[HISTORY: Adopted by the Town Board of the Town of Warrensburg 5-25-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 145.
Zoning — See Ch. 211.
As used in this chapter, the following terms shall have the meanings indicated:
DANGEROUS OR UNSAFE BUILDINGS
[Added 7-10-1996 by L.L. No. 1-1996]
All buildings or structures which have any or all of the following defects shall be deemed "dangerous or unsafe 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 1/3 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 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.
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 are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein.
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 live 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 communication.
H. 
Those which have parts thereof which are so attached that they may fall and injure members of the public or 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 the town.
J. 
Those buildings existing in violation of any provision of Chapter 90, Building Construction and Fire Prevention, or any other provisions of the Code of the town.
OWNER
Includes an individual, society, club, firm, partnership, corporation, legal representative or association or persons, and the singular number shall include the plural number.
Whenever it shall be determined by the Town Board of the Town of Warrensburg that any building in business, industrial or residential areas of the Town of Warrensburg from any cause may now be or shall hereafter become dangerous or unsafe to the public, the Town Board shall forthwith require the removal or repair of such building or buildings in the following manner:
A. 
The Town Board shall appoint an official to inspect the building and make a written report to the Town Board of the condition of the building and whether the building can be repaired and put in safe condition.
B. 
Upon filing of this report of the inspection of the building, the Town Board shall cause notice to be served on the owner or someone of the owner's executors, legal representative, agents, lessees or any other person having a vested or contingent interest in the building, either personally or by registered mail addressed to the last known owner's address, if any, or address of legal representatives, agents, lessees or other persons having vested or contingent interest in the building, as shown by the records of the receiver of taxes and/or in the office of the County Clerk, containing a description of the premises, 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; and if such service is made by registered mail, for a copy of such notice to be posted on the premises.
[Amended 12-18-1985]
C. 
Within 10 days from the date of mailing of said notice of unsafe building, the owner shall commence the securing or removal of the building and shall complete the securing of said building within a reasonable time thereafter.
D. 
Within five days from the date of mailing of said notice, or within five days from the date of personal service of said notice, the town shall file a copy of said notice in the office of the Clerk of the County of Warren, 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.
E. 
The notice to repair or demolish the building or structure served on the owner as provided herein shall contain a notice of a hearing before the Town Board at a date and time specified in said notice at which the owner or someone of the owner's agents, legal representative or lessees shall appear before the Town Board. After the hearing by the Town Board, as provided in the notice to repair or remove the buildings or structure, the Town Board shall make a determination as to whether the owner has commenced the repair or removal of said buildings or structures. In the event that the owner has failed or refuses to commence the repair or removal of the buildings or structures, the Town Board shall make and serve a final order on the owner, setting a time within which the owner of the buildings or structures shall complete the repair or removal of the buildings or structures as required by such final notice and for the removal of said buildings or structures by the town in the event such owner fails or refuses to repair or remove the same within the time ordered by the Town Board.
F. 
All costs and expenses incurred, in addition to a ten-percent surcharge, by the town in connection with the proceedings to remove or secure the building or structure, including the cost of actually removing said building or structures, shall be assessed against the land on which the building or structures are located and shall thereupon become a lien against the property and be collected in the same manner as taxes levied thereon.
[Amended 7-10-1996 by L.L. No. 1-1996]
[Added 7-10-1996 by L.L. No. 1-1996]
Any violation of any of the provisions of this chapter shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment. Each days' continued violation shall constitute a separate offense.