As used in this article, the following terms shall have the
meanings indicated:
UNSAFE BUILDINGS
All buildings or structures which are structurally unsafe,
unsanitary or not provided with adequate egress, or which constitute
a fire hazard or are otherwise dangerous to human life, health or
the safety of the public, or which in relation to existing use constitute
a hazard to safety or health by reason of inadequate maintenance,
dilapidation, obsolescence or abandonment.
In addition to any other remedies at law available to compel
the removal of any building or structure that endangers the health,
safety or welfare of the public:
A. All unsafe buildings are hereby declared to be illegal and shall
be abated by repair and rehabilitation or by demolition in accordance
with the procedure of this section.
B. The Building Safety Officer shall inspect or cause to be inspected
every reported unsafe building.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
C. Whenever the Building Safety Officer shall find any building or structure or portion thereof to be an unsafe building, the Building Safety Officer shall serve or cause to be served upon the owner and any lien holder of the property, a notice as provided herein. Service of said notice can be effected upon the owner or lien holder either personally or by registered mail, addressed to his or her last known address, as shown on the records of the Tax Assessor, and/or in the records in the office of the County Clerk, or in the records of the Kingston Building Department. Service can alternatively be effected upon the agent registered by the owner pursuant to Chapter
332 of this Code, either personally or by registered mail to the address provided in said registration. The notice shall contain a description of the premises, a statement describing the specific unsafe condition and an order of the Building Safety Officer requiring that the building or structure be repaired or removed within a stated time. The notice shall also specify the date, time and place of a hearing to be held with respect to the order to repair and/or remove the structure. The notice shall be served no less than 20 days prior to the date of the hearing provided therein. If such notice is made by registered mail, the Building Safety Officer shall conspicuously post a copy of such notice on the premises.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
D. The owner and any lien holder shall have 30 days within which to
provide the Building Safety Officer with acceptable plans to remedy
the unsafe building and obtain a permit for said plans; or to submit
plans and obtain a permit for the removal of the unsafe building.
Upon issuance of the building permit, work must commence within 15
days from the issuance thereof and be completed within six months
from issuance of the permit. Failure of the owner or lien holder to
comply with these provisions will result in a fine of $100 per day
retroactive to the date of the notice.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
E. The Building Safety Officer shall file or cause to be filed a copy of the notice served pursuant to Subsection
C above in the office of the County Clerk of Ulster County, which notice shall be filed by such Clerk in the same manner as a notice of pendency as provided by said Clerk, except as otherwise hereinafter provided in this subsection. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the Corporation Counsel of the City of Kingston. The County Clerk of Ulster County shall mark such notice and record or docket thereof as canceled upon presentation and filing of such consent or of a certified copy of such order.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
F. Such owner shall have the right to a hearing with respect to the
notice to repair or remove before the Deputy Chief in charge of the
City of Kingston Building Department at a time and place specified
in the notice to repair and remove.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
G. The decision of the Deputy Chief in charge of the City of Kingston
Building Department may be appealed to the Chief of the Kingston Fire
Department. A request for an appeal shall be served upon the Chief
of the Kingston Fire Department, the Corporation Counsel of the City
of Kingston and upon the Deputy Chief in charge of the City of Kingston
Building Department, and the City Clerk within 10 days from the date
of the notice of determination made following the hearing. The appeal
shall not be a trial de novo, but the parties shall have the right
to present such additional written evidence or argument as they desire.
The Fire Chief shall have the right to request such additional evidence
as the Fire Chief deems necessary to make a decision.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
H. If a determination is made following the hearing and the appeal,
if any, that the building or structure is an unsafe building and the
owner or lien holder fails or refuses to comply with the order to
repair or remove within 30 days from the date of the determination
of the Deputy Chief in charge of the City of Kingston Building Department
or the Fire Chief in the event of an appeal to the Fire Chief, the
City of Kingston may proceed to remove the unsafe building.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
I. All costs and expenses incurred by the City of Kingston in connection
with the proceeding to repair or remove the unsafe building, including
but not limited to the cost of actually removing the unsafe building
and the disposal of the material so removed, shall be assessed against
the land on which the unsafe building is located.
J. If the Building Safety Officer finds that there is actual and immediate
danger of failure or collapse so as to endanger life, such notice
shall also require the building structure or portion thereof to be
vacated forthwith and not reoccupied until the specific repairs and
improvements are completed, inspected and approved by the Building
Safety Officer. The Building Safety Officer shall cause to be posted
at each entrance to such building a notice: "This building is unsafe
and its use or occupancy has been prohibited by the Building Department."
Such notice shall remain posted until the required repairs are made
or demolition is completed. It shall be unlawful for any person, firm
or corporation, or their agents or other servants, to remove such
notice without written permission of the Building Safety Officer.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
K. In case the owner or lien holder cannot be served within the time
provided herein for service of such notice, the Corporation Counsel
shall be advised of all facts in the case and shall take such action
as he or she determines to be appropriate to effectuate adequate service
of the notice as provided by law.
L. In cases of emergency which, in the opinion of the Building Safety
Officer, involve imminent danger to human life or health, the Building
Safety Officer shall promptly cause such building, structure or portion
thereof to be made safe or removed. For this purpose, the Building
Safety Officer may at once enter such structure or land on which it
stands, or abutting land or structure, with such assistance and at
such cost as may be necessary. The Building Safety Officer may vacate
adjacent structures and protect the public by appropriate barricades
or such other means as may be necessary and, for this purpose, may
close a public or private way.
[Amended 3-5-2019 by L.L.
No. 1-2019, approved 3-19-2019]
The powers conferred upon the City of Kingston by this article
shall be in addition to all other powers conferred upon the City in
relation to the same subject, and nothing contained in this section
shall be construed to amend, repeal, modify or affect any such existing
local law, ordinance or provision of the Charter or to restrict or
limit any power otherwise conferred on the City by law with respect
to the subject matter to which this section relates.