Vacant buildings and structures may become a nuisance by reason of improper
maintenance following damage by fire, the elements, age or general deterioration.
Vacant structures shall be maintained in conformity with the provisions of
this chapter so as to establish reasonable safeguards for the safety, health
and welfare of the general public.
For purposes of this chapter, the following terms shall have the meanings
indicated:
BUILDING INSPECTOR
The Building Inspector of the Town of Somers or such other person
appointed by the Town Board to enforce the provisions of this chapter.
VACANT STRUCTURE
Any building, structure or portion thereof designed or used for residential
or commercial purposes which has been unoccupied or unused for a period of
60 days or longer. Specifically excluded are all agricultural structures such
as barns, field houses, etc., and the appurtenant rural lands.
The owner shall keep all and every part of any vacant structure in attractive
condition and good repair, including but not limited to the following;
A. Exterior surfaces of buildings and structures that are
not inherently resistant to deterioration shall be periodically treated with
a protective coating of paint or other suitable preservative.
B. Buildings and structures shall be secured at all doorways,
windows and other openings.
C. Buildings and structures shall be maintained free of
vermin and rodents and the grounds maintained free of overgrown grass, foliage
or noxious weeds.
D. Damage caused to the exterior of any structure by fire,
explosion or natural disaster shall be repaired within six months of the date
when such damage is sustained.
Owners of premises and other persons, as defined in §
157-6B shall be responsible for compliance with this chapter.
Whenever the Building Inspector or enforcement official finds that an
emergency exists which requires immediate attention to protect the public
health or safety, he may, without notice or hearing, issue an order reciting
the existence of such emergency and requiring that such action be taken as
he deems necessary to meet the emergency. Notwithstanding any other provisions
of this chapter, such order shall take effect immediately. Any person to whom
such order is directed shall comply therewith immediately but, upon petition
to the Building Inspector or the local justice court, shall be afforded a
hearing as soon as possible. After such hearing, the Building Inspector or
court shall continue such order in effect or shall modify or withdraw it.
All ordinances, local laws or resolutions or part of ordinances, local
laws or resolutions of the Town of Somers inconsistent with the provisions
of this chapter are hereby superseded to the extent of such inconsistency
and that in all respects this chapter shall be in addition to other legislation
regulating and governing the subject matter covered by this chapter.
If any section, paragraph, subsection or provision of this chapter shall
be adjudged invalid or held unconstitutional, the same shall not affect the
validity of this chapter as a whole or any part or provision thereof other
than the part so decided to be invalid or unconstitutional.