In order to provide for health, safety and well-being of the
public and to prevent the existence or continuance of unsafe buildings
and/or structures, the Town Board of the Town of Montgomery hereby
enacts this chapter, which shall be known as the "Unsafe Building
Law."
As used in this chapter, the following terms shall have the
meanings indicated:
UNSAFE BUILDINGS
All buildings or structures which are structurally unsafe,
dangerous, insanitary or not provided with adequate egress or which
constitute a fire hazard, or are otherwise dangerous to human life,
or which in relation to existing use constitute a hazard to safety
or health by reason or inadequate maintenance, dilapidation, obsolescence,
or abandonment.
All such unsafe buildings are hereby declared to be illegal
and shall be abated by repair and rehabilitation or by demolition
in accordance with the procedures of this chapter.
The Code Enforcement Officer shall examine or cause to be examined
every building reported as unsafe or damaged and shall make written
report of such examination.
In the event of neglect or refusal of the person served with
a notice to comply with the same, a survey of the premises shall be
made by an inspector and architect to be named by the Town Board and
a practical builder, engineer or architect appointed by the person
notified as above; and, in the event of refusal or neglect of the
person so notified to appoint such surveyor, the two surveyors named
by the Town Board shall make the survey and report their findings
to the Town Board. A signed copy of the surveyors' report shall
be conspicuously posted on the building or structure by the Code Enforcement
Officer.
In the event that the owner or someone of the owner's executors,
legal representatives, agents, lessees or any other person having
a vested or contingent interest in the same cannot be located or his
last known address found with diligent effort, the Town Board shall
be advised of all facts concerning the matter and shall institute
an appropriate action in the courts to compel compliance.
In cases of emergency which, in the opinion of the Code Enforcement
Officer, involve immediate danger to human life or health, he shall
promptly cause such building, structure or portion thereof to be made
safe or removed. For this purpose, he may at once enter such a structure
or land on which it stands, or abutting land or buildings or structures,
with such assistance and at such cost as may be necessary. He may
vacate adjacent buildings or 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.
An assessment of all costs and expenses incurred by the Town
in connection with the proceedings to remove or secure, including
the compensation of the surveyors and the cost of actually removing
or repairing said building or structure shall be made against the
land on which said buildings or structures are located.
Anyone found guilty of violating §
90-5C of the within chapter shall be subject to a fine not exceeding $250 or to imprisonment for not more than 60 days, or both, for each violation.