[HISTORY: Adopted by the Town Board of the Town of Montgomery 7-3-1975 by L.L. No.
3-1975. Amendments noted where applicable.]
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:
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 cause to be examined
every building reported as unsafe or damaged and shall make written
report of such examination.
[1]
Editor's Note: Amended at time of adoption of Code (see
Ch. I, General Provisions. Art. I).
A.
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.[1]
B.
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.
C.
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.[2]
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.
