Unsafe buildings pose a threat to life and property in the Village
of Kinderhook. 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 and/or constitute
a fire hazard, thereby creating a 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 Village of Kinderhook
by requiring such unsafe buildings to be repaired or demolished and
removed.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any building, structure, or portion thereof.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Village of Kinderhook
or such other person appointed by the Village Board to enforce the
provisions of this chapter.
DANGEROUS OR UNSAFE BUILDINGS
All buildings or structures which have any or all of the
following defects shall be deemed dangerous buildings:
A.
Those whose exterior 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 or deterioration of the supporting member or members or 50%
of damage or deterioration of the nonsupporting enclosing or outside
walls or covering.
C.
Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
D.
Those which have been damaged by fire, wind, water 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 Village.
E.
Those which have become or are so dilapidated, decayed, unsafe,
unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation or use or
are likely to cause sickness or disease, so as to work injury to the
health, morals, safety or general welfare of those living in or occupying
said building or structure or to the people of the Village.
F.
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.
G.
Those which have parts thereof in such condition or parts thereof
which are so attached that they may collapse or fall and injure members
of the public or property.
H.
Those which, because of their condition, are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the
people of the Village.
UNINHABITABLE
Unfit for human habitation or likely to cause sickness or
disease or likely to constitute an unreasonable danger to the public.
All unsafe buildings within the terms of §
44-2 of this chapter are hereby declared to be public nuisances and illegal and shall be abated by repair and rehabilitation or by demolition and removal in accordance with this chapter.
The Code Enforcement Officer shall file with the Village Clerk
a report, in writing, setting forth the condition of any building
or structure inspected by the Officer. The report shall specify the
date of the inspection, the condition which the Code Enforcement Officer
believes to be dangerous or unsafe, if any, and the Officer's opinion
as to the cause of such condition and the Officer's recommendation
for the correction of such condition. Such report shall be filed as
soon as practicable after the date of such inspection. The Village
Clerk shall forthwith transmit a copy of such report to each member
of the Village Board.
Whenever the Code Enforcement Officer files a report with the Village Clerk, as directed in §
44-5, alleging that a building or structure is dangerous or unsafe to its occupants or to the public, the Village Board shall order a notice to be served on the owner or one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, either personally or by registered or certified mail, addressed to the last known address, if any, of such person, as shown by the records of the Tax Collector of the Village, or in the office of the Columbia County Clerk or Real Property Tax Service Agency, or to any more appropriate address of which it shall have knowledge. If such service is by mail, a copy of said notice shall be posted on the premises. Such notice shall contain the following:
A. A description
of the premises sufficient to identify its location.
B. A statement
of the particular manner in which the building or structure is dangerous
or unsafe.
C. An order
requiring same to be made safe and secure or demolished and removed.
D. A statement
that the repair, demolition and removal, or securing of the building
or structure is to commence within 30 days of the service or mailing
of the notice and be completed within 60 days of the service or mailing
of the notice, unless, for good cause shown, such time shall be extended
by resolution of the Village Board.
E. A date, time and place for a hearing before the Village Board in accordance with §
44-7 in relation to such dangerous or unsafe building or structure, such hearing to take place not less than 10 business days after the date of the service of the notice.
F. A statement
that, in the event of neglect or refusal to comply with the order
to repair, demolish and remove, or secure the building or structure,
the Village Board is authorized to effect such repair, destruction
and removal, or securing of the building or structure, to assess all
costs and expenses thereof incurred by the Village Board against the
land upon which the building or structure is located, and to institute
an action at law to collect the costs and expenses of repair, destruction
and removal, or securing, including a surcharge of 10% and legal expenses.
A copy of such notice shall be filed in the office of the Columbia
County Clerk, 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, except as otherwise provided in this
chapter. 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
consent of the Village Attorney. The Columbia County Clerk shall mark
such notice and any record or docket thereof as canceled of record
upon the presentation of filing of such consent or the certified copy
of such order.
The hearing set forth in the notice shall be held at a meeting of the Village Board. At said hearing, the person served with the notice as provided by §
44-5 of this chapter may present evidence and testimony in opposition to the claim that the building or structure is dangerous or unsafe. If the Village Board, after such hearing, still finds that the building or structure is dangerous or unsafe and if the person served still neglects or refuses to comply with the order as required by this chapter, the Village Board shall provide for making such building or structure secure or for its repair or demolition and removal. All costs and expenses incurred by the Village or the Village Board in connection therewith shall be assessed against the land upon which such building or structure is located.
If the notice required by §
44-6 of this chapter shall have been given by mail, the Code Enforcement Officer shall, and in all other instances may, place an additional notice on the subject building or structure reading as follows: "This building has been found to be a dangerous building by the Village of Kinderhook Code Enforcement Officer. This notice shall remain on this building until it is secured, repaired or demolished. It is unlawful to remove this notice except at the direction of the Village of Kinderhook Code Enforcement Officer."
In cases where it reasonably appears that there is a clear and present danger to the life, health or safety of any person or to the public unless a dangerous or unsafe building is immediately repaired or demolished and removed, the Village Board may authorize the Code Enforcement Officer to cause its immediate repair or demolition and removal or that it be otherwise secured. The cost therefor shall be charged against the land upon which such building is located and shall be assessed, levied and collected as hereinafter provided in §
44-11.
All expenses incurred by the Village in causing any building
or structure, or any portion thereof, to be secured, repaired, or
demolished, including the cost of actually removing said building
or structure and/or the debris therefrom, shall be assessed against
the land upon which such building or structure is or was located and
also may be recovered in an action at law.
The Village 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 Village Board may commence a special proceeding pursuant
to § 78-b of the General Municipal Law to collect the costs
of demolition, including reasonable and necessary legal expenses.