[HISTORY: Adopted by the Town Board of the Town of Coxsackie 8-9-1994 by L.L. No.
1-1994. Amendments noted where applicable.]
Unsafe buildings and structures pose a threat to life and property
in the Town of Coxsackie. Buildings and structures may become unsafe
by reason of damage by fire, the elements, age, excessive accumulation
of refuse 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 or vermin infestation, thereby
creating a health menace to the community. It is the purpose of this
chapter to provide for the safety, health, protection and general
welfare of persons and property in the Town of Coxsackie by requiring
such unsafe buildings and structures be repaired or demolished and
removed.
This chapter is enacted pursuant to Articles 2 and 3 of Municipal
Home Rule Law and § 130, Subdivision 16, of the Town Law
and General Municipal Law § 78-b.
This chapter shall be known as the "Unsafe Structure Law" of
the Town of Coxsackie.
No person, firm, corporation, association or other entity owning,
possessing or controlling a building or structure in the Town of Coxsackie
shall permit or suffer said building or structure now or hereafter
to be or become dangerous or unsafe to the public and/or the occupants
of said structure or building from any cause whatsoever.
As used in this chapter, the following terms shall have the
meanings indicated:
Any structure having a roof supported by columns or walls
and intended for the shelter or enclosure of persons, animals or property.
The Code Enforcement Officer of the Town of Coxsackie or
such other person appointed by the Town Board to enforce the provisions
of this chapter or of the Building and Construction Code[1] of the Town.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something located on the ground
except a wall or fence.
The Building Inspector, when in his own opinion or upon receipt
of information that a building or structure is or may become dangerous
or unsafe to the general public, is open at the doorways and windows
making it accessible to and an object of attraction to minors as well
as to vagrants or other trespassers, is or may become a place of rodent
or vermin infestation, presents any other danger to the health, safety,
morals and general welfare of the public or is unfit for the purposes
for which it may lawfully be used, shall make or cause to be made
an inspection thereof and report in writing to the Town Board his
findings and recommendations in regard to its repair or 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 or its demolition and removal, and further
order that a notice be served upon the persons and in the manner provided
herein.
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building is unsafe or
dangerous.
C.
An order outlining the manner in which the building is to be made
safe or secure, or demolished and removed.
D.
A statement that the securing or removal of such building shall commence
within 20 days of the service of the notice and shall be completed
within 60 days of the commencement of repair or demolition, unless
for good cause shown such time shall be extended by the Town Board.
E.
A date, time and place for a hearing before the Town Board in relation
to such dangerous or unsafe building or structure, 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 the building or structure,
the Town Board is authorized to provide for its demolition and removal
and to assess all expenses thereof against the owner which could be
accomplished by:
(1)
The institution of a special proceeding to collect the costs (including
but not limited to actual legal, engineering and demolition costs
incurred by the Town); or
(2)
Assessing said costs against the land and/or improvements being taxed
on the particular tax parcel on which the buildings or structures
are located.
G.
In addition to any other remedies, the owner could be liable for
a fine of $250 for each week that the owner remains in violation of
this chapter.
A.
Said notice shall be served by:
(1)
Mailing by certified mail, return receipt, a copy thereof upon the
owner, executor, administrator, agent, lessee or any person having
a vested interest or contingent interest in such unsafe building or
structure as shown by the records of the Town Tax Collector or of
the County Clerk to such address as shown by the above records. If
the mailing is returned as undeliverable, then the notice shall be
published once a week for two weeks in a newspaper of general circulation
within Greene County;
(2)
Personal service of a copy of such notice upon any adult person residing
in or occupying such premises if such person can be reasonably found;
(3)
Securely affixing a copy of such notice upon the unsafe building
or structure.
A copy of the notice served as provided herein shall be filed
in the Office of the Greene County Clerk and indexed in the same manner
as a notice of pendency.
In the event of the refusal or failure of the person(s) or entities
so notified to comply with said order of the Town Board after the
hearing, the Town Board shall provide for the securing or the demolition
and removal of such building or structure either by Town employees
or by contract. Except in the emergency cases, as hereinafter provided,
any contract for the securing or the demolition and removal of a building
or structure shall be awarded through competitive bidding if required
by state law.
A.
All costs incurred by the Town in enforcing this chapter shall be
recoverable from the owner of the premises deemed unsafe or dangerous
hereunder. Such costs hereunder shall include but not be limited to
the following:
(1)
Actual attorney fees and disbursements for services rendered with
or without the commencement of litigation.
(2)
Actual engineering fees and disbursements, including the costs of
the Town's Building Inspector.
(3)
Actual costs of securing, demolishing, removing or repairing the
building or structure deemed dangerous or unsafe.
(4)
Costs of serving and/or publishing notices.
(5)
Costs of title and tax searches.
B.
The costs incurred in enforcing this chapter shall be added to the
next assessment roll for Town taxes against the tax parcel(s) which
include the unsafe or dangerous building or structure involved and
shall be collected and enforced in the same manner as other taxes
for the parcel(s).
C.
In addition to any other remedies herein, the Town may commence a
special proceeding under Article 4 of the Civil Practice Law and Rules
in a court of competent jurisdiction to collect the costs incurred
by the Town in enforcing this chapter. Should the Town recover and
be paid said costs through such a proceeding (and after costs have
been added to the assessment rolls), the assessment roll and tax records
shall be adjusted accordingly to properly credit amounts so paid and
recovered.
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 structure is immediately repaired and
secured or demolished, the Town Board may by resolution authorize
the Building Inspector or other Town agents to immediately cause the
repair or demolition and removal of such unsafe building or structure.
The expenses of such securing, repair or demolition and removal shall
be recovered as provided herein.
Any person upon whom a notice as provided in this chapter has
been served who fails, neglects or refuses to place such unsafe or
dangerous building or structure in a safe or secure 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 Town or its agents 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
$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. Any fines imposed hereunder shall
be in addition to any costs otherwise incurred by the Town in enforcing
this chapter.
