[HISTORY: Adopted by the Board of Trustees of the Village
of Coxsackie 9-24-2009 by L.L. No. 2-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 66.
Property maintenance — See Ch. 106.
[1]
Editor's Note: This local law also repealed former Ch.
43, Unsafe Buildings, adopted 5-20-1970 by L.L. No. 1-1970, as amended.
The purpose of this chapter is to promote and preserve the health,
welfare and property of residents and owners of property located within
the Village of Coxsackie by providing a method for the removal or
repair of buildings within the limits of said Village that, from any
cause, may now be or shall hereafter become dangerous or unsafe to
the public.
A.
All buildings or structures which are structurally unsafe, unsanitary
or not provided with adequate egress, or which constitute a fire hazard
or are otherwise dangerous to human life, or which in relation to
existing use constitute a hazard to safety or health by reason of
inadequate maintenance, dilapidation, obsolescence or abandonment
are, severally, for the purpose of this section, unsafe buildings.
All unsafe buildings are hereby declared to be illegal and shall be
abated by repair and rehabilitation or by demolition in accordance
with the procedure in this section.
B.
The Building Inspector shall examine or cause to be examined every
building reported as unsafe or damaged and shall make a written record
of such examination.
C.
Whenever the Building Inspector shall find any building or structure,
or portion thereof, to be an unsafe building, he shall either personally
deliver or send by certified mail to the owner, agent or person in
control of the building or structure written notice stating the defects
thereof, which notice shall thereafter be posted on the premises.
The notice shall require the owner within a stated time either to
complete specified repairs or improvement or to demolish and remove
the building or structure or a portion thereof. The notice shall further
state that upon failure of the owner, agent, or person in control
of the building to repair or demolish the building within the time
specified, a hearing will be held before the Village Board at a time
and place specified in the notice. The notice shall further contain
a statement to the effect that in the event that the building is not
so repaired or demolished within such time as the Village Board upon
such hearing may determine, the Village may then cause such building
or structure to be removed and the costs associated with the removal
to be assessed against the property.
D.
If the Building Inspector finds that there is actual and immediate danger of failure or collapse so as to endanger life, the notice given pursuant to Subsection C shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the Building Inspector. The Building Inspector shall cause to be posted at each entrance to such building a notice, as follows: "THIS BUILDING IS UNSAFE, AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING INSPECTOR." The notice shall remain posted until the required repairs are made or demolition is completed. It shall be a violation punishable by a fine of $250 and/or up to 15 days' imprisonment for any person or his agents or servants to remove such notice without written permission of the Building Inspector or for any person to enter or remain in the building except for the purpose of making the required repairs or demolishing it.
E.
In cases of emergency which, in the opinion of the Building Inspector,
involve imminent danger to human life or health, the Building Inspector
shall promptly cause a dangerous building, structure or portion thereof
to be made safe or removed. For this purpose, he may at once enter
the structure or land on which it stands, or abutting land or structure,
with such assistance and at such cost as may be necessary; he may
vacate adjacent structures and protect the public by appropriate barricades
or such other means as may be necessary and, for this purpose, may
close a public or private way.
F.
Costs and expenses incurred by the Village under Subsections C and E of this section, including legal costs and the cost of demolishing and removing any building or structure, shall be a Village charge and shall be assessed as a lien against the land on which such building or structure is located. The Village 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 with the assessor of the town responsible for preparing the assessments of Village property. The costs and expenses incurred by the Village under this chapter shall be levied, collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties, and shall have the same lien upon the property assessed, as the general Village tax.
In addition to the provisions of this chapter, the Village may
bring any appropriate actions and proceedings at law or in equity
to prevent unlawful construction or to restrain, correct or abate
a violation or to prevent illegal occupancy of a building, structure
or premises or to prevent illegal acts, conduct or business in or
about any premises; and those remedies shall be in addition to the
penalties for a violation prescribed in this chapter.
