[HISTORY: Adopted by the Town Board of the
Town of Fallsburg as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-18-1980 by L.L. No. 2-1980 (Ch. 33 of the 1971 Code)]
The purpose of this chapter is to provide for
the removal or repair of buildings in business, industrial and residential
sections that, from any cause, may now be or shall hereafter become
dangerous or unsafe to the public.
When in the opinion of the Code Enforcement
Officer, who is hereby designated as the Enforcement Officer of this
chapter, any building or structure located in the Town shall be deemed
to be dangerous or unsafe to the public, the Code Enforcement Officer
shall make a formal inspection thereof, and report in writing to the
Town Board his or her findings and recommendations in regard to the
building's or structure's removal or repair.
A.
The Town Board shall thereafter consider said report
and if it finds from said report that there is ground to believe that
such building or structure is dangerous or unsafe to the public, the
Town Board, by resolution, shall order its removal or repair, if the
same can be safely repaired, and further order that a notice shall
be personally served upon the owner or someone of the owner's executors,
legal representatives, agents, lessees or any other person having
a vested or contingent interest in the premises, as shown by the records
of the Town Tax Collector and/or by the records of the Sullivan County
Clerk's Office.
B.
If no such person can be reasonably found, then by
mailing a copy of such notice to such person or corporation by registered
mail, addressed to his or her last known address and by securely posting
a copy of such notice upon said premises.
A.
Contents of notice. The said notice shall contain
the following statements:
(1)
A description of the premises.
(2)
A statement of the particulars in which the building
or structure is unsafe or dangerous.
(3)
An order requiring the same to be made safe and secure
or removed.
(4)
That the securing or removal of the said building
or structure shall commence within 30 days of the service of the notice
and shall be completed within 60 days thereafter.
B.
Notice of hearing. Such notice shall further provide
that in case the owner and such persons having an interest in the
property or structure as herein prescribed wish to contest the order,
that a hearing will be held before the Town Board at a time and place
specified and that in the event such owner or persons having an interest
shall fail to contest such order and fail to comply with same, the
Town Board will order the repair or removal of such building or structure
by the Town and that the Town will assess all costs and expense incurred
by the Town in the removal of such building or structure against the
land on which such building or structure is located.
A.
A copy of the notice served in accordance with § 104-3 shall be filed in the Sullivan County Clerk's Office, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules, and shall have the same effect as a notice of pendency as therein provided.
B.
A notice so filed shall be effective for a period
of one year from the date of filing; provided, however, that it may
be vacated upon the order of a judge or justice of a court of record
or upon the consent of the Town Attorney.
C.
The Sullivan County Clerk shall mark such notice and
any record or docket thereof as cancelled of record upon the presentation
and filing of such consent or of a certified copy of such order.
A.
At the time and date specified in the notice to repair
or demolish, the Town Board shall conduct the public hearing. It may
adjourn from time to time until the hearing is completed and until
all interested parties are heard.
B.
At the conclusion of the hearing, the Town Board shall
determine to revoke the order to repair or remove; or continue said
order and direct the owner and other persons to complete the work
within a specified time which shall be reasonable as to the time needed
to perform the work and the necessity to protect the general public.
In the event the owner and persons in interest
shall fail to comply with the final order of the Town Board to make
such building safe and secure or removed, the Town Board shall order
such building or structure to be made safe and secure or removed and
assess all the costs and expense, including the cost of actually removing
such building or structure, against the land on which such building
or structure is located at the same time and in the same manner as
general Town taxes.
[Adopted as § 29.12 of the 1971 Code]
A.
Public nuisance. A building or structure or part thereof
which is an imminent danger to life and safety of the public as a
result of a fire or explosion is hereby declared to be a public nuisance.
B.
Emergencies. Whenever the Code Enforcement Officer
finds a building or structure, or part thereof, to be an imminent
danger to life and safety of the public as a result of a fire or explosion,
the Code Enforcement Officer may cause it to be demolished and removed
or may cause work to be done in and about the building or structure
as may be necessary to remove the danger.
C.
Vacating premises.
(1)
The Code Enforcement Officer may require the occupants
of any such building or structure, or part thereof, to vacate the
premises forthwith. No person shall use or occupy such building or
structure, or part thereof, until it is made safe.
(2)
Except for the owner, no person shall enter premises
which have been ordered vacated unless authorized to perform inspections,
repairs, or to demolish and remove such building or structure, or
part thereof.
D.
Assessment of costs and expenses. All costs and expenses
incurred by the Town of Fallsburg in connection with any work done
to remove the danger, or in connection with the demolition and removal
of any such building or structure, shall be assessed against the land
on which such building or structure is located, and a bill for such
expenses shall be presented to the owner of the property, or if the
owner cannot be ascertained, then such bill shall be posted in a conspicuous
place on the premises. Such assessment shall be and constitute a lien
upon such land. If the owner shall fail to pay for such expenses within
10 days after the bill is presented or posted, a legal action may
be brought to collect such assessment or to foreclose such lien. As
an alternative to the maintenance of any such action, the Code Enforcement
Officer may file a certificate of the actual expenses incurred as
aforesaid, together with a statement identifying the property in connection
with which the expenses were incurred, and the owner thereof, with
the Assessor, who shall, in the preparation of the next assessment
roll, assess such amount upon such property. Such amount shall be
included in the levy against such property, shall constitute a lien
and shall be collected and enforced in the same manner, by the same
proceedings, at the same time, and under the same penalties, as is
provided by law for the collection and enforcement of real property
taxes in the Town of Fallsburg.
