[HISTORY: Adopted by the Town Board of the Town of Wawarsing 9-7-1972 as L.L. No. 2-1972. Sections 41-5, 41-6 and 41-7 amended and § 41-8 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building code administration — See Ch. 61.
The purpose of this chapter is to promote, safeguard and preserve the health, welfare and property of the residents of and owners of property located in the Town of Wawarsing by providing for the removal or repair of buildings within the limits of the said Town of Wawarsing which, from any cause, may now be or shall hereafter become dangerous or unsafe to the public.
Whenever it shall be reported or come to the attention of the Town Board that any building or collapsed structure may be or shall become dangerous or unsafe to the public, the said Board shall, by resolution, direct the Building Inspector of the Town of Wawarsing to cause an inspection to be made of the said building or structure alleged to be dangerous or unsafe and to report his findings thereon in writing to the said Town Board. The Building Inspector shall, for the purposes hereof, be deemed an official.
Any structure or building which has any of the following defects or conditions shall be deemed unsafe and dangerous within the meaning of this chapter:
A. 
Those whose interior 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 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 of Wawarsing.
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 this Town.
The Town Board shall consider the report, and if in its opinion the report so warrants, shall by resolution determine that the structure or building in question is unsafe or dangerous and shall order that the same be made safe and secure or removed; provided, however, that a notice thereof shall be given as provided in the next section hereof.
[Amended 5-7-1987 by L.L. No. 4-1987]
A. 
The notice shall be served on the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in same, either personally 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 same, as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk or County Register, containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring same to be made safe and secure or removed; and if such service is made by registered mail, a copy of such notice shall be posted on the premises.
B. 
The time within which the person served with such notice may commence the securing or removal of buildings or structures shall be stated in the notice.
[1]
Editor's Note: Former § 41-6, Filing of copy of notice; effect, as amended 5-7-1987 by L.L. No. 4-1987, was repealed 3-24-1994 by L.L. No. 2-1994.
[Amended 5-7-1987 by L.L. No. 4-1987]
A hearing shall be held before the Town Board, notice of which and the time and place thereof to be specified in the notice to repair or demolish and to be served upon the owner and such persons having an interest in the property or structure as is herein prescribed.
[Amended 5-7-1987 by L.L. No. 4-1987]
Such building or structure may be removed by the Town in the event such owner fails or refuses to repair or remove the same within the time provided.
[Amended 6-15-1995 by L.L. No. 2-1995]
A. 
All expenses incurred by the Town in connection with the proceedings to repair and secure or demolish and remove the unsafe building, including the cost of actually removing such building, and all reasonable and necessary legal expenses incidental thereto shall, at the option of the Town:
(1) 
Be assessed against the land on which said building is located.
(2) 
Be collected by commencement of a special proceeding against the owner of said unsafe or dangerous building or structure pursuant to General Municipal Law § 78-b.
B. 
The remedies provided for herein are cumulative and not exclusive and shall be in addition to any other remedies provided by law.