[HISTORY: Adopted by the Town Board of the Town of Lloyd 12-19-1977
by L.L. No. 6-1977. Amendments noted where applicable.]
Unsafe buildings pose a threat to life and property in the Town of Lloyd.
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. 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 Lloyd by requiring
such unsafe buildings to be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings Law" of the Town
of Lloyd.
As used in this chapter, the following terms shall have the meanings
indicated:
Any building, structure or portion thereof used for a residential,
business or industrial purpose.
The Building Inspector of the Town of Lloyd or such other person
appointed by the Town Board to enforce the provisions of this chapter.
When in his own opinion or upon receipt of information that a building
is or may become dangerous or unsafe to the general public; is open at the
doorways and windows, making it accessible to and an object of attraction
to minors under 18 years of age as well as to vagrants and other trespassers;
is or may become a place of rodent infestation; presents any
other danger to the health, safety, morals and general welfare of the public;
or is unfit for the purposes for which it may lawfully be used, he shall cause
or make an inspection thereof and shall report in writing to the Town Board
his findings and recommendations in regard to its repair or demolition and
removal.
[Amended 2-11-1981 by L.L.
No. 2-1981]
The Town Board shall thereafter consider such report and, by resolution,
determine, if in its opinion the report so warrants, that such building is
unsafe and dangerous and order its repair, if the same can be safely repaired,
or its demolition and removal and further order that a notice be served upon
the persons and in the manner provided herein and set a date for a hearing
to be held before the Town Board in regard to said building.
[Amended 2-11-1981 by L.L.
No. 2-1981]
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building
is unsafe or dangerous.
C.
An order outlining the manner in which the building is
to be made safe and secure or demolished and removed.
D.
A statement that the securing or removal of such building
shall commence within 30 days of the service of the notice and shall be completed
within 60 days thereafter, unless for good cause shown such time shall be
extended by resolution of the Town Board.
E.
The time and place of the Town Board hearing on repair,
removal or demolition of the building which is the subject of the notice,
to be held before the Town Board not less than five business days from the
date the notice is served.
F.
A statement that in the event of neglect or refusal of
the person served with the notice to comply with the same, that the Town Board
may make an order after the hearing set forth in the notice determining the
building to be a public nuisance and directing that it shall be repaired and
secured or demolished and removed; and, in the event that the owner or other
interested person upon whom notices were served fails or refuses to repair
or remove the same within the time provided in the Town Board resolution following
the aforesaid hearing, the Town Board may contract privately or utilize its
own agents, servants or employees to secure or remove the building.
[Amended 2-11-1981 by L.L.
No. 2-1981]
Said notice shall be served:
A.
By personal service of a copy thereof upon the owner,
executor, administrator, personal representative, agent, lessee or any person
having a vested or contingent interest in such unsafe building as shown by
the records of the Town of Lloyd Assessor's office, Town Clerk or County Clerk;
or, if no such person can reasonably be found, by mailing such owner, by registered
mail, a copy of such notice directed to his last known address as shown by
the above records; and
B.
If there is an adult person residing in or occupying
said premises, by personally serving a copy of such notice upon said person;
or, if no one resides on the premises or if persons who reside there are not
adult persons over the age of 18 or are under a disability, by securely affixing
a copy of such notice upon the unsafe building.
[Added 2-11-1981 by L.L. No. 2-1981[1]]
The Town Board, in its discretion, may file a copy of such notice, certified
by the Town Clerk of the Town of Lloyd, in the office of the County Clerk
of Ulster County, which notice shall be filed by the Ulster County Clerk in
the same manner as a notice of pendency pursuant to Article 65 of the Civil
Practice Law and Rules, which notice shall have the same effect as a notice
of pendency as therein provided, except as otherwise hereinafter provided.
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 the consent of the Town Attorney or
the attorney for the Town retained to prosecute or represent the Town in the
proceedings regarding the unsafe building. The Ulster County Clerk shall mark
such notice and any record or docket thereof as canceled of record upon the
presentation and filing of such consent or of a certified copy of such order.
[1]
Editor's Note: This local law also repealed former § 44-8.
[Amended 2-11-1981 by L.L.
No. 2-1981[1]]
In the event of the refusal or neglect of the person so notified to comply with the order of the Town Board's determining the building to be a public nuisance and directing that it shall be repaired and secured or demolished and removed, the Town Board may, either by contract with an independent contractor or by utilization of the Town's own employees, agents and servants, repair and secure the building or demolish and remove it after 10 days have passed after service of the certified copy of the order of the Town Board in the same manner as provided for service in § 44-7. The Town Board may, by resolution, provide for an extension of the time for the owner to remove such building prior to the Town's entering the property to do so. The owner or other interested person against whom said order was rendered shall have 30 days from the date the final order to repair and secure or demolish and remove said building is filed with the Town Clerk of the Town of Lloyd to bring any action to review the determination of the Town Board of the Town of Lloyd in the Supreme Court of the State of New York, pursuant to Article 78 of the Civil Practice Law and Rules, and thereafter shall be precluded from bringing any action in any court whatsoever to review said determination of the Town Board of the Town of Lloyd.
[1]
Editor's Note: This local law also repealed former § 44-9,
Application to court.
[Amended 2-11-1981 by L.L.
No. 2-1981]
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, all filing fees, the costs of
experts, and reports and attorneys' fees in connection with the proceedings,
shall be assessed against the land on which said building is located and shall
be levied and collected in the same manner as provided in Article 15 of the
Town Law for the levy and collection of a special ad valorem levy. Additionally,
the Town Board of the Town of Lloyd may commence a special proceeding in a
court of competent jurisdiction to collect the costs of demolition, including
reasonable and necessary legal expenses incidental to obtaining an order to
demolish, from the owner of any building or structure that may now be or shall
hereafter become dangerous or unsafe to the public under the provisions of
Article 4 of the Civil Practice Law and Rules in accordance with General Municipal
Law, § 78-b.
[Amended 2-11-1981 by L.L.
No. 2-1981]
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 is immediately repaired and secured or demolished and removed, the Town Board may, by resolution, authorize the Building Inspector or any other agent, servants or employees of the Town Board to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected, and, additionally or alternatively, a special proceeding to collect the costs from the owner may be commenced, all as provided in § 44-10 hereof.
[Added 5-16-1984 by L.L.
No. 4-1984]
Any owner who agrees to remove an unsafe building must obtain a permit for demolition under Article XXIVC of Chapter 100, Zoning, of the Code of the Town of Lloyd prior to commencement of demolition and must comply with all the rules and regulations set forth therein for demolition of buildings.
[1]
Editor's Note: Former § 44-12, Compensation of surveyor,
was repealed 2-11-1981 by L.L. No. 2-1981.
