[HISTORY: Adopted by the Town Board of the Town of Mamakating 7-18-1976
by L.L. No. 2-1976; amended in its entirety 7-3-1986
by L.L. No. 7-1986. Subsequent amendments noted where applicable.]
Unsafe buildings pose a threat to life and property in the Town of Mamakating.
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. Debris, rubble
or parts of buildings left on the ground and not removed constitute a dangerous,
unhealthy and unsightly condition. 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 Mamakating by requiring such unsafe buildings to be repaired
or demolished and removed.
As used in this chapter, the following terms shall have the meanings
indicated:
Any building, structure or portion thereof used for residential,
business, industrial, recreational or other purpose.
The Building Inspector of the Town of Mamakating or such other person
appointed by the Town Board to enforce the provisions of this chapter.
Any debris, rubble or parts of buildings which remain on the ground
or on the premises after demolition, reconstruction, fire or other casualty.
Any building or structure or portion thereof which:
Because of its structural condition, is or may become dangerous or unsafe
to the public.
Is open at the doorways or windows or walls, 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.
Consists of debris, rubble or parts of buildings left on the ground
after demolition, reconstruction, fire or other casualty.
Presents any other danger to the health, safety, morals and general
welfare of the public.
Is unfit for the purposes for which it may lawfully be used.
[Added 5-13-1997 by L.L. No. 4-1997]
[Amended 10-4-1990 by L.L. No. 7-1990]
It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Town of Mamakating to maintain such building or structure or portion of any building or structure in any condition or manner which shall be unsafe as defined in § 68-2 of this chapter.
[Amended 10-4-1990 by L.L. No. 7-1990]
When, in the opinion of the Building Inspector or Town Engineer, any building or structure located in the Town of Mamakating shall be deemed to be dangerous or unsafe to the public as defined in § 68-2, the Building Inspector or Town Engineer shall make a formal inspection thereof and report, in writing, to the Town Board his findings and recommendations in regard to the building's or structure's removal or repair.
[Amended 5-13-1997 by L.L. No. 4-1997]
The Town Board shall thereupon consider said report, and, if it finds
that such building or structure is dangerous and unsafe to the public, it
shall, by resolution, order its repair if the same can be safely repaired
and, if not, its removal and demolition and shall further order that a hearing
be held before the Town Board at a time and place therein specified and on
at least five days' notice to the owner of the building or structure
or persons having an interest therein to determine whether said order to repair
or remove shall be affirmed or modified or vacated and, in the event of modification
or affirmation, to assess all costs and expenses incurred by the town in the
repair or removal of such building or structure against the land on which
said building or structure is located. Said order shall also provide that
the securing or removal of said building or structure shall commence within
30 days after service of notice and shall be completed within 60 days thereafter,
unless, for good cause shown, such time shall be extended by the Town Board.
The notice shall contain the following statements:
A.
The name of the owner or person in possession as appears
from the tax and deed records.
B.
A brief description of the premises and its location.
C.
A description of the building or structure which is unsafe
or dangerous and a statement of the particulars in which it is unsafe or dangerous.
D.
An order requiring the same to be made safe and secure
or to be removed.
E.
That the securing or removal of said building or structure
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 the Town Board.
[Amended 5-13-1997 by L.L. No. 4-1997]
F.
The date, time and place of the hearing to be held before
the Town Board, at which hearing the owner, occupant or other person having
an interest in said premises shall have the right to contest the order and
findings of the Town Board.
[Amended 5-13-1997 by L.L. No. 4-1997]
G.
That in the event that such owner, occupant or other
person having an interest in said premises shall fail to contest such order
and/or fail to comply with the same, the Town Board will order the repair
or removal of such building or structure by the town and that the town will
assess all costs and expenses, including legal expenses, incurred in such
repair or removal against the land on which such building or structure is
located or will institute a special proceeding against the owner to collect
the cost of repair or removal, including all legal expenses incurred in connection
therewith.
[Amended 5-13-1997 by L.L. No. 4-1997]
A.
A copy of said notice shall be personally served upon
the owner or some one of the owners, executors, legal representatives, agents,
lessees or other person having a vested interest in the premises as shown
on the town tax records or in the records in the Sullivan County Clerk's
office.
