[HISTORY: Adopted by the Town Board of the
Town of Wawayanda 5-9-1996 by L.L. No. 3-1996.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 54.
Numbering of buildings — See Ch. 58.
Electrical standards and inspections — See Ch. 82.
Heating equipment — See Ch. 100.
[1]
Editor's Note: This local law repealed former
Ch. 60, Buildings, Unsafe, adopted 6-18-1969.
A.
Unsafe buildings pose a threat to life and property
in the Town of Wawayanda. 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,
thereby creating a health menace to the community. Vacant parcels
or the property on which improvements may exist may constitute a serious
and growing menace and may be injurious or detrimental to the public
safety, health and welfare. It is the purpose of this chapter to provide
for the safety, health, protection and general welfare of the persons
and property in the Town of Wawayanda by requiring that such unsafe
buildings and dangerous properties be repaired, secured, for safety
purposes or demolished and removed.
B.
Declaration as public nuisances. All dangerous properties,
within the terms of this chapter, are hereby declared to be public
nuisances and shall be repaired, cured, cleared, cleaned, vacated
or demolished as hereinafter provided.
As used in this chapter, the following terms
shall have the meanings indicated:
Any building, structure or portion thereof used for residential,
business, agriculture or industrial purposes whether vacant or occupied.
The Building Inspector/Code Enforcement Officer/Fire Inspector
of the Town of Wawayanda or such other person appointed by the Town
Board to enforce the provisions of this chapter.
Properties which have become or are so dilapidated, decayed,
unsafe or unsanitary or a fire hazard or likely to cause injury, sickness
or disease and, therefore, are deemed to be a danger to the health,
safety or general welfare of those residing in or upon the property
or adjacent to same or to the citizens of the Town of Wawayanda at
large. "Dangerous properties" are further defined as properties which,
because of their condition, are unsafe, unsanitary or dangerous to
the health, safety or general welfare of the people of the Town of
Wawayanda. Dangerous property shall also be those properties which
are in violation of any provision of the Building Code of the Town
of Wawayanda or the State of New York or any provision of the Uniform
Fire Prevention and Building Code or other appropriate laws of the
Town of Wawayanda or State of New York. Dangerous properties may include
the whole or a portion of any real property described in a deed recorded
in the office of the Clerk of Orange County, New York, or on the tax
rolls and Tax Map of the Town of Wawayanda, Orange County, New York.
Dangerous properties may be improved or unimproved real property containing
buildings and/or vacant land.
The Town of Wawayanda.
The Town Board of the Town of Wawayanda.
A.
Building Inspector. The Building Inspector shall make
a report, in writing, to the Town Board upon his or her observation
of all properties which are, may be or are suspected to be dangerous
properties within the terms of this chapter. Such reports must be
delivered to the Town Supervisor within 72 hours upon such request
or observation.
B.
Investigation and report by the Building Inspector.
When in his or her opinion or upon receipt of information that a building
is or may become dangerous or unsafe to the general public; is open
at the doorways or windows or otherwise, making it accessible to and
an object of attraction to minors under 18 years of age as well as
to vagrants and other trespassers; is or may become a place or rodent
infestation; presents any other danger to the health, safety and general
welfare of the public; or is unfit for the purposes for which it may
lawfully be used, the Building Inspector shall cause or make an inspection
thereof and report, in writing, to the Town Board his findings and
recommendations in regard to its being repaired, secured for safety
purposes or its demolition and removal.
The Town Board shall thereafter consider such report and, by resolution, determine, if in its opinion, the report so warrants, that such building is unsafe and dangerous and order its repair if the same can be safely repaired, its securing for safety purposes or its demolition and removal and further order that a notice be served upon the persons designated in § 60-6 of this chapter and in the manner provided therein.
This notice shall contain the following:
A.
A description of the premise, including the section,
block and lot number.
B.
A statement of the particulars in which the building
or property is unsafe or dangerous.
C.
A statement outlining the manner in which the building
or property is to be made safe and secure or demolished and removed.
D.
An order that the securing or removal of the such
building or condition (nuisance) shall commence within 30 days of
the service of the notice and shall be completed within 60 days thereafter,
unless for good cause shown such time shall be extended.
E.
A date, time and place for a hearing before the Town
Board in relation to such dangerous or unsafe building which hearing
shall be scheduled not less than five business days from the date
of service of the notice.
F.
A statement that, in the event of neglect or refusal
to comply with the order to secure or demolish and remove or correct
such condition (nuisance), the Town Board is authorized to provide
for its repair, securing or its demolition and removal as the case
may be; to assess all expenses thereof against the land on which it
is located; and to institute a special proceeding to collect the cost
of demolition or repair, including legal and engineering expenses.
The notice required under this chapter shall
be served by personal service or a copy thereof upon the owner, executor,
administrator, agent, lessee or any person having a vested or contingent
interest in such unsafe building or property as shown on the records
of the Assessor of the Town or of the County Clerk. If no such person
can be reasonably found, service shall be made by mailing to such
owner, by certified mail, return receipt requested, a copy of such
notice directed to his or her last known address as shown on the assessment
rolls of the Town of Wawayanda and by personal service of a copy of
such notice upon any person residing in or occupying said premises
if such person can reasonably be found and by securely affixing a
copy of such notice upon the unsafe building or property. Affidavits
of service of the notice shall be filed with the Town Clerk of the
Town of Wawayanda at the hearing.
A copy of the notice served as provided herein
shall be filed in the office of the Clerk of the County of Orange
and with the Town Clerk of the Town of Wawayanda.
In the event of the refusal or neglect of the
person so notified to comply with said order of the Town Board and
after the hearing, the Town Board shall provide for the repair, securing
or demolition and removal, as the case may be, of such building or
property either by Town employees or by contract. Except in emergency
cases as provided for herein, any contract for repair, securing or
demolition and removal, as the case may be, shall be awarded in accordance
with the provisions of the General Municipal Law of the State of New
York.
All expenses incurred by the Town in connection
with the proceedings to repair and secure or demolish and remove the
unsafe building or property, including the cost of actually removing
such building or correcting such condition or nuisance or repairing
the same, shall be assessed against the land on which such building
or condition or nuisance is located and shall be levied and collected
in the same manner as provided for in the Town Law for the levy and
collection of a special ad valorem levy.
Where it reasonably appears that there is present
a clear and imminent danger to the life, safety or health of any person
or property, unless an unsafe building or condition or nuisance is
immediately repaired and secured or demolished, the Town Board may,
by resolution, authorize the Building Inspector to immediately cause
the repair, securing or demolition of such unsafe building or correction
of such condition (nuisance). The expenses of such repair, securing
or demolition or correction of such condition (nuisance) shall be
a charge against the land on which it is located and shall be assessed,
levied and collected as provided for under the Town Law for levy and
collection of a special ad valorem levy.
No officer, agent or employee of the Town shall
render himself personally liable for any damage that may accrue to
persons or property as a result of any act required or permitted in
the discharge of his or her duties under this chapter. Any suit brought
against any officer, agent or employee of the Town as a result of
any act required or permitted in the discharge of his duties under
this chapter shall be defended by the Town Attorney or other designated
counsel until the final determination of the proceedings therein.
