Dangerous and unsafe buildings and structures pose a threat
to life and property in the Town of Goshen. 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. Vacant parcels or the property on which improvements
may exist may constitute a serious and growing menace and may be injurious
or detrimental to the public safety, health and welfare.
When in his own opinion or upon receipt of information that
a building or structure 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 findings and recommendations for the building or structure's
repair or demolition and removal.
The enforcement officer of the Town is hereby
authorized, subsequent to written notification, to enter onto any
of the premises in the Town, whether public or private, for the purpose
of inspection whenever said enforcement officer is reasonably sure
that any building on the premises is dangerous, unsafe, a public nuisance
or a fire hazard to the public or in the proper discharge of his duties.
The Town Board shall thereafter consider such report and by resolution determine, if in its opinion the report so warrants, that such building or structure is unsafe and dangerous and order its repair, if the same can be safely repaired, or its demolition and removal. The Town Board shall further order that a notice as provided in §
51-5 shall be prepared, signed by the Town Clerk on behalf of the Town Board, and served upon the persons designated in §
51-5 and in the manner provided therein.
In the event of the failure, refusal or neglect of the person
so notified to comply with the 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 cases, any contract for demolition and comply
with the Town's procurement policy and, if applicable, competitive
bidding provisions of General Municipal Law of the State of New York.
All costs and expenses incurred by the Town
in connection with proceedings to remove or secure a building or structure,
including the cost of the aforementioned survey and the cost of actually
removing such building or structure, shall be assessed against the
land on which said building or structure is located and shall be and
become a lien on said land as of the date of such assessment. The
lien of the Town for such costs and expenses shall have priority over
all other liens and encumbrances, except the liens of taxes and assessments
which constitute prior liens.
The remedies of the Town as herein set forth
shall not be exclusive, but the Town shall have any other and further
remedy at law or otherwise by injunction or otherwise now existing
under the laws of the State of New York, and any and all such remedies
shall be deemed cumulative, and the pursuit of any remedy shall not
be construed as an election or waiver of the right to pursue any and
all others.