Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Babylon 3-7-1978 by L.L. No. 1-1978; amended in its entirety 1-6-1981 by L.L. No. 1-1981. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 89.
Fire prevention — See Ch. 123.
Housing standards — See Ch. 138.
Multiple dwellings — See Ch. 153.

§ 92-1 Purpose.

Unsafe buildings pose a threat to life and property in the Town of Babylon. 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. 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 Babylon by requiring that such unsafe buildings be repaired or demolished and removed.

§ 92-2 Definitions.

[Amended 5-24-2011 by L.L. No. 11-2011]
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
Any building, structure or portion thereof used for residential, business or industrial purposes.
BUILDING INSPECTOR
A Building Inspector of the Town of Babylon or such other person appointed by the Town Board to enforce the provisions of this code.
ZONING INSPECTOR
A Zoning Inspector of the Town of Babylon or such other person appointed by the Town Board to enforce the provisions of this code.

§ 92-3 Investigation.

[Amended 6-21-2005 by L.L. No. 17-2005]
The Building Inspector, Zoning Inspector and/or licensed surveyor or engineer shall cause or make an inspection and report in writing to the Town Board his/her findings and recommendations in regard to the repair or demolition and removal of a building when in his/her own opinion or upon receipt of information that, it:
A. 
Is or may become dangerous or unsafe to the general public;
B. 
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;
C. 
Is or may become a place of rodent infestation;
D. 
Presents any other danger to the health, safety, morals and general welfare of the public;
E. 
Is unfit for the purposes for which it may lawfully be used.

§ 92-4 Notice.

[Amended 5-24-2011 by L.L. No. 11-2011]
A notice of hearing shall be served upon the owner, executor, administrator, legal representative, 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 and/or in the office of the County Clerk or County Register. The notice shall contain the following:
A. 
A description of the premises.
B. 
A statement of the particulars in which the building is unsafe or dangerous.
C. 
An order outlining the manner in which the building is to be made safe and secure or demolished and removed.
D. 
If the building is to be made safe and secure, a statement that the securing shall be completed within five days of the service of the notice, unless, for good cause shown, such time shall be extended or for a shorter period of time if necessary to protect the life, safety or health of any person or property. If the building is to also be removed, a statement that the removal shall be completed within 120 days of the securing provided for in Subsection A, unless, for good cause shown, such time shall be extended or for a shorter period of time if it is determined by the Building Inspector, Zoning Inspector and/or Engineer, that is necessary to protect the life, safety or health of any person or property.
E. 
A statement that in the event of neglect or refusal of the person served with the notice to comply with the same, the Town Board may authorize the removal or securing of the said building or structure and to assess the costs and expenses of securing or removing same against the land on which it is located.
F. 
Said notice shall also specify a time and place for a hearing before the Town Board to determine whether or not any building or structure should be removed from and/or secured upon the premises.
G. 
Said notice shall be filed in the office of the Clerk of the Court of Suffolk in the same manner as a notice of pendency and shall have the same effect thereof.

§ 92-5 Contents of notice.

The notice shall contain the following:
A. 
A description of the premises.
B. 
A statement of the particulars in which the building is unsafe or dangerous.
C. 
An order outlining the manner in which the building is to be made safe and secure or demolished and removed.
D. 
A statement that the securing or removal of such building shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter, unless, for good cause shown, such time shall be extended or for a shorter period of time if necessary to protect the life, safety or health of any person or property.
E. 
A statement that in the event of neglect or refusal of the person served with the notice to comply with the same, the Town Board may authorize the removal or securing of the said building or structure and to assess the costs and expenses of securing or removing same against the land on which it is located.
F. 
Said notice shall also specify a time and place for a hearing before the Town Board to determine whether or not any building or structure should be removed from or secured upon the premises.
G. 
Said notice shall be filed in the office of the Clerk of the Court of Suffolk in the same manner as a notice of pendency and shall have the same effect thereof.

§ 92-6 Service of notice.

[Amended 8-14-2001 by L.L. No. 8-2001; 4-9-2008 by L.L. No. 8-2008]
The said notice shall be served upon the owner, executor, administrator, legal representative, agent, lessee or any person having a vested or contingent interest in such unsafe building either personally or by certified mail, return receipt requested, addressed to the last known address, if any, of the owner, executor, administrator, legal representative, agent, lessee or any person having a vested or contingent interest in the property, as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk or County Register; and if such service be made by certified mail, return receipt requested, a copy of such notice shall be securely affixed upon the building or structure which is the subject of the notice.

§ 92-7 Filing of copy of notice.

[Amended 5-24-2011 by L.L. No. 11-2011]
A copy of the notice served, as provided herein, shall be filed in the office of the Town Clerk and the County Clerk of the County of Suffolk.

§ 92-8 Refusal to comply.

[Amended 5-24-2011 by L.L. No. 11-2011]
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board after the hearing, the Town Board shall provide for the securing or demolition and removal of such building or structure, either by Town employees or by third-party contractor. Except in emergency as provided in § 92-10 hereof, any contract for demolition and removal of a building in excess of $50,000 shall be awarded through competitive bidding.

§ 92-9 Expenses assessed against property.

[Amended 5-24-2011 by L.L. No. 11-2011]
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 and an administrative fee of $2,500, 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.

§ 92-10 Emergency corrections.

[Amended 10-5-1993 by L.L. No. 9-1993; 6-19-2007 by L.L. No. 10-2007; 5-24-2011 by L.L. No. 11-2011]
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 Commissioner of Planning and Development or his or her designee may authorize the Building Inspector, Zoning Inspector or Engineer to immediately cause the repair, securing or demolition of such unsafe building. Pending the enactment of the Town Board resolution, the Commissioner of Planning and Development or his or her designee may, upon recommendation of a Building Inspector, Zoning Inspector or Engineer, order all occupants of the unsafe building to immediately vacate the unsafe building. The Town Attorney is hereby authorized to take all legal action necessary to remove all occupants from the unsafe building. The expenses of such repair, securing or demolition and removal of occupants, costs and expenses, including the cost of the Town Attorney’s office (attorney salaries, etc.), shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 92-9 hereof.

§ 92-11 Appointment of surveyor or engineer; payment.

A surveyor or engineer may be appointed to determine if a building or structure is unsafe, and he shall be paid reasonable compensation as shall be fixed by the Town Board.