Town of Forestburgh, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Forestburgh 7-13-1978 by L.L. No. 1-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 68.
Property maintenance — See Ch. 129.

§ 74-1 Legislative intent.

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

§ 74-2 Inspection and report.

When, in the opinion of the Code Enforcement Officer of the Town of Forestburgh, who is hereby appointed by the Town Board of the Town of Forestburgh for the purpose of enforcing this chapter, any structure located therein shall be deemed to be dangerous or unsafe to the public, said Code Enforcement Officer shall make a formal inspection thereof and report in writing to the Town Board of the Town of Forestburgh his findings and recommendations in regard to the building's removal or repair.

§ 74-3 Order and service of notice.

The Town Board shall thereafter consider said report, and, if it finds from said report that there is ground to believe that such building or buildings are dangerous or unsafe to the public, the Town Board, by resolution, shall order its removal or repair, if the same can be safely repaired, and further order that a notice shall be personally served upon the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the premises, as shown by the last preceding assessment roll of the Town and/or by the records of the Sullivan County Clerk's office; if no such person can be reasonably found, then by mailing a copy of such notice to such person or corporation by registered mail, addressed to his last known address and by securely posting a copy of such notice upon said premises.

§ 74-4 Notice to repair or demolish.

[Amended 4-6-1989 by L.L. No. 2-1989]
A. 
Contents of notice. Said notice shall contain the following statements:
(1) 
A description of the premises.
(2) 
A statement of the particulars in which the building or structure is unsafe or dangerous.
(3) 
An order requiring the same to be made safe and secure or removed.
(4) 
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.
B. 
Notice of hearing. Such notice shall further provide that in case the owner and such persons having an interest in the property or structure as herein prescribed wish to contest the order, that a hearing will be held before the Town Board at a time and place specified and that, in the event such owner or persons having an interest 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 expense incurred by the Town in the removal of such building or structure against the land on which such building or structure is located.

§ 74-5 Filing of notice in office of County Clerk.

[Amended 4-6-1989 by L.L. No. 2-1989]
A copy of the notice served in accordance with § 74-3 shall be filed in the Sullivan County Clerk's office, which notice shall be filed with such Clerk 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; provided, however, that it may be vacated upon order of a Judge or Justice of a court of record or upon the consent of the Town Attorney. The Sullivan 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.

§ 74-6 Hearing before Town Board.

[Amended 4-6-1989 by L.L. No. 2-1989]
At the time and date specified in § 74-4, Notice to repair or demolish, the Town Board shall conduct the public hearing. It may adjourn from time to time until the hearing is completed and until all interested parties are heard. At the conclusion of the hearing, the Town Board shall determine to revoke the order to repair or remove or to continue said order and direct the owner and other persons to complete the work within a specified time which shall be reasonable as to the time needed to perform the work and the necessity to protect the general public.

§ 74-7 Failure of owner and persons in interest to comply with order.

[Amended 4-6-1989 by L.L. No. 2-1989]
In the event that the owner and persons in interest shall fail to comply with the final order of the Town Board to make such building safe and secure or removed, the Town Board shall order such building or structure to be made safe and secure or removed and assess all the costs and expenses, including the cost of actually removing such building or structure, against the land on which such building or structure is located at the same time and in the same manner as general Town taxes.

§ 74-8 Emergency conditions. [1]

In cases of great emergency, where the delay of proceedings as herein before provided would result in probable loss of life or property, the Town Board shall have the power to proceed at once to take such action as is needed to guard the safety of persons and property. In such cases, the Town Board shall have the full power and authority to provide all necessary means therefor, and all expenses therefor shall be paid and collected as provided in § 74-7 hereof and in Article 5, § 78-b of the General Municipal Law of the State of New York.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 74-9 Penalties for offenses. [1]

Any person found guilty of a violation of this chapter shall be punishable by a fine of not more than $250, imprisonment for not more than 15 days, or both such fine and imprisonment.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).