Town of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 10-17-1984 by L.L. No. 6-1984 (Ch. 15 of 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 90.
Fire prevention and building construction — See Ch. 106.
Plumbing — See Ch. 158.
Property maintenance — See Ch. 161.

§ 71-1 Purpose.

The purpose of this chapter is to provide for the removal or repair of buildings in business, industrial and residential sections of the Town of Mamaroneck that, from any cause, may now be or shall hereafter become dangerous or unsafe to the public.

§ 71-2 Inspections and notices.

A. 
The Director of Building Code Enforcement and Land Use Administration or one of his designated representatives shall inspect and record any dangerous or unsafe condition in any building or structure within the limits of the unincorporated area of the Town of Mamaroneck.
[Amended 10-16-2002 by L.L. No. 10-2002]
B. 
Should the Director of Building Code Enforcement and Land Use Administration or his designated representative determine that any building or structure is unsafe or dangerous or that any dangerous or unsafe condition shall exist within any building or structure, he shall submit notice by serving on the owner or one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, either personally or by registered mail, addressed to the last known address, if any, of the owner or one 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, containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring the same to be made safe and secure or removed. If such service is made by registered mail, a copy of such notice shall be posted on the premises.
[Amended 10-16-2002 by L.L. No. 10-2002]
C. 
Such notice shall further provide that the person so served shall commence the securing or removal of the buildings or structures within 10 days of receipt of said notice.
D. 
In any instance where the Director of Building Code Enforcement and Land Use Administration shall determine that an emergency condition exists which is dangerous to the life or safety of any individual, he may require that the person so served shall commence the securing or removal of the buildings or structures within a period of less than 10 days from the receipt of said notice. However, in such instance, the notice shall state that there is such an emergency condition and shall specify both the condition and the time in which it must be corrected.
[Amended 10-16-2002 by L.L. No. 10-2002]

§ 71-3 Emergencies.

[Amended 10-16-2002 by L.L. No. 10-2002]
Should the Director of Building Code Enforcement and Land Use Administration determine that such an unsafe or dangerous condition exists within a building or structure that said building or structure constitutes an imminent threat to life, then the Director of Building Code Enforcement and Land Use Administration may cause to be posted at each entrance of such building a notice that said building is unsafe and its use or occupancy has been prohibited by the Building Department of the Town of Mamaroneck, and he shall further be permitted to require, upon service of such written notice upon the occupants of said building, their removal from said building until said building had been secured or removed.

§ 71-4 Filing of notices.

A copy of any such notice served pursuant to § 71-2 shall be filed in the office of the County Clerk of the County of Westchester, 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, except as otherwise hereinafter provided in this section. 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 Counsel to the Town. The Clerk of the County where such notice is filed shall mark such notice in any record or docket thereof as canceled of record upon the presentation and filing of such consent or a certified copy of such order.

§ 71-5 Hearings.

A. 
Upon noncompliance with the order to remove or make safe and secure as provided in § 71-2 herein, a hearing shall be held before the Town Board. Notice of the time and place thereof shall be specified in the notice to repair or demolish served upon the owner or such persons having an interest in the property or structure as herein prescribed.
B. 
In the event that such owner fails or refuses to repair or remove the same within the time provided, the Town Board shall be authorized to remove such building or structure after a hearing as provided for in § 71-5A.

§ 71-6 Costs.

The cost and expenses incurred by the Town in connection with the proceedings set forth in this chapter for the correction of any unsafe or dangerous condition or the removal by the Town of any said building or structure upon the failure of the owner or other person notified to secure or remove the building or structure shall be assessed against the land on which said building or structure is located by the Assessor for the Town of Mamaroneck.