[HISTORY: Adopted by the Town Board of the Town of Beekman 2-13-1973 by L.L. No. 1-1973; amended in its entirety 4-16-2007 by L.L. No. 5-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 79.
Historic preservation — See Ch. 93.
Abandoned and vacant properties — See Ch. 114.
Zoning — See Ch. 155.
The purpose of this chapter is to promote, protect and preserve the health, welfare and property of residents and owners of property within the Town by providing for the removal or repair of buildings, residences and structures therein that from any cause may now be or shall hereafter become dangerous, unsafe, a public nuisance or a fire hazard to the public.
The Building Inspector of the Town is hereby authorized to enter onto any of the premises in the Town, whether public or private, for the purpose of inspection whenever said Building Inspector 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 inspection report of any dangerous, unsafe or collapsed building shall be in writing and notice shall be served. "Unsafe Building" signs shall be posted and an order to remedy shall be issued to the owner of such building. If the owner fails to correct the violation(s), it will be considered an offense and the owner will be issued an appearance ticket for Town Justice Court.
A. 
Notice required. Should the report provided for in § 51-3 indicate a building to be unsafe, dangerous, collapsed or in danger of collapse, a notice on behalf of the Town shall be served on the owner or one of the owner's legal representatives, agents, lessees or any other person having a vested or contingent interest in such property.
B. 
Contents and service of notice. Such notice shall be in writing, shall contain a description of the property and the particulars in which the building is dangerous or unsafe and an order requiring the same to be made safe and may be served either within or without the State of New York, personally or by registered mail, addressed to the last known address, if any, of the owner or one of the owner's legal representatives, agents, lessees or other persons having a vested or contingent interest in the same as shown by the records of the Assessor of the Town. Should such notice be served by registered mail or without the State of New York, a copy of the same shall be posted on the premises.
C. 
Execution of notice. The Building Inspector shall determine the respective dates to be inserted in each notice provided for in Subsection A.
A. 
Should the person served with the notice provided for in § 51-4 or other persons having an interest in said property fail to comply with such notice and fail to comply with the verdict reached in Justice Court, a survey shall be made by an official of the Town and a practical builder, engineer or architect to be named by the Town Board and a practical builder, engineer or architect appointed by the person notified as above; and in the event of a neglect or refusal of the person notified to appoint such surveyor, then the two surveyors named by the Town shall make the survey and report.
B. 
Order directing abatement of condition. The notice given as provided in § 51-4 shall also state that in case the survey shall show the building to be unsafe or dangerous, an application will be made at a special term of the Supreme Court of the State of New York, not less than five days nor more than 10 days after submission of the surveyor's report to the Town Clerk of the Town Board, for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.
A signed copy of the survey provided for in § 51-5 shall be posted on a building condemned hereunder.
All costs and expenses incurred by the Town in connection with proceedings to remove or secure a building or structure, including 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.
In the event that any provision of this chapter is construed to be in contravention of the laws of the State of New York, the state law will control.
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.