[HISTORY: Adopted by the Town Board of the Town of Austerlitz 6-11-1998 by L.L. No.
1-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 90.
Unsafe buildings and structures pose a threat to life and property
in the Town of Austerlitz. 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. Debris, rubble
or parts of buildings left on the ground and not removed constitute
a dangerous, unhealthy and unsightly condition. The purpose of this
chapter is to provide for the safety, health, protection and general
welfare of persons and property in the Town of Austerlitz by requiring
such unsafe buildings and structures to be repaired or demolished
and removed.
This chapter shall be known as the "Unsafe Buildings Law of
the Town of Austerlitz."
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof presently or formerly
used for residential, business, industrial, agricultural, recreational
or other purpose, whether occupied or vacant.
The Building Inspector of the Town of Austerlitz or such
other person appointed by the Town Board to enforce the provisions
of this chapter.
Any debris, rubble or parts of buildings which remain on
the ground or on the premises after demolition, reconstruction, fire
or other casualty.
Any building or structure or portion thereof which:
Because of its structural condition, is or may become unsecured
structurally or otherwise deteriorated and is or may become dangerous
or unsafe to the public.
Is open at the doorways or windows or walls, making it accessible.
Is or may become a place of rodent infestation.
Consists of debris, rubble or parts of buildings left on the
ground after demolition, reconstruction, fire or other casualty.
Presents any other danger to the health, safety, and general
welfare of the public.
It shall be unlawful for any owner, tenant or occupant of any building or portion of any building or structure in the Town of Austerlitz to maintain such building or structure or portion of any building or structure in any condition or manner which shall be unsafe as defined in § 83-3.
When, in the opinion of the Building Inspector, any building or structure located in the Town of Austerlitz shall be deemed to be dangerous or unsafe to the public as defined in § 83-3, the Building Inspector shall make a formal inspection thereof and report in writing to the Town Board his findings and recommendations in regard to the building's removal or repair.
The Town Board shall thereupon consider said report, and, if
it finds that said building is dangerous and unsafe to the public,
it shall, by resolution, order its repair if the same can be safely
repaired and, if not, its removal or demolition and shall further
order that a hearing be held before the Town Board at a time and place
therein specified and on at least five days' notice to the owner
of the building and the owner, tenant or occupant of the land upon
which same is situated or persons having an interest therein to determine
whether said order to repair or remove shall be affirmed or modified
or vacated and, in the event of modification or modification or affirmance,
to assess all costs and expenses incurred by the Town in the repair
or removal of such building or structure against the land on which
said building or structure is located.
The notice shall contain the following statements:
A.
The name of the owner or person in possession as appears from the
tax and deed records.
B.
A brief description of the premises and its location.
C.
A description of the building or structure which is unsafe or dangerous
and a statement of the particulars in which it is unsafe or dangerous.
D.
An order requiring the same to be made safe and secure or to be removed.
E.
That the securing or removal of said building shall commence within
a specified number of days of the service of the notice and shall
be completed within a specified number of days thereafter.
F.
The time and place of the hearing to be held before the Town Board,
at which hearing the owner or occupant shall have the right to contest
the order and findings of the Town Board.
G.
That, in the event that such owner, occupant or other person having
an interest in said premises shall fail to contest such order and
fail to comply with the same, the Town Board will order the repair
or removal of such building or structure by the Town and that the
Town will assess all costs and expenses incurred in such repair or
removal against the land on which the building or structure is located.
H.
That, in any case where a building which was required to be made
safe and secure under this chapter is made safe by the boarding up
thereof, the material used for such boarding up shall be painted and,
as near as practicable, the same color as the building.
A.
A copy of said notice shall be personally served upon the owner or
some one of the owners, executors, legal representatives, agents,
lessees, or other person having a vested interest in the premises
as shown on the Town tax records or in the records in the Columbia
County Clerk's office.
B.
If no such person can be reasonably found for personal service, then
a copy of said notice shall be mailed to such person by registered
mail, addressed to his or her last known address as shown on said
records, and a copy of said notice shall be personally served upon
any adult person residing in or occupying said premises, if such person
can be reasonably found, and by securely affixing a copy of such notice
upon the said building or structure.
C.
A copy of said notice shall be filed in the Columbia County Clerk's
office, which notice shall be filed in the same manner as a notice
of pendency pursuant to Article 65 of the Civil Practice Law and Rules
(CPLR) and shall have the same effect as a notice of pendency as therein
provided. A notice so filed shall be effective for a period of one
year from the date of the filing. It may be vacated upon an order
of a Judge or Justice of a court of record or upon the written consent
of the attorney representing the Town of Austerlitz. The Columbia
County Clerk shall mark such notice and any record or docket thereof
as "cancelled of record" upon the presentation and filing of such
consent or of a certified copy of such order.
The Town Board shall conduct the public hearing at the time
and place specified in the notice to repair or demolish. It may adjourn
the hearing from time to time until all interested parties are heard
and until the hearing is completed. At the conclusion of the hearing,
the Town Board shall determine by resolution to revoke the order to
repair or remove, modify said order, or continue and affirm said order
and direct the owner or other persons to complete the work within
the time specified in the order or such other time as shall be determined
by the Town Board.
In the event of the refusal, failure or neglect of the owner
or persons so notified to comply with said order of the Town Board
within the time specified in said order, and after the public hearing,
the Town Board shall order that such building or structure be made
safe and secure or removed and demolished by Town employees or by
independent contractors. Except in emergency cases as herein provided,
any contract for repair or demolishing or removal of the building
in excess of $5,000 shall be awarded through competitive bidding.
All costs and expenses incurred by the Town in connection with
the proceedings set forth in this chapter, including the cost of actually
making safe, securing or removing such building or structure of dangerous
and unsafe condition, shall be assessed against the land on which
said building or said dangerous or unsafe condition is located and
shall be levied and collected in the same manner as provided in Article
15 of 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 structure is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 83-11 hereof.
The Town Board, in its discretion, may elect to apply to the
Supreme Court of the State of New York for an order directing that
the building be repaired and secured or demolished and removed.
The Town Board may commence a special proceeding pursuant to
§ 78-b of the General Municipal Law to collect the costs
of demolition, including reasonable and necessary legal expenses.
Any surveyor appointed as provided in § 83-5 shall be paid reasonable compensation as shall be fixed by the Town Board.
