Unsafe buildings pose a threat to life and property in the Town of Crawford.
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 an attractive nuisance 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 Crawford by requiring such unsafe buildings to be repaired
or demolished or removed.
As used in this chapter, the following terms shall have the meanings
indicated:
BUILDING
Any building, structure or portion thereof used for residential,
business, industrial, recreational or other purposes.
BUILDING INSPECTOR
The Building Inspector of the Town of Crawford and his duly appointed
assistants or deputies or such other person appointed by the Town Board to
enforce the provisions of this chapter.
PORTION OF BUILDING OR STRUCTURE
Any debris, rubble or parts of buildings which remain on the ground
or on the premises after demolition, reconstruction, fire or other casualty.
UNSAFE BUILDING OR STRUCTURE
Any building or structure or portion thereof which:
A.
Has interior walls or other vertical structural members which list,
lean or buckle to such an extent that a plumb line passing through the center
of gravity falls outside of the middle 1/3 of its base.
B.
Exclusive of the foundation, shows 33% or more of damage to or deterioration
of the supporting member or members of 50% damage to or deterioration of the
nonsupporting enclosing or outside walls or covering.
C.
Has improperly distributed loads upon the floors or roofs or in which
the same are overloaded or have insufficient strength to be reasonably safe
for the purpose used.
D.
Has been damaged by fire, wind or other causes so as to have become
dangerous to life, safety, morals or the general health and welfare of the
occupants or the people of the Town of Crawford.
E.
Has become or is so dilapidated, decayed, unsafe, unsanitary or which
so utterly fails to provide the amenities essential to decent living that
it is unfit for human habitation or is likely to cause sickness or disease,
so as to work injury to the health, morals, safety or general welfare of those
living therein.
F.
Has light, air and sanitation facilities which are inadequate to protect
the health, morals, safety or general welfare of human beings who live or
may live therein.
G.
Has inadequate facilities for egress in case of fire or panic or has
insufficient stairways, elevators, fire escapes or other means of communication.
H.
Has parts thereof which are so attached that they may fall and injure
members of the public or property.
I.
Because of its condition, is unsafe, unsanitary or dangerous to the
health, morals, safety or general welfare of the people of the Town of Crawford.
J.
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.
K.
Is or may become a place of rodent infestation.
L.
Consists of debris, rubble or parts or buildings left on the ground
after demolition, reconstruction, fire or other casualty.
When, in the opinion of the Building Inspector, any building or structure located in the Town of Crawford shall be deemed to be dangerous or unsafe to the public, as defined in §
66-2, 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.
In addition to serving the notice as provided in §
66-5, the Town Board may, if it determines that the purposes of this chapter will be further effectuated, order that no person other than the owner or his agent shall enter upon the property and shall post on such property signs indicating "no trespassing." When such a determination is made, notice of such fact shall be included in the notice referred to in §
66-5. Anyone found trespassing in violation of this section shall be liable for a fine not to exceed $50 for each offense.
The notice shall contain the following statements:
A. The name of the owner or person in possession as appears
in 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 a specified number of days of the service of the notice
and shall be completed within a specified number of 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 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.
H. That in any case where a building which is required to
be made safe and secure under this chapter is made safe by the boarding up
thereof, the material for such boarding shall be painted, as near as practicable,
the same color as the building.
I. The failure to commence the necessary repairs, improvements
or demolition within the time specified in the notice will constitute a violation
of the law subjecting the violators to a fine not to exceed $250 for each
week of such violation.
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 conclusion of the hearing, the Town Board shall determine
by resolution to revoke the order to repair or remove, to modify said order
or to continue and affirm said order to 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.
Except as provided in §
66-6, any person found guilty of violating this chapter shall be liable for a fine not to exceed $250 for each violation. Each week such violation shall continue shall constitute a separate violation.
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 and attorney's fees, shall be
assessed against the land on which such building is located and shall be levied
and collected in the same manner as provided for the levy and collection of
real property taxes.
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 be a charge against the land on which it is located and shall be assessed, levied and collected as provided in §
66-10 hereof.
The Town Board, in its discretion, may elect to apply to the Supreme
Court of the State of New York for an order directing that the building be
repaired and secured or demolished and removed.
The Town Board may commence a special proceeding pursuant to § 78-b
of the General Municipal Law to collect the costs of demolition, including
reasonable and necessary legal expenses.