[HISTORY: Adopted by the Town Board of the Town of Lewisboro 1-13-1981 by L.L. No.
1-1981. Amendments noted where applicable.]
The purpose of this chapter is to expedite the removal or repair
of buildings determined to be a danger to the public.
This chapter is enacted pursuant to the provisions of § 130,
Subdivision (16), of the Town Law of the State of New York.
This chapter shall hereafter be known and cited as the "Unsafe
Buildings Law."
The Building Inspector's office is directed to investigate
any building in the Town of Lewisboro to determine whether it is a
danger to the public and to report his findings to the Town Board.
A.
If, after receiving the Building Inspector's office report,
the Town Board shall find a building is a danger to the public, it
shall direct the Building Inspector's office to serve a notice
upon an owner of the building or upon one of the owner's executors,
legal representatives, agents, tenants or other person having an interest
in the premises. The notice shall be served either personally or by
certified mail, addressed to the last known address of the owner as
shown on the records of the Receiver of Taxes of the Town of Lewisboro
or the County Clerk. In the event that service is made by certified
mail, a copy shall be affixed to a prominent part of the building.
B.
The notice shall be in substantially the following form:
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NOTICE TO OWNER OF UNSAFE BUILDING
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To __________, owner of, or a person having an interest in the
building described below:
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PLEASE TAKE NOTICE that the Town Board of the Town of Lewisboro
has determined that the building described below in which you have
an interest is dangerous to the public and has directed that you repair
or remove the building.
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PLEASE TAKE FURTHER NOTICE:
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1.
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A description of the dangerous building is as follows:
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2.
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The particulars in which said building is dangerous are:
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3.
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Pursuant to the Unsafe Buildings Law of the Town of Lewisboro
you are hereby ordered to remove the building or restore it to a safe
condition. A demolition permit or building permit is required.
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4.
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The removal or repair must be commenced within five days of
service of this notice, prosecuted diligently and completed within
_____ days after service of this notice.
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5.
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In the event that you do not commence repairs or removal within
said five days from the date of service of this notice and prosecuted
diligently and completed within said _____ days after service of this
notice, unless for good cause shown, such time shall be extended,
then there shall be a hearing before the Town Board at the Town House,
South Salem, New York on the _____ day of ________________, 20__,
in relation to such dangerous or unsafe building.
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6.
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In event of neglect or refusal to comply with this order to
secure or demolish and remove said building, the Town Board is authorized
to provide for its demolition and removal, to assess all expenses
thereof against the land on which it is located and to institute a
special proceeding to collect the costs of demolition, including legal
expenses.
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A copy of the notice served as provided herein shall be filed
in the office of the County Clerk of the County of Westchester.
In the event of the refusal or neglect to 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 emergency, any contract for demolition and removal of a building
in excess of $5,000 shall be awarded through competitive bidding.
All costs and expenses incurred by the Town in connection with
the proceedings to remove or repair such building and the cost of
removal or repair shall be assessed as a lien against the land upon
which said building stands.
