[HISTORY: Adopted by the Town Board of the Town of Hurley 6-26-1995
by L.L. No. 2-1995. Amendments noted where applicable.]
This chapter shall be known as the "Unsafe Buildings Law" of the Town
of Hurley.
This chapter is promulgated pursuant to authority conferred by § 130,
Subdivision 16, of the Town Law of the State of New York.
Unsafe buildings pose a threat to life and property in the Town of Hurley.
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. Debris, rubble,
scrap, abandoned machinery or equipment or parts of buildings left on the
ground and not removed constitute a dangerous, unhealthy and unsightly condition.
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 Hurley by requiring
that such unsafe buildings be repaired or demolished and removed.
As used in this chapter, the following terms shall have the meanings
indicated:
Any building, structure or portion thereof, including the lot on
which such building, structure, or portion thereof is situated, used for residential,
business, industrial, recreational or other purpose.
The Code Enforcement Officer of the Town of Hurley or such other
person appointed by the Town Board of the Town of Hurley to enforce the provisions
of this chapter.[1]
Town of Hurley.
Town Board of the Town of Hurley.
Any building, as defined in this section, which:
Is or may become dangerous or unsafe to the general public.
Is open at the doorways or 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.
Contains or consists of debris, rubble, scrap, abandoned machinery or
equipment, or parts thereof, or parts of buildings, whether in the building
or on the lot on which such building is located.
Is abandoned or inadequately maintained, is unfit for the purposes for which it may be lawfully used, in reference to the State Uniform Fire Prevention and Building Code, Chapter 210, Zoning, of the Code of the Town of Hurley, and any applicable health laws.
[Amended 4-8-1999 by L.L. No. 1-1999]
Presents any other danger to the health, safety and general welfare
of the public.
[1]
Editor's Note: Throughout this chapter, references to the "Municipal
Code Enforcement Officer/Building Inspector I" were revised to "Code Enforcement
Officer" at time of adoption of Code 4-8-1999 by L.L. No. 1-1999.
When in the opinion of the Code Enforcement Officer, or upon receipt
of information that, an unsafe building exists in the Town of Hurley, the
Code Enforcement Officer shall cause or make an inspection thereof and report
in writing to the Town Board of the Town of Hurley his or her 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 an unsafe building as defined in § 64-4 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 in the manner provided in § 64-7 of this chapter.
The notice shall contain the following:
A.
A description of the premises.
B.
The name of the owner of the premises as it appears from
the tax records.
C.
A statement of the particulars in which the building
is unsafe or dangerous.
D.
An order outlining the manner in which the building is
to be made safe and secure or demolished and removed.
E.
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
with 60 days thereafter, unless, for good cause shown, such time shall be
extended.
F.
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.
G.
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.
Said notice shall be served upon the owner, executor, legal representative,
administrator, agent, lessee or any person having a vested or contingent interest
in such unsafe building, either personally or by registered mail, addressed
to the last known address, if any, of the owner, executor, legal representative,
administrator, agent, lessee or any person having a vested interest or contingent
interest in such unsafe building, as shown by the town tax records or the
records of the Ulster County Clerk's office, and if such notice be served
by registered mail, by securely affixing a copy of such notice upon the unsafe
building.
The Town Board shall conduct a hearing at the time and place specified
in the notice. It may adjourn the hearing from time to time until all interested
parties are heard and until the hearing is completed. At the conclusion of
the hearing, the Town Board shall determine by resolution to either revoke
the order to repair or remove, modify said order or continue and affirm said
order and direct the owner or other persons to complete the work within the
time specified in the order or such other time as shall be determined by the
Town Board. In the event that the owner, occupant or other person having an
interest in said premises shall fail to appear at the hearing, the Town Board
can take any of the above actions, and such person shall lose all rights to
be heard before the Town Board.
A copy of the notice served as provided in § 64-8 shall be filed in the office of the County Clerk of the County of Ulster.
In the event of the refusal or failure of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide that such building shall be made safe and secure or provide for the demolition and removal of such building either by town employees or by contract. Except in emergency as provided in § 64-13 hereof, any contract for repair or demolition and removal of a building in excess of $20,000 shall be awarded through competitive bidding.
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 all reasonable and necessary
legal expenses incidental thereto, shall, at the option of the Town Board:
A.
Be assessed against the land on which such building is
located and shall be levied and collected as a special ad valorem levy.
B.
Be collected by commencement of a special proceeding
against the owner of said unsafe or dangerous building or structure pursuant
to General Municipal Law § 78-b.
C.
Be collected in any other manner allowed by law.
Where it reasonably appears that there is present a clear and imminent
danger to the life, safety or health of any person or property:
A.
The notice as described in § 64-7 shall also require the building to be vacated forthwith and not reoccupied unless and until the unsafe building has been repaired and secured and the Code Enforcement Officer has inspected and approved such repairs and removal. Until such inspection and approval, it shall be unlawful for any person to enter the building except for the purpose of inspecting such building or making the required repairs or demolishing the same.
B.
The Town Board may by resolution authorize the Code Enforcement Officer to immediately cause the repair or demolition of such unsafe building. In such a case the Code Enforcement 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. 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 § 64-12 hereof.
The Town Board may elect to apply to the Supreme Court of the State
of New York for an order directing that the building be repaired and secured
or demolished and removed.
A.
It shall be unlawful for any firm, person or corporation
to violate any portion of this chapter or to fail to comply with any notice
or order made hereunder.
B.
Any person or corporation, having been served, who fails
to comply with a written order of the Code Enforcement Officer or the Town
Board within the time fixed for compliance therewith, or any owner, builder,
architect, tenant, contractor, subcontractor, construction superintendent
or their agents, or any other person taking part or assisting in the construction
or use of any building who knowingly violates any applicable provision of
this chapter shall be subject to a fine of not more than $500, or 30 days
in jail, or both. Each day that a violation continues shall be deemed a separate
offense.
[Amended 4-8-1999 by L.L. No. 1-1999]
C.
Except as provided otherwise by law, such a violation
shall not be a crime, and the penalty or punishment imposed therefor shall
not be deemed for any purpose a penal or criminal penalty or punishment and
shall not impose any disability upon or affect or impair the credibility as
a witness, or otherwise, of any person convicted thereof.
D.
This section shall not apply to violations
of the Uniform State Building and Fire Code punishable under § 382
of the Executive Law of the State of New York; nor to a violation of the provisions
of the Multiple Residence Law punishable under § 304 of the Multiple
Residence Law of the State of New York.
