The existence of unsanitary or deteriorating building and/or
property conditions, which typically occur on so-called "zombie" properties,
can endanger public welfare, jeopardize the security of private property,
and adversely affect the value of surrounding buildings and properties.
It is the purpose of this chapter to provide the Town's Building
Inspector with the enforcement tools needed to ensure that such conditions
are remediated in a prompt, fair and effective manner in order to
safeguard the interests of public health, safety, and welfare.
Any owner or occupant who violates any provision of the Property
Maintenance Code of the State of New York or this chapter shall be
subject to a penalty of up to $200 for each day during which such
violation continues.
Pursuant to the authority provided in Sections 106 and 301 of
the Property Maintenance Code of the State of New York, the following
compliance procedures are established:
A. Upon observing a violation of the Property Maintenance Code or this
chapter, the Building Inspector shall serve upon the owner and (if
the subject premises is not owner-occupied) the occupant of the subject
property, by certified mail, return receipt requested, and first-class
mail addressed to the premises and (if different) the owner's
last-known address, a written notice of violation and order to correct
such violation within 30 days. If an owner or occupant of the subject
premises cannot be located with reasonable diligence, such notice
may be provided by causing same to be published once in the official
newspaper of the Town.
B. If an owner or occupant fails to comply with such notice of violation within 30 days of mailing or publication thereof, and the Building Inspector further determines that such violation has created a public nuisance or a condition that endangers public health, safety or welfare, the Building Inspector shall so advise the Town Board in writing. Thereafter, the Town Board shall hold a public hearing in regard to the violation. The public hearing shall be held upon notice given pursuant to Chapter
16 and served upon the owners, occupants, and any other persons having an interest in the premises as shown on the Town tax records or on the records of the Westchester County Clerk's office. Such notice shall be mailed to such person(s) by certified mail, return receipt requested, and first-class mail, at the last known address as shown on the Town of New Castle tax records, advising of their right to attend the public hearing and opportunity to be heard. The Building Inspector shall also post at each entrance to such premises the following notice: "This property is the subject of a pending Notice of Violation issued by the Town of New Castle Building Department for violating New York State and Town of New Castle property maintenance standards."
C. If the owner or occupant of the subject premises fails to correct
or remove such violation within 10 days of the public hearing, the
Town may correct or remove the violation and take such further actions
as reasonably necessary to prevent further violations arising from
neglect or abandonment of the premises. All costs and expenses incurred
by the Town in furtherance thereof, including all penalties, shall
be charged against the owner of the property. An itemized bill of
costs and expenses incurred by the Town shall be mailed to the property
owner by certified mail, return receipt requested. The owner shall
pay the Town such costs, expenses, and penalties within 30 days of
mailing of the itemized bill of costs.
D. In the event such bill of costs is not paid in full within 30 days
following mailing thereof, such costs shall become and be a lien upon
the real property that was the subject of the violation and shall
be added to and become part of the property taxes to be assessed and
levied upon such property by the Town and shall bear interest at the
same rate as and be collected and enforced in the same manner as unpaid
taxes.
E. In the case of any violation of this chapter that, in the opinion of the Building Inspector, involves a clear and imminent danger to human life, safety, or health, the Building Inspector shall promptly provide written notice of such violation to the owner or occupant of the subject premises personally or by certified mail, which notice shall include a description of the premises, an explanation of the dangerous condition, and an order requiring such condition to be removed or made safe within a stated time. The owner or occupant of the subject premises shall commence correction of the unsafe condition within 10 days from service of such notice and shall complete all necessary remedial work with reasonable dispatch. If such remedial action is not timely commenced or completed, the Building Inspector shall enter the subject premises and remedy the dangerous condition at such cost as may be reasonably necessary. All such costs incurred by the Town shall become a lien upon the real property that was the subject of the violation in the same manner as described in Subsections
C and
D of this section.
In addition to the remedies set forth in this chapter, the Town
reserves the right to pursue any and all remedies available, including,
but not limited to, those set forth in Articles 13 and 19-A of the
New York State Real Property Actions and Proceedings Law, and the
Building Inspector is authorized to take any and all action specified
in these articles.
If any clause, sentence, paragraph, section, or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair, or invalidate
the remainder of this chapter but shall be confined in operation to
the clause, sentence, paragraph, section, or part adjudged invalid.
This chapter shall be effective immediately upon filing with
the Secretary of State.