[HISTORY: Adopted by the Town Board of the Town of Bedford 4-19-1994
as L.L. No. 1-1994. Amendments noted where applicable.]
Unsafe buildings pose a threat to public health, safety and welfare.
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 Bedford by requiring
such unsafe buildings to be repaired or demolished and removed.
As used in this chapter, the following terms shall have the meanings
indicated:
Any structure or edifice or portion thereof presently or formerly
used for residential, business, industrial, agricultural, recreational or
other purpose, whether occupied or vacant.
The Building Inspector or Assistant Building Inspector of the Town
of Bedford or such other person appointed by the Town Board to enforce the
provisions of this chapter.
Any debris, rubble or parts of buildings which remain on the ground
or on the premises after demolition, reconstruction, fire or other casualty.
Any structure or edifice or portion thereof which:
Because of its condition, is or may become insecure structurally or
otherwise deteriorated and is or may become dangerous to the public.
Is open at the doorways or windows or walls, making it accessible.
Is or may become a place of rodent infestation.
Consists of debris, rubble or parts of buildings left on the ground
after demolition, reconstruction, fire or other casualty.
Presents any other danger to the health, safety and general welfare
of the public.
It shall be unlawful for any owner, tenant or occupant of any building or portion of any building, and the owner, tenant or occupant of the land upon which the same is situated, to maintain such building or portion of such building in any condition or manner which shall be unsafe as defined in § 42-2 of this chapter.
When, in the opinion of the Building Inspector or of the Assistant Building Inspector, any building located in the Town of Bedford shall be determined to be dangerous or unsafe to the public as defined in § 42-2, the Building Inspector or Assistant Building Inspector shall make a formal inspection thereof and report in writing to the Town Board his findings and recommendations in regard to the building's removal or repair.
The Town Board shall thereupon consider said report, and, if it finds
that said building is dangerous and unsafe to the public, it shall, by resolution,
order its repair if the same can be safely repaired and, if not, its removal
and demolition and shall further order that a hearing be held before the Town
Board at a time and place therein specified and on at least five (5) days'
notice to the owner of the building and the owner, tenant or occupant of the
land upon which the same is situated or persons having an interest therein
to determine whether said order to repair or remove shall be affirmed or modified
or vacated and, in the event of modification or affirmance, to assess all
costs and expenses incurred by the town in the repair or removal of such building
against the land on which said building is located.
The notice shall contain the following:
A.
The name of the owner or person in possession as appears
from the tax and deed records.
B.
A brief description of the premises and its location.
C.
A description of the building which is unsafe or dangerous
and a statement of the particulars in which it is unsafe or dangerous.
D.
An order requiring the same to be made safe and secure
or to be removed.
E.
That the securing or removal of said building shall commence
within a specified number of days of the service of the notice and shall be
completed within a specified number of days thereafter.
F.
The time and place of the hearing to be held before the
Town Board at which hearing the owner or occupant shall have the right to
contest the order and findings of the Town Board.
G.
That in the event that such owner, occupant or other
person having an interest in said premises shall fail to contest such order
and fail to comply with the same, the Town Board will order the repair or
removal of such building by the town and that the town will assess all costs
and expenses incurred in such repair or removal against the land on which
said building is located.
H.
That in any case where a building which is required to
be made safe and secure under this chapter is made safe by the boarding up
thereof, the material used for such boarding up shall be painted, as near
as practicable, the same color as the building.
A.
A copy of said notice shall be personally served upon
the owner or one (1) of the owners, executors, legal representatives, agents,
lessees or other persons having a vested interest in the premises as shown
on the town tax records or in the records of the Westchester County Clerk's
office.
B.
If no such person can be reasonably found for personal
service, then a copy of said notice shall be mailed to such person by registered
mail addressed to his or her last known address as shown on said records and
by personally serving a copy of said notice upon any adult person residing
in or occupying said premises and by securely affixing said notice upon said
building.
C.
A copy of said notice shall be filed in the Westchester
County Clerk's office, which notice shall be filed in the same manner
as a notice of pendency pursuant to Article 65 of the Civil Practice Law and
Rules (CPLR) and shall have the same effect as a notice of pendency as therein
provided. A notice so filed shall be effective for a period of one (1) year
from the date of the filing. It may be vacated upon an order of a Judge or
Justice of a court of record or upon the written consent of the Town Attorney
of the Town of Bedford. The Westchester County Clerk shall mark such notice
and any record or docket thereof as canceled of record upon the presentation
and filing of such consent or of a certified copy of such order.
The Town Board shall conduct the public hearing at the time and place
specified in the notice to repair or demolish. It may adjourn the hearing
from time to time until all interested parties are heard and until the hearing
is completed. At the conclusion of the hearing, the Town Board shall determine
by resolution to revoke the order to repair or remove, modify said order or
continue and affirm said order and direct the owner or other persons to complete
the work within the time specified in the order or such other time as shall
be determined by the Town Board.
In the event of the refusal, failure or neglect of the owner or the
person so notified to comply with said order of the Town Board within the
time specified in said order and after the public hearing, the Town Board
shall order that such building be made safe and secure or removed and demolished
by town employees or by independent contractors. Except in emergency cases
as herein provided, any contract for repair or demolishing and removal of
a building in excess of five thousand dollars ($5,000.) shall be awarded through
competitive bidding.
All costs and expenses incurred by the town in connection with proceedings
set forth in this chapter, including the cost of actually making safe, securing
or removing said dangerous and unsafe condition, shall be assessed against
the land on which the dangerous or unsafe condition is or was located.
Where it reasonably appears that there is present a clear and imminent
danger to the 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 expense of such repair or
demolition shall be a charge against the land on which it is located and it
shall be assessed, levied and collected as against said land.
The Town Board, in its discretion, may elect to apply to the Supreme
Court of the State of New York for an order directing that the building be
repaired and secured or demolished and removed.
The Town Board may commence a special proceeding pursuant to § 78-b
of the General Municipal Law to collect the costs of demolition, including
reasonable and necessary legal expenses.
If any clause, sentence, paragraph, section or part of this chapter
shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder of this chapter
but shall be confined in this operation to the clause, sentence, paragraph,
section or part thereof directly involved in a litigation in which said judgment
shall have been rendered.
