[HISTORY: Adopted by the Town Board of the Town of Poestenkill 3-27-1997 by L.L. No.
2-1997 (Ch. 62 of the 1986 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Building code administration and enforcement — See Ch. 92.
This chapter shall be cited and may be referred to hereafter
as the "Unsafe Buildings and Structures Law of the Town of Poestenkill."
Unsafe buildings and structures pose a threat to life and property
in the Town of Poestenkill. Buildings and structures may become unsafe
by reason of damage by fire, the elements, age or general deterioration.
Vacant buildings and structures 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 and structures left on the ground
may constitute a dangerous, unhealthy and unsightly condition. 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 Poestenkill by requiring such unsafe buildings and structures to
be repaired, demolished or removed.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof used for residential,
business, industrial, recreational or other purpose.
The Code Enforcement Officer of the Town of Poestenkill and
his duly appointed assistants or deputies, or such other person appointed
by the Town Board to enforce the provisions of this chapter.
Any debris, rubble or parts of buildings or structures which
remain on the site after demolition, reconstruction, fire, decay or
other casualty.
As defined in § 150-4 of the Land Use Chapter and to also specifically include dams, levies, retaining walls and similar items.
Any building or structure or portion thereof which has any
one or more of the following characteristics:
Interior walls or other vertical structural members which, on
the average, list, lean or buckle to such an extent that, in the opinion
of the Code Enforcement Officer and on the concurrence of a licensed
engineer, the overlying weight of the structure is not adequately
supported and is not stable, thus constituting a serious danger for
collapse of the building or structure.
Exclusive of the foundation, shows 33% or more loss of original
material or strength of the supporting member or members or 50% loss
of material or strength of the nonsupporting walls or covering which
enclose the structure.
Has loads improperly distributed on the floors or roofs, resulting
in areas which are overloaded or have insufficient strength to be
reasonably safe for the purpose used.
Has parts which are not securely attached, so that they may
fall and injure a person or damage property of others other than the
owner.
Is unoccupied and open at the doorways, windows or walls, making
it accessible to and an object of attraction to minors, vagrants and
others who might trespass.
Consists of debris, rubble or parts of buildings or other structures
left on the ground after demolition, decay, fire or other casualty.
Has collapsed or failed or appears to be in imminent danger
of failure or collapse.
A.
It shall be unlawful for any owner, tenant or occupant of any building or structure in the Town of Poestenkill to maintain that building or structure, or any portion of it, in any condition or manner which is unsafe as defined in § 100-3 of this chapter.
B.
Any owner, occupant or person in custody of real property located within the Town of Poestenkill who allows or permits a building or structure to continue as an unsafe building or structure after due notice as provided in § 100-6 below shall be guilty of a violation of this chapter and shall be punished as provided for in § 100-12 below.
When, in the opinion of the Code Enforcement Officer, any building or structure located in the Town of Poestenkill is judged to be dangerous or unsafe to the public as defined in § 100-3, the Code Enforcement Officer shall make a formal inspection thereof and report in writing to the Town Board his findings and recommendations with respect to removal or repair of the building or structure.
The Town Board shall consider said report and, if it finds that
the subject building or structure is dangerous and unsafe to the public,
it shall, by resolution, provisionally order its repair if it can
be safely repaired and, if not, its demolition and removal; and shall
further order that a hearing be held before the Town Board to determine
whether said order for repair or removal shall be affirmed or modified
or vacated. A time and place for the hearing shall be specified in
the order, with at least five days' prior notice to the owner
of the building or structure or to other persons known to have an
interest therein.
In addition to serving the hearing notice as provided for in § 100-6 above, the Town Board may, if it determines that it is necessary for the purpose of this chapter, order that no person other than the owner or his agent shall enter upon the property and shall cause to have signs indicating "no trespassing" posted on such property. When such a determination is made, a statement of such fact shall be included in the notice referred to in § 100-6 above. Anyone found trespassing in violation of this section shall be liable for a fine not to exceed $50 for each offense.
A.
The notice shall contain the following statements:
(1)
The name of the owner or person in possession as appears from the
tax and deed records.
(2)
A brief description of the premises and its location.
(3)
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.
(4)
An order requiring the same to be made safe and secure or to be removed.
(5)
That the securing or removal of said building or structure 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.
(6)
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.
(7)
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 removal or
repair against the land on which such building or structure is located.
(8)
That, in any case where the required making safe and secure of a
building under this chapter is accomplished by the boarding-up thereof,
the material for such boarding-up shall be painted, as near as practicable,
the same color as the building.
A.
A copy of the required notice shall be personally served upon the
owner or 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 Rensselaer
County Clerk's office.
B.
If no such person can be reasonably found for personal service, a
copy of said notice shall be mailed to such person by certified mail,
return receipt requested, to his last known address as shown on said
records and by personally serving a copy of said notice upon any adult
person residing in or occupying said premises or by securely affixing
a copy of said notice upon the unsafe building or structure.
C.
A copy of said notice may be filed in the Rensselaer 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
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 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 Town Attorney when so authorized by the Town Board.
The Town Board shall conduct the public hearing required by § 100-6 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 either:
A.
In the event of the refusal, failure or neglect of the owner or person
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 provide that such building or structure be made safe and
secure or removed and demolished by Town employees or by independent
contractors.
B.
In the event of the refusal, failure or neglect of the owner or person
notified to comply with the order of the Town Board within the time
specified in the order and after the public hearing, such owner or
person shall be guilty of a violation of this chapter.
Except as provided in § 100-7 above, any person found guilty of violating this chapter shall be liable for a fine not to exceed $100 for each violation. Each week that such violation shall continue shall constitute separate violation.
All expenses incurred by the Town in connection with proceedings
to repair and secure or demolish and remove any unsafe building or
structure, including the cost of actually removing such building or
structure by the Town and attorneys' fees, if required, shall be assessed
against the land on which such building or structure is located. They
shall be levied and collected in the same manner as provided for the
levy and collection of real property taxes. Except in emergency cases
as herein provided, any contract for repair or demolishing and removal
of a building or structure in excess of $5,000 shall be awarded through
competitive bidding.
Where it reasonably appears that an unsafe building or structure presents a clear and imminent danger to the life, safety or health of any person or threatens serious damage to property of persons other than the owner unless the building or structure is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the repair to the extent needed to remove the imminent danger or threat or the demolition of such unsafe building or structure. The expenses of such repair or demolition shall be charged against the land on which it is located and shall be assessed, levied and collected as provided in § 100-13 hereof.
The Town Board, at its discretion, may elect to apply to the
Supreme Court of the State of New York for an order directing that
the building or structure be repaired and secured or demolished and
removed.
