[HISTORY: Adopted by the Town Board of the Town of Hague 1-11-1983
by L.L. No. 2-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 73.
Unsafe buildings pose a threat to life and property in the Town of Hague.
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 chapter to provide for the safety, health, protection and
general welfare of persons and property in the Town of Hague by requiring
such unsafe buildings be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings and Collapsed Structures
Law" of the Town of Hague.
As used in this chapter, the following terms shall have the meanings
indicated:
Any building, structure or portion thereof used for residential,
business or industrial purpose.
A structure in which one or more people occupy their time and engage
their efforts in commerce and trade pertaining to the purchase and sale or
exchange of goods and commodities and connoting, as well, forms of and occupations
in business enterprises not involved in trading in merchandise.
To make or become lower in quality or value.
A structure in which a business, plant or enterprise for the production
of goods and merchandise for sale is conducted, particularly a manufacturing
plant employing people and requiring the support of capital.
A structure used as a dwelling house or place of abode for one or
more families.
Any construction, piece or work or building of any kind composed
of parts jointed together in some definite manner for any use, including but
not limited to residential, commercial and industrial.
A condition of premises rendering them unfit for the purpose for
which they were built and rendering them unfit for occupation for any worthwhile
purpose.
The Zoning Administrator of the Town of Hague, or such other person
appointed by the Town Board to enforce the provisions of this chapter.
All buildings or structures which have any or all of the following defects
shall be deemed dangerous or unsafe buildings:
A.
Those whose exterior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
B.
Those which, exclusive of the foundation, show 33% or
more of damage or deterioration of the supporting member or members or 50%
of damage or deterioration of the nonsupporting enclosing or outside walls
or covering.
C.
Those which have improperly distributed loads upon the
floors or roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
D.
Those which have been damaged by fire, wind or other
causes so as to have become dangerous to life, safety, morals or the general
health and welfare of the occupants or the people of the town.
E.
Those which have become or are so dilapidated, decayed,
unsafe, unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation or are likely to
cause sickness or disease, so as to work injury to the health, morals, safety
or general welfare of those living therein.
F.
Those having light, air and sanitation facilities which
are inadequate to protect the health, morals, safety or general welfare of
human beings who live or may live therein.
G.
Those having inadequate facilities for egress in case
of fire or panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
H.
Those which have parts thereof which are so attached
that they may fall and injure members of the public or property.
I.
Those which, because of their condition, are unsafe,
unsanitary or dangerous to the health, morals, safety or general welfare of
the people of the town.
J.
Those buildings existing in violation of any provision of Chapter 73, Building Construction, or any other provisions of the Code of the Town of Hague or the State of New York.
K.
Those which are open at the doorways or windows or walls,
making them accessible to and an object of attraction to minors under 18 years
of age, as well as to vagrants and other trespassers.
L.
Those which are or may become places of rodent infestation.
M.
Those which consist of debris, rubble or parts of buildings
left on the ground after demolition, reconstruction, fire or other casualty.
When in his own opinion or upon receipt of information that a building
is or may become dangerous or unsafe to the general public; is open at the
doorways and windows, making it accessible to and an object of attraction
to minors under 18 years of age, as well as to vagrants and other trespassers;
is or may become a place of rodent infestation; or presents any other danger
to the health, safety, morals and general welfare of the public, the Zoning
Administrator 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.
The Town Board shall thereafter consider such report 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 in the manner provided herein.
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building
is unsafe or dangerous.
C.
An order outlining the manner in which the building is
to be made safe and secure, or demolished and removed.
D.
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.
E.
That, in the event that the owner fails or refuses to
repair or remove the building or structure within the time provided, the town
will remove the same and assess all costs and expenses incurred in connection
therewith against the land on which the buildings or structures are located.
F.
A statement that a copy of said notice has been filed
in the Warren County Clerk's office and that the notice shall remain
effective, as filed, for a period of one year and may be vacated only upon
the order of a judge of a court of record or upon the consent of the Town
Attorney.
G.
The time and place for a hearing before the Town Board.
Said notice shall be served by personal service on the owner or some
one of the owner's executors, legal representatives, agents, lessees
or any other person having a vested contingent interest in the property as
shown by the records of the Receiver of Taxes and/or in the office of the
County Clerk or County Registrar, or by registered mail, addressed to the
last known address, if any, of the owner or some one of the owner's executors,
legal representatives, agents, lessees or other person having a vested or
contingent interest in the same as shown by the records of the Receiver of
Taxes and/or in the office of the County Clerk and by posting a copy of such
notice on the premises.
The owner or some one of the owner's legal representatives as defined in § 76-8 may appear before the Town Board at the time and place set forth in the notice for a hearing. Following said hearing, the Town Board shall give notice to the owner or the owner's representative at the hearing as to the Board's determination following said hearing. The Board may determine that the original order shall remain in full force and effect, or it may amend said order, or it may rescind said order.
In the event of the refusal or failure of the person so notified to
comply with said order of the Town Board and repair or remove the building
or structure within the time provided, all costs and expenses incurred by
the town in connection with the proceeding to remove or secure, including
the costs of actually removing said buildings or structure, shall be assessed
against the land on which the same are located.
Any person or persons who shall violate any provisions of this chapter
shall be guilty of an offense punishable by a fine not exceeding $250 or imprisonment
for a period not exceeding 15 days, or both such fine and imprisonment. Each
day's continued violation shall constitute a separate offense.
