Town of Kinderhook, NY
Columbia County
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[HISTORY: Adopted by the Town Board of the Town of Kinderhook 6-4-1981 by L.L. No. 2-1981 (Ch. 74 of the 1978 Code). Amendments noted where applicable.]
Building construction — See Ch. 96.
The Building Inspector is charged with the responsibility of carrying out the obligations and duties set forth in this chapter.
No person, firm, corporation or association, who or which is the owner of a building in the Town of Kinderhook, shall cause, suffer, allow or permit said building to become dangerous or unsafe to the public. In the event that any building now is or hereafter becomes dangerous or unsafe to the public, from any cause whatsoever, the owner or occupant shall repair or remove said building. In the event of the failure of the owner of any such building to repair or remove same, the Building Inspector of the Town of Kinderhook shall make a complete inspection and report of the condition of said building to the Town Board of the Town of Kinderhook. Notice shall thereafter be served on the owner or some one of the owners, executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in said building, either personally or by registered mail, addressed to the last known address, if any, of the owner or some one of the owners, executors, legal representatives, agents, lessees or other persons having a vested or contingent interest in same, as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk of the County Register, containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring same to be made safe and secure or removed; if such service is made by registered mail, a copy of such service shall be posted on the premises by the Building Inspector.
Such notice shall provide for time within which such person served with such notice may commence the securing or removal of buildings or structures. A copy of such notice shall be filed in the office of the Clerk of Columbia County, which notice shall be filed by such Clerk 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, except as otherwise provided in § 130, Subdivision 16d, of the Town Law. The notice shall provide for a hearing before the Town Board, and the time and place thereof shall be specified in the notice to repair or demolish.
In the event that the owner fails or refuses to repair or remove the building within the time provided by the above-mentioned notice, the Town Board may cause the removal of such building or structure without further notice to the owner.
All costs and expenses incurred by the Town in connection with any and all of the above proceedings to remove or secure, including the cost of actually removing said building or structure or securing the same, shall be assessed against the land on which the building or structure is located.
If such owner or person served as hereinabove provided shall fail to pay the costs and expenses incurred by the Town within 10 days after being notified of the costs thereof by registered mail, the Town 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 and the buildings or other obstructions removed, as the case may be, with the Assessors of the Town, who shall, in the preparation of the next assessment roll of Town taxes, assess such amount upon such property, and the same shall be levied, collected and enforced in the same manner, by the same proceedings, at the same time, under the same penalties, and having the same lien upon the property assessed as the general Town tax and as a part thereof.
In cases of great emergency, where the delay of proceedings, as hereinbefore provided, would result in probable loss of life or property, the Supervisor of the Town shall have the power to direct the Building Inspector to proceed at once to take such action as is needed to guard the safety of affected persons and property.