[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.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
