[HISTORY: Adopted by the Town Board of the
Town of Southeast 6-16-1988 by L.L. No. 5-1988. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 54.
This chapter shall be known as the "Unsafe Buildings
Ordinance of the Town of Southeast" and is promulgated pursuant to
the authority contained in § 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 Southeast. 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 attractive nuisances 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
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 Southeast by
requiring such unsafe buildings to 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 used for residential,
business, industrial, recreational or other purpose.
The Building Inspector of the Town of Southeast or such other
person appointed by the Town Board to enforce the provisions of this
chapter.
Any debris, rubble or parts of buildings which remain on
the ground or on the premises after demolition, reconstruction, fire
or other casualty.
Any building or structure or portion thereof which:
Because of its structural condition, is or may
become dangerous or unsafe to the public.
Is open at the doorways or windows or walls,
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.
Consists of debris, rubble or parts of buildings
left on the ground after demolition, reconstruction, fire or other
casualty.
Presents any other danger to the health, safety,
morals and general welfare of the public.
It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Town of Southeast to maintain such building or structure or portion of any building or structure in any condition or manner which shall be unsafe as defined in § 55-3 of this chapter.
When, in the opinion of the Building Inspector, any building or structure located in the Town of Southeast shall be deemed to be dangerous or unsafe to the public as defined in § 55-3, the Building Inspector shall make a formal inspection thereof and report in writing to the Town Board his findings and recommendations in regard to the building's or structure's removal or repair.
The Town Board shall thereupon consider said
report; and, if it finds that such building or structure is dangerous
and unsafe to the public, it shall, by resolution, order its repair
if the same can be safely repaired and, if not, its removal and demolition
and shall further order that a hearing be held before the Town Board
at a time and place therein specified and on at least five days' notice
to the owner of the building or structure or persons having an interest
therein to determine whether said order to repair or remove shall
be affirmed or modified or vacated and, in the event of modification
or affirmance, to assess all costs and expenses incurred by the Town
in the repair or removal of such building or structure against the
land on which said building or structure is located. Said order shall
also provide that the securing or removal of said building or structure
shall commence within 30 days after service of notice and shall be
completed within 60 days thereafter.
The notice shall contain the following statements:
A.
The name of the owner or person in possession as appears
from the tax and deed records.
B.
A brief description of the premises and its location.
C.
A description of the building or structure which is
unsafe or dangerous and a statement of the particulars in which it
is unsafe or dangerous.
D.
An order requiring the same to be made safe and secure
or to be removed.
E.
That the securing or removal of said building or structure
shall commence within 30 days of the service of the notice and shall
be completed within 60 days thereafter.
F.
The time and place of the hearing to be held before
the Town Board, at which hearing the owner or occupant shall have
the right to contest the order and findings of the Town Board.
G.
That, in the event that such owner, occupant or other
person having an interest in said premises shall fail to contest such
order and fail to comply with the same, the Town Board will order
the repair or removal of such building or structure by the Town and
that the Town will assess all costs and expenses incurred in such
removal against the land on which such building or structure is located.
A.
A copy of said notice shall be personally served upon
the owner or some one of the owners, executors, legal representatives,
agents, lessees or other person having a vested interest in the premises
as shown on the Town tax records or in the records in the Putnam County
Clerk's office.
B.
If no such person can be reasonably found for personal
service, then a copy of said notice shall be mailed to such person
by registered mail addressed to his last known address as shown on
said records and by personally serving a copy of said notice upon
any adult person residing in or occupying said premises or by securely
affixing a copy of said notice upon said building or structure.
C.
A copy of said notice shall be filed in the Putnam
County Clerk's office, which notice shall be filed in the same manner
as a notice of pendency pursuant to Article 65 of the Civil Practice
Law and Rules and shall have the same effect as a notice of pendency
as therein provided. A notice so filed shall be effective for a period
of one year from the date of filing. It may be vacated upon an order
of a Judge or Justice of a court of record or upon written consent
of the Town Attorney of the Town of Southeast. The Putnam County Clerk
shall mark such notice and any record or docket thereof as canceled
of record upon the presentation and filing of such consent or of a
certified copy of such order.
The Town Board shall conduct the public hearing
at the time and place specified in the notice to repair or demolish.
It may adjourn the hearing from time to time until all interested
parties are heard and until the hearing is completed. At the construction
of the hearing, the Town Board shall determine by resolution to 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 of the refusal, failure or neglect
of the owner or person so notified to comply with said order of the
Town Board within the time specified in said order and after the public
hearing, the Town Board shall provide that such building or structure
be made safe and secure or removed and demolished by Town employees
or by independent contractors.
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 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 or structure 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 or structure. 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 § 55-11 hereof.
The violation of any of the provisions of this
chapter shall be punishable by a fine not exceeding $250 or imprisonment
not exceeding 15 days, or both.
