This chapter shall be called the "Unsafe Buildings
Law."
The purpose of this chapter is to promote and
preserve the health, welfare and property of residents of and owners
of property located within this Town by providing a method for the
removal or repair of buildings and structures within the limits of
this Town that, from any cause, may now be or shall hereafter become
dangerous or unsafe to the public.
No person, firm, corporation or association
owning, possessing or controlling a building or structure in this
Town shall permit, suffer or allow said building now or hereafter
to be or become dangerous or unsafe to the public from any cause whatsoever.
All buildings and structures which have any
or all of the following defects shall be deemed unsafe or dangerous
within the meaning of this chapter:
A. Those whose interior 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 the middle third of its
base.
B. Those which, exclusive of the foundation, show 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. 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 this
Town.
E. Those which have become or are so dilapidated, decayed,
unsafe or 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 this Town.
The Building Inspector shall be the enforcement
officer of this chapter and shall make inspections of all unsafe buildings
and structures within the Town. The Building Inspector shall report
to the Town Board all unsafe buildings and structures which from time
to time may be found within the limits of the Town. When it is reported
to the Town Board that a building or structure is in an unsafe or
dangerous condition, the Town Board shall direct the Building Inspector
to inspect the same and to report the condition of the same and his
finding to the Town Board with all convenient speed.
Said notice shall be served in the following
manner:
A. By personal service of a copy thereof upon the owner
or some one of the owners, executors, legal representatives, agents,
lessees or any other person having a vested or contingent interest
in the premises as shown by the last preceding completed assessment
roll of the Town, such service to be complete and the thirty-day time
period recited in said notice to commence upon filing of an affidavit
of personal service upon the owner with the Town Clerk; or
B. By mailing a copy of said notice to such owner as
aforesaid, by certified mail, return receipt requested, addressed
to the last known address of the owner and by affixing a copy of said
notice to the premises, such service to be complete and the thirty-day
time period recited in said notice to commence 10 days after the filing
of the return receipt and the affidavit of posting with the Town Clerk;
and
C. By personal service of a copy of said notice upon
any adult residing in or occupying said premises or, if no such person
can be reasonably found, by posting a copy of said notice upon the
premises.
In the event of neglect or refusal of the persons
so notified to comply with said order of the Town Board, a survey
of said premises shall be made in the following manner:
A. The Town Board shall appoint an inspector and architect
or engineer, and the persons so notified shall appoint a practical
builder, engineer or architect who shall make said survey and submit
a written report thereon in regard to the unsafe or dangerous condition
of said building or structure. If the persons so notified shall refuse
or neglect to appoint a surveyor within 40 days after service of the
notice the two surveyors appointed by the Town Board shall proceed
and report.
B. A signed copy of such report shall be posted on the
structure.
In the event that the building or other structure
shall be reported unsafe or dangerous under such survey, the Town
Board may pass a resolution directing the Supervisor to make an application
to the Supreme Court for an order determining the building or other
structure to be a public nuisance and directing that it shall be repaired
and secured or taken down and removed.
The surveyors shall be paid reasonable compensation
for the service performed by them in making their survey and in preparing
the report thereof.
All costs and expenses incurred by the Town
in connection with the proceedings to remove or secure, including
the cost of actually removing said building or structure, shall be
assessed against the land on which said buildings or structures are
located.
Pursuant to the authority and powers granted
in the Municipal Home Rule Law, particularly § 10 thereof,
the following alternate or additional procedures may be followed:
A. Upon the making of a survey report by the Building
Inspector that the building or structure is reported unsafe or dangerous
to the public, the Town Board may direct the Building Inspector to
serve a notice upon the owner, and all other persons having an interest
in such property or structure, either personally or by registered
mail, addressed to his last known address as shown by the records
of the Town Assessor 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 of the
Building Inspector requiring same to be repaired or removed and, if
such service is made by registered mail, the posting of such notice
on the premises.
B. Such owner so served shall commence the repair or
removal of such building or structure within 30 days after service
of such notice.
C. A hearing shall be held before the Building Inspector
at a time and place specified in the notice to repair or demolish
not sooner than two weeks nor later than the date given to commence
repair or removal, if the owner requests same at least one week before
the scheduled date for the hearing. If no hearing is requested, the
order so served shall take effect as provided in the notice.
D. At the hearing, the owner, the Town and any other
interested parties may present witnesses and any other proof relating
to the matters, and all parties may appear in person or with their
attorneys.
E. At the conclusion of the hearing, the Building Inspector
shall make a determination in writing, and a copy of same shall be
served either personally or by registered mail on all parties who
appeared thereon.
F. The determination shall state whether the original
survey report is sustained, modified or reversed. If reversed, no
further proceeding shall be had.
G. If the original survey is sustained, in whole or in
part, the Building Inspector shall also include an order directing
the owner to proceed in accordance therewith and shall further specify
that unless the work is commenced within 10 days after service and
completed within a reasonable time thereafter, which the Building
Inspector shall designate, the penalties hereinafter provided shall
be invoked.
The failure of the owner to complete the repairs
or to remove the unsafe building or structure as specified in the
final notice of the Building Inspector shall subject the owner to
the same procedure and penalties as herein set forth.
The transfer of title by the owner of premises
upon which an unsafe building or structure is located shall be no
defense to any proceedings under this chapter.
[Amended 10-10-1979 by L.L. No. 7-1979]
Any person upon whom a notice as provided in
this chapter has been served who fails, neglects or refuses to place
such unsafe building or structure in a safe condition as designated
in such notice, or who shall commit an offense against any of the
provisions of this chapter or orders given pursuant thereto, or who
shall resist or obstruct the Building Inspector in carrying out the
provisions of this chapter, shall, upon conviction, be guilty of a
violation pursuant to the Penal Law of the State of New York, punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or by both such fine and imprisonment. Each week in which
such offense continues shall constitute a separate violation.