B.
If no such person can be reasonably found for personal
service, then a copy of said notice shall be mailed to such person by registered
mail addressed to his last known address, as shown on said records, and by
securely affixing a copy of said notice upon said building or structure.
[Amended 9-5-1996 by L.L. No. 2-1996]
C.
A copy of said notice shall be filed in the Sullivan
County Clerk's office, which notice shall be filed 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.
The notice so filed shall be effective for a period of one year from the date
of filing and may be extended by the town for an additional period of one
year thereafter upon the filing with the Sullivan County Clerk of a duly verified
extension of notice which shall provide for extension thereof and refer to
the name and address of the person against whom the notice was served, the
date the original notice was filed and a statement that the town elects to
extend the effectiveness of said notice pursuant to this section of the Code
of the Town of Mamakating. Such notice may be vacated only upon an order of
a Judge or Justice of a court of record and of competent jurisdiction upon
grounds sufficient to cancel a notice of pendency pursuant to § 6514
of the Civil Practice Law and Rules.
[Amended 5-13-1997 by L.L. No. 4-1997]
[Amended 5-13-1997 by L.L. No. 4-1997]
The Town Board shall conduct the public hearing at the time and place
specified in the notice to repair or demolish. It may adjourn the hearing
from time to time until all interested parties are heard and until the hearing
is completed. Within 30 days of the conclusion of the hearing, the Town Board
shall determine, by resolution, to revoke the order to repair or remove, modify
said order or continue and affirm said order and direct the owner or other
persons to complete the work within a time specified in the order or such
other time which shall be determined by the Town Board.
[Amended 10-4-1990 by L.L. No. 7-1990; 5-13-1997
by L.L. No. 4-1997]
A.
Failure to comply. In the event of the refusal, failure
or neglect of the owner or person so notified to comply with said order of
the Town Board within the time specified in said order and after the public
hearing, the Town Board shall provide that such building or structure be made
safe and secure or removed and demolished by town employees or by independent
contractors. Except in emergency cases as herein provided, any contract for
repair or demolishing and removal of a building or structure in excess of
$20,000 shall be awarded through competitive bidding.
B.
Assessment of expenses. 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 Board, either:
(1)
Be assessed against the land on which such 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; or
(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.
C.
Hearing on assessment of expenses.
(1)
In the event that the town takes any action as provided
in this chapter which results in the incurring of any expenses and the Town
Board seeks to assess such expenses against the land on which the building
is located, the Town Board shall conduct a public hearing as to the amount
of such expenses.
(2)
Prior to the hearing, the town shall cause to be served
upon the owner a notice which shall contain in sum and substance the following
statements:
(a)
The name of the owner against whose property an assessment
of expenses is being sought.
(b)
A brief description of the premises and its location.
(c)
That the Town Board has previously issued an order directing
the owner of the premises to complete the work specified therein.
(d)
That the work was not completed as requested by the order.
(e)
That the town took action in order to make the building
or structure safe and secure or removed and demolished.
(f)
That the town incurred expenses (in an amount to be specified
in the notice) as a result.
(g)
That the town is seeking to assess said expenses against
the land on which such building or structure is or was located.
(h)
The date, time and place of the hearing to be held before
the Town Board, at which time the owner or his representative or agent shall
have the right to contest the amount of expenses to be assessed or collected.
(i)
That in the event that such owner or his representative
or agent shall fail to appear and/or fail to successfully contest such expenses,
the Town Board shall levy such expenses against the land described in the
notice and shall collect them in the same manner as provided in Article 15
of the Town Law for the levy and collection of a special ad valorem levy.
[Amended 5-13-1997 by L.L. No. 4-1997]
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 or structure is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector or Town Engineer to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition, at the option of the Town Board, shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 68-9B(1) hereof or shall be the subject of a special proceeding as provided in § 68-9B(2) hereof.
[Amended 9-5-1996 by L.L. No. 2-1996]
This chapter is promulgated pursuant to the authority contained in Municipal
Home Rule Law § 10, Subdivision 1(ii)a(12) and d(3).
