[HISTORY: Adopted by the Town Board of the
Town of Clarkstown 2-21-1979 by L.L. No. 1-1979 (Ch. 31 of the 1974
Code). Amendments noted where applicable.]
[Amended 3-16-2010 by L.L. No. 1-2010]
Unsafe buildings pose a threat to life and property
in the Town of Clarkstown. 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. 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 Clarkstown by requiring such unsafe buildings to be repaired
or demolished and removed. The provisions of this chapter shall be
in addition to and in furtherance of the New York State Uniform Fire
Prevention and Building Code,[1] including, but not limited to, Sections 108 and 109 of
the Property Maintenance Code of New York State.
[1]
Editor's Note: See Executive Law § 370 et seq.
As used in this chapter, the following terms
shall have the meanings indicated:
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
[Amended 9-11-1991 by L.L. No. 6-1991]
The Chief Code Enforcement Officer of the Town of Clarkstown.
[Amended 3-16-2010 by L.L. No. 1-2010]
When in his 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
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 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 so
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.
[Amended 10-28-1980 by L.L. No. 8-1980]
A.
The notice shall contain the following:
(1)
A description of the premises.
(2)
A statement of the particulars in which the building
or structure is unsafe or dangerous.
(3)
An order outlining the manner in which the building
is to be made safe and secure or demolished and removed.
(4)
A statement that the securing or removal of such building
shall commence within 30 days of service of the notice and shall be
completed within sixty (60) days thereafter, unless for good cause
shown such time shall be extended.
(5)
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.
(6)
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 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.
B.
The notice shall be filed in the office of the County
Clerk of the County of Rockland in the same manner as a notice of
pendency pursuant to the Civil Practice Law and Rules, Article 65,
and the aforementioned notice shall be effective for a period of one
year from the date of filing. The aforesaid filing may be vacated
upon an order of a Judge or Justice of a court of record or upon the
consent of the Town Attorney.
[Amended 3-16-2010 by L.L. No. 1-2010]
The notice shall be served 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 of the County Clerk or, if no such person can be reasonably found,
by mailing to such owner by certified mail a copy of such notice directed
to his last known address as shown by the above records; and 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 by securely affixing a copy of such notice upon the unsafe building.
[Amended 10-28-1980 by L.L. No. 8-1980; 3-16-2010 by L.L. No. 1-2010]
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 demolition and removal of such building or structure either by Town employees or by contract. Except in an emergency, as provided in § 111-9 hereof, any contract for demolition and removal of a building shall be awarded pursuant to the Town of Clarkstown Department of Purchasing procedures.
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 § 111-8.[1]
[1]
Editor's Note: Former § 111-10, Compensation of
surveyor, which immediately followed, was repealed 3-16-2010 by L.L.
No. 1-2010.
