[HISTORY: Adopted by the Town Board of the Town of Stockport 5-5-1980 by L.L. No. 1-1980; amended in its entirety 5-5-1993 by L.L. No. 1-1993. Subsequent amendments noted where applicable.]
[Added 8-5-1998 by L.L. No. 1-1998]
As used in this chapter, the following terms shall have the meanings indicated:
- 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 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 57, Building Construction and Fire Prevention, or any other provisions of the Code of the Town.
The Building Inspector of the Town of Stockport shall be charged with the responsibility of carrying out the obligations and duties set forth in this chapter.
No person, firm, corporation or association who or which is the owner of a building in the Town of Stockport shall cause, suffer, allow or permit said building to become dangerous or unsafe to the public. In the event that any building is now or hereafter becomes dangerous or unsafe to the public from any cause whatsoever, said owner shall repair or remove said building. In the event of the failure of the owner of any building to repair or remove the same, the Building Inspector of the Town of Stockport shall make a complete inspection of the condition of said building. Notice shall thereafter be served, by certified mail, on the owner or some one of the owners, executors, legal representatives, agents, lessees or any other persons having a vested or contingent interest in said building. Said notice shall contain a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring said building or structure to be made safe and secure or removed. Said notice shall also provide for the time within which the person served with said notice shall commence and complete the securing or removal of the building or structures. In the event of the neglect or refusal of the person so served with said notice to commence or complete repair or removal within the allotted time, the Town of Stockport Town Board, after a hearing as provided for in § 61-4 hereof, may cause the repair or removal of such building or structure. The aforementioned notice may advise of the date(s) set for the hearing by the Town Board.
Prior to the repair or removal of such building or structure by the Town or the assessment of costs incurred by the Town against the land on which the building or structure is located in accordance with § 61-5 herein below, the Town Board of the Town of Stockport shall conduct a hearing to provide an opportunity to the owner of such building or structure to present any and all relevant evidence. Notice of such hearing, unless contained in the notice provided for in § 61-3, shall be served in the same manner as the notice provided for in § 61-3 herein above.
[Amended 8-5-1998 by L.L. No. 1-1998]
All costs and expenses, including a surcharge of 10% and legal expenses, incurred by the Town in connection with any and all of the above proceedings to remove or secure, including the cost of actually removing said building or structure or securing the same, shall be assessed against the land on which the building or structure is located.
If such owner or person serviced by mail, as hereinabove provided, shall fail to pay the costs and expenses incurred by the Town within 10 days after being notified of the costs thereof by registered mail, the Town Clerk shall file, immediately preceding the time for making the annual assessment roll, a certificate of such actual cost and expense with a statement as to the property upon which such cost and expense were incurred and the buildings or other obstructions removed, as the case may be, with the Assessor of the Town, who shall, in the preparation of the next assessment roll of the general Town taxes, assess such amount upon such property; and the same shall be levied, collected and enforced in the same manner, by the same proceedings, at the same time, under the same penalties and shall have the same lien upon the property assessed as the general Town tax and as a part thereof.
The Building Inspector shall file a copy of the notice referred to in § 61-3 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 the notice of pendency as therein provided, except as otherwise herein provided in this section. 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. The Clerk of Columbia County shall mark such notice in any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
[Added 8-5-1998 by L.L. No. 1-1998]
Any person or persons who shall violate any provisions of this chapter shall be guilty of an offense punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days, or both. Each day's continued violation shall constitute a separate offense.