[HISTORY: Adopted by the Town Board of the
Town of Greenport 12-6-2006 by L.L. No. 2-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building Code administration — See Ch. 56.
[1]
Editor's Note: This local law also superseded
former Ch. 58, Buildings, Unsafe, adopted 12-3-1980 by L.L. No. 1-1980.
Unsafe buildings pose a threat to life and property
in the Town of Greenport. 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
and/or constitute a fire hazard, thereby creating a menace to the
community. 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 Greenport by requiring such unsafe buildings to be repaired
or demolished and removed.
Whenever they are used in this chapter, the
following terms shall have the following meanings:
Any building, structure, or portion thereof.
The Code Enforcement Officer of the Town of Greenport or
such other person appointed by the Town Board to enforce the provisions
of this chapter.
All buildings or structures which have any or all of the
following defects shall be deemed dangerous buildings:
Those whose exterior walls or other vertical
structural members list, lean or buckle to such an extent that a plumb
line passing through the center of gravity falls outside of the middle
third of its base.
Those which, exclusive of the foundation, show
33% or more of damage or deterioration of the supporting member or
members or 50% of damage or deterioration of the nonsupporting enclosing
or outside walls or covering.
Those which have improperly distributed loads
upon the floors or roofs or in which the same are overloaded or which
have insufficient strength to be reasonably safe for the purpose used.
Those which have been damaged by fire, wind,
water 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.
Those which have become or are so dilapidated,
decayed, unsafe, unsanitary or which so utterly fail to provide the
amenities essential to decent living that they are unfit for human
habitation or use or are likely to cause sickness or disease, so as
to work injury to the health, morals, safety or general welfare of
those living in or occupying said building or structure or to the
people of the Town.
Those having inadequate facilities for egress
in case of fire or panic, or those having insufficient stairways,
elevators, fire escapes or other means of escape.
Those which have parts thereof in such condition,
or parts thereof which are so attached, that they may collapse or
fall and injure members of the public or property.
Those which, because of their condition, are
unsafe, unsanitary or dangerous to the health, morals, safety or general
welfare of the people of the Town.
Unfit for human habitation or likely to cause sickness or
disease or likely to constitute an unreasonable danger to the public.
All unsafe buildings within the terms of § 58-2 of this chapter are hereby declared to be public nuisances and illegal and shall be abated by repair and rehabilitation or by demolition and removal in accordance with this chapter.
A.
Whenever any person shall advise the Code Enforcement
Officer, in writing, on a form prescribed by the Town Board and signed
by the complainant, that any premises within the Town of Greenport
has erected upon it a building or other structure that may be dangerous
or unsafe or whenever the Code Enforcement Officer has reason to believe
that such is the case, the Code Enforcement Officer shall promptly
inspect said premises.
B.
If, upon such inspection, the Code Enforcement Officer
determines that a building or structure is unsafe or dangerous, said
Officer shall order the same to be vacated. No person shall use or
occupy such building or structure, or part thereof, until it is made
safe and inspections have been completed by the Code Enforcement Officer.
The Code Enforcement Officer shall file with
the Town Clerk a report, in writing, setting forth the condition of
any building or structure inspected by him. The report shall specify
the date of the inspection, the condition which the inspector believes
to be dangerous or unsafe, if any, and his opinion as to the cause
of such condition and his recommendation for the correction of such
condition. Such report shall be filed as soon as practicable after
the date of such inspection. The Town Clerk shall forthwith transmit
a copy of such report to each member of the Town Board.
Whenever the Code Enforcement Officer files a report with the Town Clerk, as directed in § 58-5, alleging that a building or structure is dangerous or unsafe to its occupants or to the public, the Town Board shall order a notice to be served on 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, either personally or by registered or certified mail, addressed to the last known address, if any, of such person, as shown by the records of the Tax Collector of the Town, or in the office of the Columbia County Clerk or Real Property Tax Service, or to any more appropriate address of which it shall have knowledge. If such service is by mail, a copy of said notice shall be posted on the premises. Such notice shall contain the following:
A.
A description of the premises sufficient to identify
its location.
B.
A statement of the particular manner in which the
building or structure is dangerous or unsafe.
C.
An order requiring same to be made safe and secure
or demolished and removed.
D.
A statement that the repair, demolition and removal,
or securing of the building or structure is to commence within 30
days of the service or mailing of the notice and be completed within
60 days of the service or mailing of the notice, unless, for good
cause shown, such time shall be extended by resolution of the Town
Board.
E.
A date, time and place for a hearing before the Town Board in accordance with § 58-7 in relation to such dangerous or unsafe building or structure, such hearing to take place not less than 10 business days after the date of the service of the notice.
F.
A statement that, in the event of neglect or refusal
to comply with the order to repair, demolish and remove, or secure
the building or structure, the Town Board is authorized to effect
such repair, or destruction and removal, or securing of the building
or structure, to assess all costs and expenses thereof incurred by
the Town Board against the land upon which the building or structure
is located, and to institute an action at law to collect the costs
and expenses of repair, or destruction and removal, or securing, including
a surcharge of 10% and legal expenses.
A copy of such notice shall be filed in the
office of the Columbia County Clerk, which notice shall be filed by
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, except as
otherwise provided in this chapter. 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 consent of the Town Attorney. The Columbia County
Clerk shall mark such notice and any record or docket thereof as canceled
of record upon the presentation of filing of such consent or the certified
copy of such order.
The hearing set forth in the notice shall be held at a meeting of the Town Board. At said hearing, the person served with the notice as provided by § 58-5 of this chapter may present evidence and testimony in opposition to the claim that the building or structure is dangerous or unsafe. If the Town Board, after such hearing, still finds that the building or structure is dangerous or unsafe and if the person served still neglects or refuses to comply with the order as required by this chapter, the Town Board shall provide for making such building or structure secure or for its repair or demolition and removal. All costs and expenses incurred by the Town or the Town Board in connection therewith shall be assessed against the land upon which such building or structure is located.
If the notice required by § 58-6 of this chapter shall have been given by mail, the Code Enforcement Officer shall, and in all other instances may, place an additional notice on the subject building or structure reading as follows: "This building has been found to be a dangerous building by the Town of Greenport Code Enforcement Officer. This notice shall remain on this building until it is secured, repaired or demolished. It is unlawful to remove this notice except at the direction of the Town of Greenport Code Enforcement Officer."
In cases where it reasonably appears that there is a clear and present danger to the life, health or safety of any person or to the public unless a dangerous or unsafe building is immediately repaired or demolished and removed, the Town Board may authorize the Code Enforcement Officer to cause its immediate repair or demolition and removal or that it be otherwise secured. The cost therefor shall be charged against the land upon which such building is located and shall be assessed, levied and collected as hereinafter provided in § 58-11.
All expenses incurred by the Town in causing
any building or structure, or any portion thereof, to be secured,
repaired, or demolished, including the cost of actually removing said
building or structure and/or the debris therefrom, shall be assessed
against the land upon which such building or structure is or was located
and also may be recovered in an action at law.
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.
