[HISTORY: Adopted by the Town Board of the
Town of Clinton 3-10-1981 by L.L. No. 2-1981. Amendments noted where
applicable.]
The intent of this chapter is to promote and
preserve a clean and wholesome and attractive environment within the
Town of Clinton, which is declared to be of importance to the health,
safety and welfare of residents of and owners of property located
within the Town of Clinton by providing a method of removal or repair
of buildings or structures within the limits of said Town, that from
any cause which may now be or which shall hereafter become dangerous
or unsafe to the public. It is further declared that the unrestrained
allowance of unsafe buildings and further that such structures are
a hazard to such health, safety and welfare of the habitants of said
Town, necessitating the regulation, restraint and elimination thereof.
No person, firm, corporation or association
owning, possession or controlling a building or structure in the Town
of Clinton, County of Dutchess and State of New York shall permit,
suffer or allow said buildings now or hereafter to be or become dangerous
or unsafe to the public from any cause whatsoever.
All of the buildings or structures that have
any or all of the following defects shall be deemed for the purposes
of this chapter to be "dangerous buildings":
A.
Those whose interior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb line passing
through the center of gravity falls outside of the middle third of
its base.
B.
Those which, exclusive of the foundation, show 33%
or more of damage, deterioration or other signs of decay to the supporting
member or members, or 50% of damage, deterioration or other signs
of decay to nonsupporting enclosing or outside walls or covering.
C.
Those that have improperly distributed loads upon
the floors or roofs or in which the same are overloaded, or have insufficient
strength to be reasonably safe for the purpose used.
D.
Those which have been damaged by fire, wind or other
causes so as to have become dangerous to life, safety, morals or the
general health and welfare of the occupants or the people of the Town
of Clinton.
E.
Those that have become or are so dilapidated, decayed,
unsafe, unsanitary or those which so utterly fail to provide the amenities
essential to decent living that they are unfit for human habitation,
or the carrying on of the usual occupation or business, or are likely
to cause sickness or disease, that they will cause injury to the health,
morals, safety or general welfare of those living therein or thereby.
F.
Those having light, air and sanitation facilities
which are inadequate to protect the health, morals, safety or general
welfare of human beings who live or may lie therein.
G.
Those having inadequate facilities for egress in case
of fire or panic or those having insufficient stairways, elevators,
fire escapes or other means of escape.
H.
Those which have parts so attached that they may fall
and injure members of the public or other property.
I.
Those which because of their condition are unsafe,
unsanitary or dangerous to the health, morals, safety or general welfare
of the people of this Town.
J.
Any building or structure which remains vacant and
unattended continuously for a period of 12 months.
In the event that it shall come to the attention
of the Town Board that any building or structure in the Town of Clinton
may be dangerous or unsafe to the public, the Board shall direct the
Building Inspector to inspect the alleged unsafe building and to report
to the Board his findings. If the Town Board adopts the Building Inspector's
report as to the presence of an unsafe building or a dangerous building,
then the Board shall cause notice to be served on the owner or some
one of the owners, executors, legal representatives, agents, lessees
or any other person having a 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 some one of the owners, executors,
legal representatives, agents, lessees or some other person having
a vested or contingent interest in the same, as shown by the records
of the receiver of the taxes and/or in the office of the County Clerk
containing a description of the premises. Said notice shall contain
a statement of the particulars in which the building or structure
is unsafe or dangerous and an order requiring same to be made safe
and secure or removed. If such notice is by registered mail, a copy
of such notice is to be posted on the premises. Said repair or the
removal of said building or structure shall be commenced within 30
days of the service of the notice and completed within 60 days of
the service of the notice unless the time for such is extended by
the Town Board. The notice heretofore prescribed shall also specify
a date, time and place for a hearing before the Town Board, at which
time the owner or such persons having an interest in the property
or premises may appear and be heard. Said notice shall also state
that if the owner or his representative fails to repair or demolish
the building as prescribed, the building will be demolished, repaired
or removed by the Town at the expense of the owner.
The notice to be served as set forth in § 116-4 hereof shall also be filed in the office of the Dutchess County Clerk in the same manner as a notice of pendency (CPLR Article 65) and shall have the same effect as such unless otherwise specified herein. Said notice so filed shall have an effective period of one year from date of filing; however, upon the consent of the Town Attorney, it may be vacated by a judge or justice of a court of record, and the County Clerk, upon presentation of such order, shall mark said notice and any record or document thereof as cancelled.
In the event that the person, firm, corporation
or association owning, possessing or controlling a building or structure
in the Town of Clinton refuses to allow the Building Inspector to
make the inspection or survey, then the Building Inspector shall file
an affidavit of the facts showing a probable violation of this chapter
with the Town Justice, and after an examination of the Zoning Administrator
the Town Justice shall make a written finding whether or not there
appears to be probable cause that there is a violation of this chapter
which is creating a dangerous or unsafe building in the Town. If the
Town Justice makes a determination that such a violation probably
exists, then the Town Justice shall issue a search warrant to the
Building Inspector authorizing a search of the premises to determine
if there is a violation of this chapter.
A signed copy of the determination of the survey by the Town Board pursuant to § 116-4 shall be posted on the building or structure which has been surveyed.
The following standards shall be followed in
substance in the survey of the structure or building by the Building
Inspector in determining the condition of the structure or building:
A.
If the dangerous building can reasonably be repaired
so that it will no longer exist in violation of this chapter, it shall
be ordered repaired.
B.
If the dangerous building is in such condition as
to make it dangerous to the health, morals, safety or general welfare
of its occupants, it shall be ordered to be vacated.
C.
In any case where a dangerous building is 50% damaged
or decayed, or deteriorated from its original value or structure,
it shall be demolished, and in all cases where a building cannot be
repaired so that it will no longer exist in violation of the terms
of this chapter, it shall be demolished. In all cases where a dangerous
building is a fire hazard existing or erected in violation of the
terms of this chapter or any ordinance or law of the Town or statute
of the State of New York, it shall be demolished.
All dangerous buildings within the terms of § 116-3 of this chapter are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as hereinbefore mentioned or provided.
A.
All costs and expenses incurred by the Town in connection
with the removal, demolition, repair or vacation of any dangerous
building or structure, as determined pursuant to this chapter, including
surveyors' costs or fees, attorneys' fees, advertising costs, title
searches, costs of actually removing or securing this building or
structure and all other expenses, shall, when properly certified to
and by the Town Board, be audited and paid by the Town the same as
any other claim against the Town.
B.
A bill for such expenses shall be presented to the
owner or person notified pursuant to the foregoing sections of this
chapter, personally or by certified mail, return receipt requested,
or if the same cannot be so served or notified, then by posting the
same in a conspicuous place on the premises.
C.
If such owner shall fail to pay the same within 30
days thereafter, the Town Board shall file a certificate of the actual
expenses incurred as aforesaid together with a statement as to the
property in connection with which the expenses were incurred, with
the Town Assessor, who shall, in the preparation of the next assessment
roll of general Town taxes, assess such amount upon such property
and against such building or structure and the lot or land upon which
the same is situated, and said bill or amount so levied is to be collected
and enforced in the same manner, by the same proceedings, at the same
time, under the same penalties, and have the same lien effect upon
such property as the general Town tax and as a part thereof.
In cases of great emergency, where delay of the proceedings, as hereinbefore provided, would result in probable loss of life or property, the Town Board shall have the power to proceed at once to take such action as is needed to guard the safety of persons and property. In such cases the Town Board shall have full power and authority to provide all necessary means therefor and all expenses therefor shall be paid and collected as provided in § 116-10 hereof.
