Zoning — See Ch. 235.
§ 90-1Enactment; title.
§ 90-4Inspections; reports.
§ 90-5Written notice required; notice to be posted.
§ 90-6Survey of premises.
§ 90-7Appropriate action upon failure to locate owner.
§ 90-8Emergency cases.
§ 90-9Assessment of costs and expenses.
§ 90-10Penalties for offenses.
In order to provide for health, safety and well-being of the public and to prevent the existence or continuance of unsafe buildings and/or structures, the Town Board of the Town of Montgomery hereby enacts this chapter, which shall be known as the "Unsafe Building Law."
As used in this chapter, the following terms shall have the meanings indicated:
- UNSAFE BUILDINGS
- All buildings or structures which are structurally unsafe, dangerous, insanitary or not provided with adequate egress or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason or inadequate maintenance, dilapidation, obsolescence, or abandonment.
All such unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedures of this chapter.
The Code Enforcement Officer shall examine or caused to be examined every building reported as unsafe or damaged and shall make written report of such examination.
Whenever the Code Enforcement Officer shall find any building or structure or portion thereof to be unsafe or dangerous as defined in this chapter, he shall serve or cause to be served a written notice on the owner or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in same, either personally or by registered mail, addressed to the last known address, if any, of the owner or someone of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same, as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk, containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring the same to be made safe and secure or removed within a definite time period. If such service is made by registered mail, a copy of such notice shall be posted on the premises.
Said notice shall further state that in the event that the building or other structure shall be reported unsafe or dangerous pursuant to survey under this chapter, an application will be made at a special term of the Supreme Court in the 9th Judicial District in which the property is located for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed and for an assessment by said court of all costs and expenses incurred or to be incurred by the Town of Montgomery in connection with the proceedings to remove or secure, including the surveyor's compensation and cost of actually removing or repairing said building or structure against the land on which said buildings or structures are located.
If the Code Enforcement Officer finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the Code Enforcement Officer. The Code Enforcement Officer shall cause to be posted at each entrance to such building or structure a notice: "THIS BUILDING IS UNSAFE, AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE CODE ENFORCEMENT OFFICER OF THE TOWN OF MONTGOMERY." Such notice shall remain posted until required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents, employees or other servants to remove such notice without written permission of the Code Enforcement Officer or for any person to enter the building or other structure, except for the purpose of making the required repairs or of demolishing same.
In the event of neglect or refusal of the person served with a notice to comply with the same, a survey of the premises shall be made by an inspector and architect to be named by the Town Board and a practical builder, engineer or architect appointed by the person notified as above; and in the event of refusal or neglect of the person so notified to appoint such surveyor, the two surveyors named by the Town Board shall make the survey and report their findings to the Town Board. A signed copy of the surveyors' report shall be conspicuously posted on the building or structure by the Code Enforcement Officer.
In the event that the owner or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the same cannot be located or his last known address found with diligent effort, the Town Board shall be advised of all facts concerning the matter and shall institute an appropriate action in the courts to compel compliance.
In cases of emergency which, in the opinion of the Code Enforcement Officer, involve immediate danger to human life or health, he shall promptly cause such building, structure or portion thereof to be made safe or removed. For this purpose, he may at once enter such a structure or land on which it stands, or abutting land or buildings or structures, with such assistance and at such cost as may be necessary. He may vacate adjacent buildings or structures and protect the public by appropriate barricades or such other means as may be necessary and, for this purpose, may close a public or private way.
An assessment of all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the compensation of the surveyors and the cost of actually removing or repairing said building or structure shall be made against the land on which said buildings or structures are located.
Anyone found guilty of violating § 90-5C of the within chapter shall be subject to a fine not exceeding $250 or to imprisonment for not more than 60 days, or both, for each violation.