Hoosick Falls City Zoning Code
ARTICLE 8
VACANT DWELLING AND VACANT LAND
§ 801 TITLE.
1.
This Article shall hereinafter be known and cited as the "Vacant Dwelling And Vacant Land."
§ 802 AUTHORITY.
1.
This Local Law is hereby declared to be protective, preventive, and essential for the public interest, and it is intended that this chapter be liberally construed to effectuate the purposes stated herein.
§ 803 PURPOSE.
1.
If it is determined that by lack of maintenance and resulting progressive deterioration, the condition of certain properties has the effect of creating blighting conditions and that, if the same are not curtailed and removed, these conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same. Timely regulations and restrictions, as indicated in this Section, will prevent the creation of blighting conditions and the maintenance of neighborhood and property values. The enhancement of neighborhoods and the public health, safety and welfare would be protected and fostered.
§ 804 GENERAL REQUIREMENTS.
1.
Compliance: Each dwelling used for human habitation, garages, and other outbuildings shall comply with the provisions of this Section, whether or not such dwellings or other structure shall have been constructed, altered, or repaired before or after enactment of this Section, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of said dwelling or other structure, or for the construction or repair of the same. It is the purpose of this Section to establish minimum standards for such dwellings, and this Section does not replace or modify standards otherwise established for the construction, repair, alteration, or use of any said dwellings or other structures.
2.
Conditions of structure: Every foundation, floor, wall, building, door, window, roof, or other part of a building, shall be kept in good repair and capable of the use intended by its design, and any exterior pan or parts thereof subject to corrosion or deterioration, shall be kept well painted or otherwise provided with a protective treatment sufficient to prevent deterioration.
3.
Condition of Property: All vacant land, lots, and premises, with or without buildings thereon, designed for residential purposes, shall be clean and free from garbage, rubbish, and debris, as well as unsightly natural growth, and from any and all conditions which might result in a hazard to safety. All grass, hedges, and shrubbery shall be kept trimmed and shall not be permitted to become overgrown and unsightly. All fences surrounding vacant or occupied lands, herein described, shall be kept in good repair.
4.
Determinations of Code Enforcement Officer: For the purpose of this Section, the Code Enforcement Officer may determine that a building or the surrounding property or vacant land, as herein described, is injurious to the health and safety of the occupants thereof, or of neighboring buildings of other residents of the Village; such conditions may include, but without limiting the generality of the foregoing, dilapidation, disrepair, uncleanliness, or conditions deleterious to the well-being of the general public with reference to vacant land not properly maintained by this Section.
§ 805 PENALTIES FOR OFFENSES.
1.
Every person, corporation, partnership, association, or other legal entity who shall fail to comply with the provisions of this chapter shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00) for the first offense; a fine of not less than two hundred fifty dollars ($250.00) nor more than four hundred dollars ($400.00) and/or seven (7) days in jail for the second offense; and a fine of not less than four hundred dollars ($400.00) nor more than seven hundred and fifty dollars ($750.00) and/or fifteen (15) days in jail for a third or subsequent offense.
2.
Each day that a violation continues shall be deemed a separate offense, except that the penalties shall be the same each consecutive day the first day of said violation if the Code Enforcement Officer finds that a building is unfit for habitation, use or occupancy, and/or he or she finds that conditions exist in such building which are dangerous or injurious to the health or safety of person occupying or using the same or neighboring buildings or to other residents of the Village.
3.
Such conditions may include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident or calamities; lack of adequate ventilation, light, or sanitation facilities; dilapidation; deterioration, disrepair; structural defects; uncleanliness; or failure to comply with standards established by this Article.
§ 806 CHARGES AND HEARING.
1.
Filing a Petition: Whenever a petition is filed with the Code Enforcement Officer by a public authority or by at least five (5) residents of the Village charging that any building is unfit for human habitation or occupancy or use, or whenever it appears to the Code Enforcement Officer that any building is unfit for human habitation or occupancy or use, the Code Enforcement Officer shall, if his or her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, managing agent, or occupant of such building a complaint stating the charges in that respect, and containing a notice that a hearing will be held before the Village Court or other court of competent jurisdiction not less than ten (10) days nor more than thirty (30) days after serving of said complaint, appear in person, or otherwise, and give testimony at the place and time fixed in the complaint.
2.
