[HISTORY: Adopted by the Town Board of the Town of Copake 8-9-1984
by L.L. No. 3-1984. Amendments noted where applicable.]
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]
A.
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.
B.
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]
A.
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.
B.
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.
C.
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.
