Town of Copake, NY
Columbia County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Copake 8-9-1984 by L.L. No. 3-1984. Amendments noted where applicable.]
Appearance tickets — See Ch. 6.
Fire prevention and building construction — See Ch. 129.
This chapter shall be known as the "Unsafe Building Demolition Law."
[Added 6-13-1996 by L.L. No. 1-1996]
As used in this chapter, the following terms shall have the meanings indicated:
Includes "Zoning Enforcement Officer," "Zoning Officer" and "Code Enforcement Officer."
[Amended 6-13-1996 by L.L. No. 1-1996]
The Building Inspector of the Town of Copake will be charged with the responsibility of carrying out the obligations and duties set forth in this chapter.
No person, firm, corporation or association, who or which is the owner of a building in the Town of Copake, shall cause, suffer, allow or permit said building to become dangerous or unsafe to the public or to any person or property. In the event that any building now is or hereafter becomes dangerous or unsafe to the public or to any person or property, from any cause whatsoever, the owner shall repair or remove said building.
[Amended 6-13-1996 by L.L. No. 1-1996]
In the event of the failure of the owner of any such dangerous or unsafe building to repair or remove the same, the Building Inspector of the Town of Copake shall make an inspection and report of the condition of said building to the Town Board. Notice of the report shall thereafter be mailed, by registered mail, to the owner or one of the owners of said building and shall be posted on the premises. The notice shall contain a description of the premises, a statement of the particulars in which the building or structure is unsafe and dangerous and an order requiring the building or structure to be made safe and secure or removed. Said notice shall also provide for the time within which the repair or removal of the building or structure shall be completed. A copy of such notice shall be filed in the office of the County Clerk, to 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 Town Attorney. In the event of the neglect or refusal of the owner to comply with the provisions of the notice, the town may make an application at a special term of the Supreme Court for an order directing that the building or structure shall be repaired or removed or, in default thereof, for authorization of the town to remove or repair the same.
This section shall supersede Town Law § 130 relating to the requirement of a hearing before the Town Board.
The owner of the building or structure shall be personally liable for all costs and expenses incurred by the town in connection with any and all of the above proceedings to repair, remove or secure, including the cost of actually removing said building or structure, or repairing and securing the same. If the owner shall fail to pay said costs and expenses within 10 days after notice of the same by mail, the Town Supervisor shall file, prior to the time for completing the annual town tax levy, a certificate of said cost and expense with a statement as to the property upon which the same were incurred with the Town Board, which shall in the preparation of the next annual town tax levy, levy said amounts upon such real property, and the same shall be levied, collected and enforced in the same manner, by the same proceedings, at the same time, with the same penalties and having the same lien upon the property assessed as the general town tax and as a part thereof.
[Amended 6-13-1996 by L.L. No. 1-1996]
In cases of emergency, where the above proceedings would result in a delay and the possible resulting in injury to life or property, the Town Board shall have the power to direct the Building Inspector to proceed at once to take such action as is needed to ensure the safety of affected persons and property.
[Added 6-13-1996 by L.L. No. 1-1996; amended 7-12-2007 by L.L. No. 3-2007]
Any person, firm or corporation who is guilty of a violation of this chapter shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both. Each day after notice that a violation continues shall be deemed a separate offense. In addition, a civil penalty of $100 per day may be assessed for any such violation, which civil penalty shall be recovered by the Town of Copake in a civil action.
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 found guilty of such an offense.
Appropriate actions and proceedings may be taken at law or in equity to prevent or remedy unlawful violations or infractions of any portion of this chapter, and these remedies shall be in addition to penalties otherwise prescribed by law.