LL 03 Provide Repair or Removal of Unsafe or collasped Buildings 1 }
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
County
of........................Queenshi..... ....................................................................
Village
Local Law No. .............................3......................... of the year 19 ...1.3...
.; local law ..... Ni3'�G�OLLAPSEI) ��'���'�������..PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE BUIi.DINCS
.... .......... . .....ST.....RUC...",C—... . .... ............................................ .. ..........
TURES.... ..
Be it enacted by the ........................TOWN BCA RD ............................................................ of the
.. ..............................
(Nye of Legial"ive Body)
County
y of...................................... UEEN SBIJRY as follows:
.vi .. ...........................................................................................
Village
SECTION 1. Purpose . Unsafe buildings pose a threat to
life and property in the Town of Queensbury. Buildings and
structures may become unsafe by reason of damage 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. It is the purpose of this local law to provide
for the safety, health, protection and general welfare of
persons and property in the Town of Queensbury by requiring
such unsafe buildings to be repaired or demolished and
removed.
SECTION 2 . This local law shall be known as "Unsafe
Buildings I.aw" of the Town of Queensbury.
SECTION 3 . Definitions ( 1) "Building" means any
building, structure or portion thereof used for residential,
business or industrial purpose or accessory thereof . ( 2 )
IWIf additional space is needed, please attach sheets of the same size as this and number each)'
Page 1
L
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"Building Inspector" means the Building Inspector of the Town
of Queensbury or such other person appointed by the Town
Board to enforce the provisions of this local law.
SECTION 4 . Investigation and Report . When in the
Building Inspector ' s opinion or upon receipt of information
that a building ( 1) is or may become dangerous or unsafe to
the general public, (2 ) is open at the doorways and windows
making it accessible to and an object of attraction to minors
under eighteen years of age, as well as to vagrants and other
trespassers , ( 3 ) is or may become a place of rodent
infestation, (4 ) presents any other danger to the health,
safety, morals and general welfare of the public or ( 5 ) is
unfit for the purposes of which it may lawfully be used, he
shall cause or make an inspection thereof and report in
writing to the Town Board his findings and recommendations in
regard to its repair or demolition and removal .
SECTION 5 . Town Board Order. The Town Board shall
thereafter consider such reports and by resolution determine ,
if in its opinion the report so warrants , that such building
is unsafe and dangerous 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 and in the
manner provided herein .
SECTION 6. Notice: Contents . The notice shall contain
the following: ( 1) a description of the premises , ( 2 ) a
2
'statement of the particulars in which the building is unsafe
or dangerous , ( 3 ) an order outlining the manner in which the
building is to be made safe and secure, or demolished and
removed, ( 4 ) 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 ( 5 )
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 and ( 6 ) 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 real property on
which it is located and to institute a special proceeding to
collect the costs of demolition including legal expenses .
'ilu ,SECTION 7. Service of Notice . The said notice shall be
served ( 1) by personal service of a copy thereof upon the
owner, executor, administrator, agent , lessee or any person
having vested or contingent interest in such unsafe building
as shown by the records of the Receiver of Taxes ( or Tax
Collector ) or of the County Clerk; or if no such person can
be reasonably found by mailing such owner by registered mail,
3
r
a copy of such notice directed to his last known address as
shown by the above records and ( 2 ) by personal service of a
copy of such notice upon any adult person residing in or
occupying said premises if such person can be reasonably
found and ( 3 ) by securely affixing a copy of such notice upon
the unsafe building.
SECTION 8. A copy of the notice served as provided
herein shall be filed in the office of the County Clerk of
the County of Warren .
SECTION 9 . Refusal to Comply. In the event of the
refusal or neglect of the person so notified to comply with
said order of the Town Board and after the hearing, the Town
Board shall provide for the demolition and removal of such
building or structure either by town employees or by
contract . Except in an emergency as provided in Section 11
hereof, any contract for demolition and removal of a building
in excess of $5 , 000 .00 shall be awarded through competitive
bidding.
SECTION 10 . Assessment of Expenses . 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, shall
be assessed against the real property on which such building
is located and shall be levied and collected in the same
manner as provided in Article 15 of the Town Law for the levy
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and collection of special ad valorem assessments .
SECTION 11 . Emergency Cases . Where it reasonably
appears that there is present a clear and imminent danger to
the life, safety or health of any person or property, unless
an unsafe building is immediately repaired and secured or
demolished, the Town Board may by resolution authorize the
Building Inspector immediately to cause the repair or
demolition of such unsafe building. The expenses of such
repair or demolition shall be charged against the real
property on which it is located and shall be assessed, levied
and collected as provided in Section 10 hereof.
SECTION 12 . If any court of competent jurisdiction
shall adjudge and determine that some portion or provisions
of this local law are invalid, such judgment shall not affect
the validity of the remaining portion or provisions of this
local law.
E pfEc7/vE
SECTION 13 . Upon the fir+ date of this local law Town
of Queensbury Ordinance Number 31 is hereby repealed.
SECTION 14 . This local law shall take effect
immediately upon filing thereof in the office of the
Secretary of State.
