Clay, NY Property Maintenance: Property Blight (2026)

Chapter 86, Buildings, Unsafe, of the Town of Clay Code makes it unlawful for any owner, possessor or controller of a building or structure "to permit, suffer or allow said building now or hereafter to be or become dangerous or unsafe to the public, from any cause whatsoever" (§ 86-2). Section 86-3 lists the defects that make a structure "unsafe" or "dangerous," including walls that lean past the middle third of the building's base, 33% or more damage to a supporting member, inadequate fire egress, and conditions unfit for human habitation.

The Commissioner of Planning and Development is the enforcement officer: under § 86-4 the Commissioner inspects reported buildings and reports findings to the Town Board, which under § 86-5 decides by resolution whether the structure is unsafe and orders repair or removal. Owners get a notice under § 86-6 requiring work to start within 30 days and finish within 60, served personally, by certified mail, or by posting under § 86-7. If the owner ignores the order, competing surveyors report back under § 86-8, and under § 86-9 the Town Board can direct the Supervisor to apply to the Supreme Court for an order declaring the building a public nuisance and directing repair or demolition.

Chapter 86's Article II lets the Commissioner instead issue a direct repair-or-remove notice after a hearing (§§ 86-13 through 86-14); if the owner still fails to act, the Town does the work itself and bills the owner 150% of the direct cost as a lien on the property under § 86-15, carrying 7.5% annual interest until paid, and § 86-16 lets the Town sue the owner personally for the same amount.