Failure of Owner to Comply with Order to Repair or Vacate: If the owner fails to comply with an order requiring him or her to repair, alter or improve, or at his or her option, to vacate and close the building, the Code Enforcement Officer may cause such building to be repaired, altered or improved, or to be vacated and closed, and my cause to be posted on the main entrance of any building so closed, a placard with the following words: "This building is unfit for human habitation or occupancy or use; the occupation of this building is prohibited and unlawful."
3.
Failure of the owner to comply with an order to remove or demolish: If the owner fails to comply with an order to remove or demolish the building, the Code Enforcement Office may cause such building to be removed or demolished, or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids thereof.
4.
Lien on Real Property by the Village.
a.
The amount of the cost of the filing of legal papers, expert witnesses fees, search fees, and advertising charges incurred in the course of any proceedings taken under this Article, together with the cost of any such repairs, alterations, or improvements, or vacating and closing or removal and demolition, if any, undertaken pursuant to this Article, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of the materials derived from such building or from any contract for removal or demolition thereof, shall be a lien against the real property upon which such cost was incurred and be levied by the Village on the real property taxes of said premises.
b.
If a building is removed or demolished by the Village, it shall sell the materials of such building, if possible. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits, or if the sum of such costs exceeds the total of such credits, a detailed statement (herein called the Village Lien Certificate) of the aforesaid costs and the amount so due shall be filed by the Code Enforcement Officer with the Treasurer of the Village, and a copy thereof shall be forwarded by the Code Enforcement Officer to the owner by registered mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited with the Village Treasurer, shall be secured in such a manner as may be directed by the Court and shall be disbursed according to the Order of Judgment of the Court to the persons found to be entitled thereto by final order or judgment of such Court; provided, however, that nothing contained in this Article shall be construed to limit or impair in any way the power of the Village to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise. Any owner or party in interest may, within sixty (60) days from the date of the filing of the Village Lien Certificate, proceed in at summary manner in the Village Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the Village Lien Certificate.
5.
Certificate of Necessity.
a.
Where any owner, operator or occupant is required to make repairs or otherwise improve his or her property and is unable to comply with this Article without having a right of access to the premises through or across adjoining premises not owned by him or her or under his or her control, and where right to access has been refused such owner, operator or occupant required to make such repair, or where the owner, operator or occupant empowered to grant such access cannot be found or located, then upon the filing of an affidavit by such owner, operator or occupant with the Code Enforcement Officer, setting forth the facts and applying for a Certificate of Necessity, the Code Enforcement Officer shall serve written notice of a hearing on said application upon the applicant for such Certificate and upon the owner or person empowered to grant such access.
b.
Said notice of hearing shall state the matters to be considered at said hearing and shall be served in the manner prescribed for the service of complaints and orders by the Civil Practice Law and Rules of New York State. However, the Code Enforcement Officer shall be required to record or lodge a copy of such notice with the county recording officer of the County of Rensselaer.
c.
At least ten (10) days notice of such hearing shall be given when the address of the owner or person empowered to grant such access is known. If such address is unknown or cannot be ascertained by the Code Enforcement Officer in the exercise of reasonable diligence, at least thirty (30) days notice thereof shall be given, calculated from the date of the first newspaper publication thereof.
d.
On the day fixed for hearing, the Code Enforcement Officer shall provide opportunity for the owner or person empowered to grant such access to state why such access should not be granted.
e.
If the Code Enforcement Officer determines that such access is necessary to accomplish or complete repairs or improvements for compliance with this Article, then the Code Enforcement Officer shall issue a Certificate of Necessity granting and ordering access and setting forth the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect adjoining property, reasonable time limits during which certificate shall operate, precautions to be taken to avoid damage and where the Code Enforcement Officer deems proper, that a bond be procured at the expense of the person seeking such access to secure adjoining property owner against damage to persons on property arising out of such right of access. The set amount of bond shall take into consideration the extent, nature and duration of the repairs and improvements, the proximity thereof to the premises over which access has been sought and the potential risk of damage thereto. Said bond, if required, shall be filed with the Village Clerk.
6.
Refusal to comply with certificate. Any refusal to comply with a certificate issued hereunder, or any interference with the purpose for which a certificate is issued, shall be a violation of this Article and in addition to the penalties provided hereunder, the Code Enforcement Officer may, upon affidavit, setting forth the facts, apply to the Village Court or any other court of competent jurisdiction for a warrant authorizing access and, if the Court is satisfied as the matters set forth in said affidavit, he or she shall authorize the issuance of a warrant permitting access.