5
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
(natter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. .........3......of 19 P.3..
County
City Queensbur Town Board
o the ----, a ......................... ...... was duly passed by the ...................................................................................
l!�w (Name of Legislative Body)
Village
on June 2g 19 �3 in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
hereby certify that the local law annexed hereto,designated as local law No. ....................of 19........
County
ofthe •,City of...................................... was duly passed by the ..................................................................................
Town (Name of Legislative Body)
Vttlage
not disapproved
on..................................................19........ and was approved by the .......................................................
repassed after disapproval Elective Chief Executive Officer *
and was deemed duly adopted on ........................................................19........ , in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
i hereby certify that the local law annexed hereto, designated as local law No. .................. of 19..........
County
oftilt City., of......................................was duly passed by the.................... . . ...........................................................
Town (Name of Legislative Body)
Village
not disapproved
on.. ................................................19........ and was approved by the.............. .. ...............................................
repassed after disapproval Elective Chief executive Officer *
Oil......................................................................19......... Such local law was submitted to the people by reason of a
mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on......................................................19........ , in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum, and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. .................. of 19..........
County
City
ofthe of...................................... was duly passed by the................................................................................on
Town (Name of Legislative Body)
Village not disapproved
...................................................... 19........ and was approved by the ..................... .......... .......on
repassed after disapproval Elective Chief Executive Officer*
..............................................................19........ . Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
...................................................................... 19........, in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or, if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
Page It 6
5. (Cit) local law concerning Charter re%ision proposed by petition.)
I hereb} certify that the local law annexed hereto,designated as local law No. ....................of 19........
of the City of...................................... ................................... ha%inh been submitted to referendum pursuant to the
provisions of § 37 of the MunicipaI Home Rule Law,and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the special election held on ..................................
general
................ 19............ became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as Local Law No. ......of 19...... of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the A1tt[li-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
W I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph ............I.............. above.
Clerk of the County legislative body,City,Town or Village Clerk or
officer designated by local legislative body
Date: June 28 , 19P 3
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF .....Warren................................
1, the undersigned, hereby certify that the foregoing local law contains the correct text anAthat all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
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. . . . -
Signature
Town Counsel
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Title
Date: June 28 , 19R 3
County
Cif ueenshur
(,Tow
vinage
Page 0 7
AC 2051
(Rev.4/81) STATE OF NEW YORK
OFFICE OF THE STATE COMPTROLLER
ALBANY,NEW YORK
12236
EDWARD V.REGAN
STATE COMPTROLLER
August 22, 1983
Donald Chase, Town Clerk
Town of Queensbury
Town Office Bldg.
Glens Falls, NY 12801
Dear Sir/Madam:
This is to advise that Local Law(s) No. 3 of 1983
for the Town of Queensbury was received and filed
on 7/1/83
V ruly yours
Kendall R. Pirro
Associate Attorney
Charters Unit
KRP:dal
cc: Secretary of State
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
PENALTY FOR PRIVATE
SEND(R INSTRUCTIONS USE TO AVOID PAYMENT
Print your tame,add ess,and ZIP C we in the space below. OF POSTAGE 5300
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RETURN
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(Name of Sender)
DONALD A. CHASE, TOWN CLERK
`ll't�i 'ah �tds., R. 0. 1
Town office Bldg., � 12�� �r
(khs l=SPS, N. Y.
(City,State,and ZIP Code)
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•SENDER:Complete items 1,2,3,and 4.
' Add your address in the"RETURN TO"t
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UNITED STATES POSTAL SERVICE
OFACIAL BLISMEBS
PENALTY FOR PRIVATE
SEMM INSTRUCTIONS USE TO AVOID PAYMENT
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RETURN
TO
DONALD A. tH S@'ftN CLERK
TOWN OF QUEENSBURY
R. W8.
d1;;s s 1
(City,State,and ZIP Code)
�+ •SENDER:Complete items 1,2,3,and 4.
Add your address in the"RETURN TO"
on reverse.
(CONSULT POSTMASTER FOR FEES)
i.TISAllowing service is requested(check oncC
I,r, .,how to whom and date delivered ........„........
E�5how to whom,date,and address of delivery..
s.❑ RESTRICTED DELIVERY _
(The restricted dcfhery fee is charged in addition to
the return receipt fea)
TOTAL
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= t�SP.rr y +� t�13i
a 4. TYPE OF SERVICE:
❑INSt1rtED ARTICLE NUMBER
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(Always obtain signature of addressee or agent)
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9 SIG TURF Q Authorized agent
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NYS Department of State u"
Bureau of State Records
162 Washington Avenue
Albany, NY 12231
rr.
Donald Chase, Town Clerk
Town of Queensbury
Town Office Bldg.
Glens Falls, N. Y. 12801
Date: J_U L .1 9".1983
Dear Sir/Madam:
Please be advised that Local Law(s)No. 3
of 1983of the Town of Queensbury
was/were received and filed on July 1, 1Q83
Additional forms for filing local laws with this office will be forwarded upon
request.
NYS Department of State
Bureau of State Records
383602.004(12/82)