary legal expenses incidental thereto, shall, at the option
of the Town Board:
A.
Be assessed against the land on which such building is located and
shall be levied and collected as a special ad valorem levy;
B.
Be collected by commencement of a special proceeding against the
owner of said unsafe or dangerous building or structure pursuant to
General Municipal Law § 78-b; or
C.
Be collected in any other manner allowed by law.
Where it reasonably appears that there is present a clear and
imminent danger to the life, safety or health of any person or property:
A.
The notice as described in § 63-7 shall also require the building to be vacated forthwith and not reoccupied unless and until the unsafe building has been repaired and secured or demolished and removed and the Inspector of Buildings has inspected and approved such repairs and removal. Until such inspection and approval, it shall be unlawful for any person to enter the building except for the purpose of inspecting such building or making the required repairs or demolishing the same; and
B.
The Town Board may by resolution authorize the Inspector of Buildings to immediately cause the repair or demolition of such unsafe building. In such a case the Inspector of Buildings may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary, and for this purpose may close a public or private way. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 63-12 hereof.
The Town Board may elect to apply to the Supreme Court of the
State of New York for an order directing that the building be repaired
and secured or demolished and removed.
A.
It shall be unlawful for any firm, person or corporation to violate
any portion of this chapter or to fail to comply with any notice or
order made hereunder.
B.
Any person, having been served, who fails to comply with a written
order of the Inspector of Buildings or the Town Board within the time
fixed for compliance therewith or any owner, builder, architect, tenant,
contractor, subcontractor, construction superintendent or their agents
or any other person taking part or assisting in the construction or
use of any building who knowingly violates any applicable provision
of this chapter shall be subject to a fine of not more than $500 or
30 days in jail, or both. Each day that a violation continues shall
be deemed a separate offense.
C.
Except as provided otherwise by law, such a violation shall not be
a crime, and the penalty or punishment imposed therefor shall not
be deemed for any purpose a penal or criminal penalty or punishment
and shall not impose any disability upon or affect or impair the credibility
as a witness, or otherwise, of any person convicted thereof.
D.
This section shall not apply to violations of the Uniform State Fire
Prevention and Building Code punishable under § 382 of the
Executive Law of the State of New York; nor to violations of the provisions
of the Multiple Residence Law punishable under § 304 of
the Multiple Residence Law of the State of New York.
