[HISTORY: Adopted by the Town Board of the Town of Sand Lake 7-14-1982
by L.L. No. 2-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Certificates of occupancy — See Ch. 95.
Unsafe buildings pose a threat to life and property in the Town of Sand
Lake. 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 Sand Lake by requiring
such unsafe buildings be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings Law of the Town
of Sand Lake."
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.
The Building Inspector of the Town of Sand Lake or such other person
appointed by the Town Board to enforce the provisions of the chapter.
When, in his or her 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; presents any
other danger to the health, safety, morals and general welfare of the public;
or is unfit for the purposes for which it may lawfully be used, the Building
Inspector shall cause or make an inspection thereof and report, in writing,
to the Town Board his or her 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 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 and 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.
A date, time and place for a hearing before the Town
Board in relation to such dangerous or unsafe building, which hearing shall
be scheduled not less than five business days from the date of service of
the notice.
F.
A statement that in the event of neglect or refusal to
comply with the order to secure or demolish and remove the building, the Town
Board is authorized to provide for its repair or 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.[1]
Said notice shall be served:
A.
By personal service of a copy thereof upon the owner,
executor, administrator, agent, lessee or any person having a vested or contingent
interest in such unsafe building as shown by the records of the Receiver of
Taxes (or Tax Collector) or of the County Clerk; or, if no such person can
be reasonably found, by mailing such owner, by registered mail, a copy of
such notice directed to his or her last known address as shown by the above
records;
B.
By personal service of a copy of such notice upon any
adult person residing in or occupying said premises if such person can be
reasonably found; and
C.
By securely affixing a copy of such notice upon the unsafe
building.
A copy of the notice served as provided herein shall be filed in the
office of the County Clerk of the County of Rensselaer.
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the securing or demolition and removal of such building or structure either by town employees or by contract. Except in emergency as provided in § 90-11 hereof, any contract for demolition and removal of a building in excess of $20,000 shall be awarded through competitive bidding.
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, shall be assessed against the
land on which such building is located and shall be levied and collected in
the same manner as provided in Article 15 of the Town Law for the levy and
collection of a special ad valorem levy.
Where it reasonably appears that there is present a clear and imminent danger to life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 90-10 hereof.
Any person, firm or corporation who or which shall violate any of the
provisions of this chapter or any rule or regulation made pursuant thereto
shall, upon conviction thereof, be subject to a civil penalty of not more
than $250. Each day during or on which a violation of this chapter shall occur
shall be deemed to be a separate and distinct offense.