Unsafe buildings pose a threat to life and property in the Town
of Highlands. Buildings and structures may become unsafe by reason
of damage by fire, the elements, age, abandonment, lack of maintenance
or repair 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. Debris, rubble or parts of buildings
left on the ground and not removed constitute a dangerous, unhealthy
and unsightly condition. 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 Highlands by requiring such unsafe buildings
to be repaired and secured or demolished and removed.
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONMENT
The failure to use or occupy a building for its principal
intended purpose for a period of six or more months for any reason,
regardless of intent.
BUILDING
Any building, structure or premises or portion thereof used
or designed for residential, business, industrial, recreational or
other purpose.
BUILDING INSPECTOR
The Building Inspector or Code Enforcement Officer of the
Town of Highlands and his duly appointed assistants or deputies or
such other person appointed by the Town Board to enforce the provisions
of this chapter.
PORTION OF BUILDING OR STRUCTURE
Any debris, rubble or parts of a building which remain on
the ground or on the premises after abandonment or demolition, reconstruction,
fire or other casualty.
UNSAFE BUILDING OR STRUCTURE
Any building, structure or premises or portion thereof which:
A.
Has interior walls or other vertical structural members which
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle 1/3 of its base;
B.
Exclusive of the foundation, shows 33% or more of damage to
or deterioration of the supporting member or members or 50% of damage
to or deterioration of the nonsupporting enclosing or outside walls
or covering;
C.
Has improperly distributed loads upon the floors or roofs or
in which the same are overloaded or have insufficient strength to
be reasonably safe;
D.
Has been damaged by fire, wind, lack of maintenance or repair
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 Highlands;
E.
Has become or is so dilapidated, decayed, unsafe or unsanitary
or which fails to provide the amenities essential to decent or safe
use or occupancy such that it is unfit for human use or occupancy
or is likely to cause sickness or disease, so as to cause injury to
the health, morals, safety or general welfare of those using or occupying
the building;
F.
Has light, air, electrical or sanitation facilities which are
inadequate to protect the health, morals, safety or general welfare
of persons who live or may live therein;
G.
Has inadequate facilities for egress in case of fire or panic
or insufficient stairways, elevators, fire escapes or other means
of communication;
H.
Has parts thereof which are so attached that they may fall and
injure members of the public or property;
I.
Because of its condition, is unsafe, unsanitary or dangerous
to persons who live or may live therein or to the health, morals,
safety or general welfare of the people of the Town of Highlands;
J.
Is open at the doorways or windows or walls, making it accessible
to and an object of attraction to minors under 18 years of age, as
well as to vagrants and other trespassers;
K.
Is or may become a place of rodent infestation;
L.
Consists of debris, rubble or parts of a building or structure
left on the ground after abandonment or demolition, reconstruction,
fire or other casualty; or
M.
Presents any other danger to the public health, safety or general
welfare.
When, in the opinion of the Building Inspector, any building located in the Town of Highlands shall be deemed to be dangerous or unsafe as to the public as defined in §
88-2, the Building Inspector shall make an inspection thereof and report, in writing, to the Town Board his finding and recommendations in regard to the building's removal or repair.
The Town Board shall thereupon consider said report, and, if it finds that such building is dangerous and unsafe to the public, it shall, by resolution, order its repair if the same can be safely repaired and secured and made to comply with Chapter
141, Property Maintenance, and, if not, order its demolition and removal, and shall further order that a hearing be held before the Town Board at a time and place therein specified and on at least five days' notice to the owner of the building and other persons having an interest therein to determine whether said order to repair or remove shall be affirmed or modified or vacated and, in the event of modification or affirmance, to assess all costs and expenses incurred by the Town in the repair or removal of such building against the land on which said building is located.
In addition to serving the notice as provided in §
88-5 above, the Town Board may, if it determines that the purposes of this chapter will be further effectuated, order that no person other than the owner or his agent shall enter upon the property and shall post on such property signs indicating "no trespassing." When such a determination is made, notice of such fact shall be included in the notice referred to in §
88-5 above. Anyone found trespassing in violation of this section shall be punished, upon conviction, by a fine not to exceed $250 and/or imprisonment not to exceed 15 days.
This notice shall contain the following statements:
A. The name of the owner or person in possession as appears from the
tax and deed records.
B. A brief description of the premises and its location.
C. A description of the building which is unsafe or dangerous and a
statement of the particulars in which it is unsafe or dangerous or
a copy of the Building Inspector's report.
D. An order requiring the same to be made safe and secure or to be removed.
E. That the repair and securing or removal of said building shall commence
within a specified number of days of the service of the notice, or
on a specified date, and shall be completed within a specified number
of days thereafter, or on a specified date.
F. The time and place of the hearing to be held before the Town Board,
at which hearing the owner or occupant or others having an interest
in the premises shall have the right to contest the order and findings
of the Town Board.
G. That in the event that such owner, occupant or other person having
an interest in said premises shall fail to contest such order or fail
to comply with the same, the Town Board will order the repair or removal
of such building by the Town, and the Town will assess all costs and
expenses incurred in such repair or removal against the land on which
such building is located.
H. That in any case where a building which is required to be made safe
and secure under this chapter is made safe by the boarding up thereof,
the material for such boarding shall be painted, as near as practicable,
the same color as the building.
I. That failure to commence the necessary repairs, improvements or demolition
within the time specified in the notice will constitute a violation
of the law, punishable, upon conviction, by a fine not to exceed $250
and/or imprisonment not to exceed 15 days.
The Town Board shall conduct the public hearing at the time
and place specified in the notice to repair or remove. It may adjourn
the hearing from time to time until interested parties are heard and
until the hearing is completed. At the conclusion of the hearing,
the Town Board shall determine by resolution to revoke the order to
repair or remove, modify said order or affirm said order to direct
the owner or other persons to complete the work within the time specified
in the order or such other time as shall be determined by the Town
Board.
Each violation of any provision of this chapter or any lawful
order hereunder shall be punishable, upon conviction, by a fine not
to exceed $250 and/or imprisonment not to exceed 15 days. Each week
the violation continues shall be deemed a separate and distinct violation.
All expenses incurred by the Town in connection with the proceedings
to repair and secure or demolish and remove the unsafe building, including
without limitation the cost of actually repairing and securing or
demolishing and removing such building, title search expenses, engineering
fees and attorney's fees, and a reasonable surcharge, not to
exceed 10% of the direct costs as compensation to the Town for administering,
supervising and handling said work, shall be assessed against the
land on which such building is located and shall be levied and collected
in the same manner as provided for the levy and collection of real
property taxes.
The Town Board, in its discretion, may elect to apply to the
Supreme Court of the State of New York for an order directing that
the building be repaired and secured or demolished and removed.
The Town Board may commence a special proceeding pursuant to
§ 78-b of the General Municipal Law to collect the cost
of demolition, including reasonable and necessary legal expenses.