[HISTORY: Adopted by the Town Board of the
Town of Wilton 7-13-1981 by L.L. No. 2-1981. Amendments noted where
applicable.]
Unsafe buildings pose a threat to life and property
in the Town of Wilton. 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 Wilton by requiring
that such unsafe buildings be repaired or demolished and removed.
This chapter shall be known as "Unsafe Buildings
Law of the Town of Wilton."
As used in this chapter, the following terms
shall have the meanings indicated:
Any building, structure or portion thereof used for residential,
business or industrial purpose.
The Building Inspector of the Town of Wilton 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 or 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, the Building Inspector shall cause
or make an inspection thereof and report, in writing, to the Town
Board his findings and recommendations in regard to its repair or
demolition and removal.
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.
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.
E.
A date, time and place for a hearing before the Town
Board in relation to such dangerous or unsafe building, which hearing
shall be scheduled and not less than five business days from the date
of service of the notice.
F.
A statement that, in the event of neglect or refusal
to comply with the order to secure or demolish and remove the building,
the Town Board is authorized to provide for its demolition and removal,
to assess all expenses thereof against the land on which it is located
and to institute a special proceeding to collect the costs of demolition,
including legal expenses.
The notice shall be served by posting a copy
thereof in a conspicuous place upon the premises affected and a copy
thereof mailed on the same day it is posted to the owner, executor,
administrator, agent, lessee or any person having a vested or contingent
interest in such unsafe building, as shown by the records of the Receiver
of Taxes[1] or Tax Collector or of the County Clerk, at the address
filed by him in the offices of the Town or of the County Clerk, and
if his address is not so filed, then in such case, such notice shall
be sent by registered mail to his last known address or place of residence.
[1]
Editor's Note: The office of the Receiver of Taxes was abolished
7-2-2009 by L.L. No. 6-2009. This local law also provided that the
duties of the Receiver of Taxes are transferred to the Town Clerk's
office.
A copy of the notice served as provided herein
shall be filed in the office of the County Clerk of the County of
Saratoga.
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, the Town Board shall provide for the demolition and removal of such building or structure either by Town employees or by contract. Except in emergency as provided in § 47-11 hereof, any contract for demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding.
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,
shall 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.
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, the Town Board may, by resolution, authorize the Building Inspector 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 as provided in § 47-10 hereof.
Any surveyor appointed as provided herein shall
be paid reasonable compensation as shall be fixed by the Town Board.
