Unsafe buildings pose a threat to life and property in the Town
of Catskill. 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 Catskill by requiring that such
unsafe buildings be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings Law" of
the Town of Catskill.
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.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Town of Catskill or such
other person appointed by the Town Board to enforce the provisions
of this chapter.
DANGEROUS OR UNSAFE BUILDING
A building or structure which is structurally unsound, unsanitary
or not provided with adequate ingress or egress or which constitutes
a fire hazard or which has become unsafe by reason of damage by fire,
the elements, age or general deterioration or which, in relation to
an existing use, constitutes a hazard to public health, safety or
welfare by reason of inadequate maintenance, dilapidation, obsolescence
or abandonment or which is otherwise dangerous to human life.
When in the Code Enforcement Officer's opinion or upon
receipt of information that a building is or may become dangerous
or unsafe to the general public, is open at 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, 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 Code Enforcement Officer
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. Report shall also be communicated
to the applicable fire department.
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 repaired or its demolition and removal, and further order
that a notice be served upon the persons and in the manner provided
herein.
The notice shall contain the following:
A. A description of the premises.
B. A statement of the particulars in which the building or structure
is unsafe or dangerous.
C. An order outlining the manner in which the building or structure
is required to be made safe and secure or demolished and removed.
D. A statement that the securing or removal of such building shall commence
within 20 days of the service of the notice and shall be completed
within 30 days thereafter, unless for good cause shown such time shall
be extended.
E. A notice of the time and place of a hearing before the Town Board wherein any interested party may be heard in regard to a Town Board order issued under §
90-5 hereof.
Said notice shall be served on the owner or someone of the owner's
executors, legal representatives, agents, lessees or any other person
having a vested or contingent interest in the same, either personally
or by certified mail, addressed to the last known address, if any,
of the owner or someone of the owner's executors, legal representatives,
agents, lessees or other person having a vested or contingent interest
in the same, as shown by the records of the Receiver of Taxes and/or
in the office of the County Clerk or County Registrar, and if such
service is made by certified mail a copy of such notice shall be posted
on the premises. In addition thereto a copy of such notice shall be
filed in the office of the County Clerk of the county in which such
building or structure is located, which notice shall be filled by
such Clerk in the same manner as a notice of pendency pursuant to
Article 65 of the Civil Practice Law and Rules.
In the event of the refusal or failure of the person or persons
so notified to comply with said order of the Town Board within the
time provided therein, the Town may proceed to safely repair and/or
demolish and remove said building or structure.
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 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 Code Enforcement Officer 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 §
90-9 hereof.