The purpose of this chapter is to promote, safeguard
and preserve the health, welfare and property of the residents of
and owners of property located in the Town of Wawarsing by providing
for the removal or repair of buildings within the limits of the said
Town of Wawarsing which, from any cause, may now be or shall hereafter
become dangerous or unsafe to the public.
Whenever it shall be reported or come to the
attention of the Town Board that any building or collapsed structure
may be or shall become dangerous or unsafe to the public, the said
Board shall, by resolution, direct the Building Inspector of the Town
of Wawarsing to cause an inspection to be made of the said building
or structure alleged to be dangerous or unsafe and to report his findings
thereon in writing to the said Town Board. The Building Inspector
shall, for the purposes hereof, be deemed an official.
Any structure or building which has any of the
following defects or conditions shall be deemed unsafe and dangerous
within the meaning of this chapter:
A. Those whose interior 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.
B. 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.
C. Those which have 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. Those which have 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 Wawarsing.
E. 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 are likely to cause sickness or disease so as to work injury to
the health, morals, safety or general welfare of those living therein.
F. Those having 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. Those having inadequate facilities for egress in case
of fire or panic or those having insufficient stairways, elevators,
fire escapes or other means of communication.
H. Those which have parts thereof which are so attached
that they may fall and injure members of the public or property.
I. Those which because of their condition are unsafe,
unsanitary or dangerous to the health, morals, safety or general welfare
of the people of this Town.
The Town Board shall consider the report, and
if in its opinion the report so warrants, shall by resolution determine
that the structure or building in question is unsafe or dangerous
and shall order that the same be made safe and secure or removed;
provided, however, that a notice thereof shall be given as provided
in the next section hereof.
[Amended 5-7-1987 by L.L. No. 4-1987]
A. The notice shall be served on the owner or some one
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 some one 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 or County Register, 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 same to
be made safe and secure or removed; and if such service is made by
registered mail, a copy of such notice shall be posted on the premises.
B. The time within which the person served with such
notice may commence the securing or removal of buildings or structures
shall be stated in the notice.
[Amended 5-7-1987 by L.L. No. 4-1987]
A hearing shall be held before the Town Board,
notice of which and the time and place thereof to be specified in
the notice to repair or demolish and to be served upon the owner and
such persons having an interest in the property or structure as is
herein prescribed.
[Amended 5-7-1987 by L.L. No. 4-1987]
Such building or structure may be removed by
the Town in the event such owner fails or refuses to repair or remove
the same within the time provided.
[Amended 6-15-1995 by L.L. No. 2-1995]
A. 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
all reasonable and necessary legal expenses incidental thereto shall,
at the option of the Town:
(1) Be assessed against the land on which said building
is located.
(2) Be collected by commencement of a special proceeding
against the owner of said unsafe or dangerous building or structure
pursuant to General Municipal Law § 78-b.
B. The remedies provided for herein are cumulative and
not exclusive and shall be in addition to any other remedies provided
by law.