Nikas, 080415 NYAGO, AGO 2015-3

• Case Date: August 04, 2015
• Court: New York

William L. Nikas AGO 2015-3 Informal Opinion No. 2015-3 New York Attorney General Opinions August 4, 2015          William L. Nikas          Village Attorney          Village of Hudson Falls          116 Oak Street          P.O. Box 267          Hudson Falls, New York 12839-0267          Dear Mr. Nikas:          You have asked several questions relating to the Village’s authority with respect to unsafe buildings. You have explained that the Village is faced with several properties that have been abandoned by owners unable to pay the mortgage but on which the mortgagees have not yet begun to foreclose. Under these circumstances, the condition of the property may deteriorate and become unsafe. Your questions relate to the process through which the Village can remediate unsafe conditions and seek reimbursement for its remediation costs from the property owner or another party with an interest in the property.          As background, it is well-established that a village may adopt a local law establishing standards for maintaining safe conditions on privately-owned real property. Municipal Home Rule Law § 10(1)(ii)(a)(12); Village Law § 4-412(1)(a); D’Angelo v. Cole, 67 N.Y.2d 65 (1986); Op. Att’y Gen. (Inf.) No. 98-35. Further, the local law can provide that the village is authorized to perform the necessary maintenance or remediation if the property owner fails to and that the village’s costs of remediation may be imposed on the real property owner as an assessment. Municipal Home Rule Law § 10(1)(ii)(a)(9-a),(12); Village Law §§ 4-412(1)(a); 4-414; D’Angelo v. Cole, 67 N.Y.2d 65 (1986); Op. Att’y Gen. (Inf.) No. 85-13. Under the same authority, the local law can provide that the village can demolish an unsafe building and that the property owner must reimburse the village for demolition costs. Lane v. City of Mount Vernon, 38 N.Y.2d 344 (1976); Op. Att’y Gen. (Inf.) No. 98-35; 9 Op. Counsel State Bd. of Equalization & Assessment No. 105 (1992). I understand that the Village has adopted such a local law.          Your first question is whether the Village must provide notice to the mortgagee of the real property abandoned by the owner if the Village intends to maintain, repair, or demolish the property. Of course, a village faced with emergency circumstances that necessitate the immediate demolition or remediation of an unsafe building to protect the public from imminent danger will not have time to, and need not, provide advance notice to the...