[HISTORY: Adopted by the Town Board of the
Town of Tuxedo 7-11-1979 as L.L. No. 5-1979. Amendments noted where
applicable.]
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.
A.
The Town Board shall thereafter consider the report
of the Building Inspector and, if in its opinion the report so warrants,
shall determine by resolution that the building or structure is unsafe
and dangerous and order its removal or repair, if the same can be
safely repaired, and further order that a notice shall be given to
interested persons or corporations in the manner as hereinafter provided.
B.
The notice shall contain the following:
(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 buildings or structures
shall commence within 30 days of the serving of the notice, as hereinafter
provided, and shall be completed within 60 days thereafter.
(5)
That, in the event of neglect or refusal of the persons
and/or corporations served with the notice to comply with the same,
a survey of the premises will be made by an inspector and architect
or engineer to be named by the Town Board and a practical builder,
engineer or architect appointed by said persons or corporations so
notified.
(6)
That, in the event of the refusal or neglect of the
persons or corporations so notified to appoint a surveyor, the two
surveyors named by the Town Board shall make the survey and report.
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.
A.
In case there shall be, in the opinion of the Building
Inspector, actual and immediate danger of the falling of a building
or structure so as to endanger public safety, life or property or
actual or immediate menace to health or public welfare as a result
of the conditions present in or about a building or structure, he
shall cause the necessary work to be done to render such building
or structure temporarily safe, whether the procedure prescribed in
this chapter for unsafe or dangerous buildings or structures has been
instituted or not.
B.
When emergency work is to be performed under this
section, the Building Inspector shall cause the owner thereof to be
served personally or by registered mail, return receipt requested,
and, if served by registered mail, shall post on the premises a notice
to comply containing a description of the premises, a statement of
the facts in which the structure is unsafe or dangerous and orders
and directions to correct the conditions which constitute an emergency
within a specified period not to exceed three days from actual or
constructive receipt of the notice.
C.
In the event that the emergency does not permit any
delay in correction, the notice shall state that the Town has corrected
the emergency condition.
D.
In both cases, the notice shall state that the corrective
costs of the emergency will be assessed against the owner pursuant
to the provisions of this chapter.
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.
A.
Upon notification that the owner of the unsafe building
or structure has failed or refused to repair the unsafe building or
structure within the time specified in the final order, the Building
Inspector shall report same to the Town Board. The Town Board may
direct that the Town shall cause the repair or removal of the unsafe
building. After the work has been completed, the Building Inspector
shall file with the Town Board a verified statement of all the direct
costs of same, together with a charge of 50% in addition thereto as
compensation to the Town for administering, supervising and handling
said work.
B.
Upon receipt of the verified statement, the Town Board
shall direct that the amount thereof, including the charges added
thereto, shall constitute a lien against the premises and direct that
the same shall be added to the next assessment roll of general Town
taxes and shall be collected and enforced in the same manner, by the
same proceedings, at the same time and under the same penalties as
the general Town tax and as a part thereof. In addition thereto, interest
shall run thereon from the date of filing the verified statement to
the date of actual payment at 7 1/2% per annum.
C.
Notwithstanding any provision herein to the contrary,
the Town may, at its election, institute suit against the owner of
the premises for the direct costs, together with a charge of 50% in
addition thereto as compensation to the Town for administering, supervising
and handling said work, and enter judgment thereon against the owner
personally for the aforesaid amount. The imposition and collection
of any fine or penalty hereinafter prescribed shall not bar the right
of the Town to collect the costs of the removal or repair of any unsafe
building or structure as herein prescribed.
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.
