[HISTORY: Adopted by the Town Board of the
Town of Stony Point 6-13-1995 by L.L. No. 3-1995. Amendments noted
where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 107.
Unsafe buildings and public nuisances pose a
threat to life and property in the Town of Stony Point. Buildings
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 Stony Point by requiring such unsafe buildings to be
repaired or demolished and removed. All such unsafe buildings and
public nuisances are hereby declared to be illegal and shall be abated
by repair and rehabilitation or by demolition and/or other methods
in accordance with the procedures of this chapter.
This chapter shall be known as the "Unsafe Buildings
and Collapsed Structures Law of the Town of Stony Point."
As used in this chapter, the following terms
shall have the meanings indicated:
Any house, basement, cellar, wall, cottage, lot, shed, garage,
well, fence, storage tank, underground container, pole, smokestack,
building, structure or portion thereof used for residential, business,
industrial, recreational or any other purposes.
The Building Inspector of the Town of Stony Point or such
other person(s) appointed by the Town Board to enforce the provisions
of this chapter.
All buildings and structures which, by reason of their condition,
endanger or may endanger the health, life, limb or property or cause
any hurt, harm, inconvenience, discomfort, damage or injury to the
health, life, limb or property of the people of the Town of Stony
Point in any of the following ways shall be termed a "public nuisance":
By reason of being detrimental to the general
health of the community.
By reason of being a fire hazard.
By reason of being unsafe for occupancy or use
on, in, upon, about or around above said premises.
By reason of continued vacancy, thereby resulting
in lack of reasonable or adequate maintenance of structures and grounds
and causing a deteriorating and blighting influence on nearby properties
and thereby depreciating the enjoyment and use of the property in
the immediate vicinity to such an extent that is harmful to the community
in which such structure is situated.
A.
The Building Inspector shall inspect, examine or cause
to be examined any building located within the Town of Stony Point
which, for any cause, may now be or hereafter shall become dangerous
to the public or such building reported as unsafe or damaged or which
is a public nuisance and shall report, in writing, to the Town Board
his findings and recommendations in regard to the repair or removal
of said building and/or abatement of the public nuisance.
B.
If the Building Inspector finds that there is actual
and immediate danger of failure or collapse so as to endanger life,
the Building Inspector shall require that the building, structure
or portion thereof be vacated forthwith and not reoccupied until the
specified repairs and improvements are completed, inspected and approved
by the Building Inspector. The Building Inspector shall cause to be
posted at each entrance to such building a notice: "This building
is unsafe and its use or occupancy has been prohibited by the Building
Department." Such notice shall remain posted until the required repairs
are made or demolition is completed. It shall be unlawful for any
person, firm or corporation or his or its agents or other servants
to remove such notice without written permission from the Building
Inspector or for any person to enter the building except for the purpose
of making the required repairs or of demolishing the same. The Building
Inspector may 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.
The Town Board shall thereafter consider such
report and by resolution determine, if in its opinion the report so
warrants, whether such building is unsafe and dangerous and/or a public
nuisance.
The notice shall contain the following:
A.
The location and description of the premises.
B.
A statement of the particulars in which the building
is unsafe or dangerous and/or a public nuisance.
C.
An order requiring that the building be made safe and secure or demolished and removed and/or the public nuisance be abated and a statement of what is required to accomplish any of the foregoing by a certain time and date, which date shall be not less than 15 days from the date of service, except in emergency cases as described in § 78-11 hereof or unless the Building Inspector, in his or her sole discretion, shall grant a five-day extension necessary for the health, safety and welfare of the people of the town.
D.
A statement containing a date, time and place for
a hearing before the Town Board, which hearing date is to be scheduled
not less than five business days from the date of service of the notice.
E.
A statement that, if the unsafe or dangerous building
is not removed or repaired as specified and/or the public nuisance
is not abated, the Town Board is authorized to provide for its demolition
and removal and will repair or remove the building and/or abate the
public nuisance at the expense of the owner of the property and that
all costs and expenses incurred by the town in connection with the
proceedings to remove or secure said building, including the cost
of actually removing said building and legal expenses, shall be assessed
against the land on which said building is located.
A.
The notice shall be served on the owner or one of
the owner's executors, legal representatives, agents, lessees or any
other person having vested or contingent interest in the same, either
personally or by registered mail, addressed to the last known address,
if any, of the owner or one of the owner's executors, legal representatives,
agents, lessees or any other person having a vested or contingent
interest in the same, as shown by the last preceding completed record
of the Receiver of Taxes and/or in the office of the County Clerk
or county register. If such service is made by registered mail, a
copy of such notice shall be posted on the premises.
B.
In case the owner or one of the owner's executors, legal representatives, agents, lessees or any other person having vested or contingent interest in the same cannot be found after the Town Board exercises due diligence to locate such person, the Town Board shall review the report of the Building Inspector and the notice and shall proceed as if there has been noncompliance as set forth in § 78-9 of this chapter.
Such notice shall be filed in the office of
the County Clerk of the county within which such building is located
and shall have the same effect as a notice of pendency as provided
for under the laws of the State of New York. A notice so filed shall
be effective for a period of one year from that date of filing; provided,
however, that it may be vacated upon the order of a judge or justice
of the court of record or upon written consent of the Town Attorney.
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, as provided in § 78-6D, the Town Board shall provide for the demolition and removal of such building and/or the abatement of the public nuisance either by town employees or by contract. Except in an emergency as provided in § 78-11 hereof, any contract for demolition and removal of a building and/or abatement of the public nuisance shall be in accordance with the current law for bidding practices in the Town of Stony Point.
All expenses incurred by the town in connection
with the proceedings to repair and secure or demolish and remove an
unsafe building and/or abate the public nuisance, including the cost
of actually removing such building and legal expenses, shall be assessed
against the land on which such building is located. The expense so
assessed shall constitute a lien and charge on the real property against
which it is levied until paid or otherwise satisfied or discharged
and shall be collected in the same manner and at the same time as
other town charges, and the same shall be placed on the tax assessment
roll and levied against the property.
A.
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 and/or public nuisance is immediately repaired and secured or demolished and removed, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition and removal of such unsafe building, and the expenses of such repair or demolition and removal and/or abatement of the public nuisance, including legal expenses, shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided by § 78-10.
B.
In cases of emergency which, in the opinion of the Building Inspector, involve imminent danger to human life or health, the Building Inspector may vacate adjacent 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. The expenses of such action shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided by § 78-10.
[Amended 6-8-1999 by L.L.
No. 7-1999;4-26-2022 by L.L. No. 2-2022]
Offenses against this chapter shall be punishable
by a fine not to exceed $10,000 or by imprisonment not to exceed one
year, or both.
