[HISTORY: Adopted by the Board of Trustees of the Village of Red Hook 9-20-1971 by L.L. No. 1-1971. Amendments noted where applicable.]
Building construction — See Ch. 95.
The title of this chapter shall be the "Unsafe Buildings and Collapsed Structures Law."
[Added 1-20-1999 by L.L. No. 1-1999]
As used in this chapter, the following terms shall have the meanings indicated:
- UNSAFE BUILDING OR STRUCTURE
- Any building or structure or portion thereof which:
- A. Because of its structural condition, is or may become dangerous or unsafe to the public.
- B. Is open at the doorways or walls, making it accessible to and an object of attraction to minors under 18 years of age, as well as to vagrants and other trespassers.
- C. Is or may become a place of rodent infestation.
- D. Consists of debris, rubble or parts of buildings left on the ground after demolition, reconstruction, fire or other casualty.
- E. Presents any other danger to the health, safety, morals and general welfare of the public.
The Village Board, in order to promote the safety and welfare of the persons and property within the Incorporated Village of Red Hook, Dutchess County, finds it in the public interest to enact this chapter.
When, in the opinion of the Code Enforcement Officer of the Village of Red Hook, any building or structure located within the Village of Red Hook shall be deemed to be unsafe or dangerous to the public, the Code Enforcement Officer shall make a formal inspection thereof and report, in writing, to the Village Board of the Village of Red Hook his findings and recommendations in regard thereto.
Said Village Board, upon receipt of the Code Enforcement Officer's report, shall promptly thereafter consider said report and determine whether or not said building or structure is unsafe and dangerous and requires repair or removal.
In the event that said Board of Trustees finds said building or structure unsafe and dangerous, it shall, by resolution, order its removal or repair and shall order that service of a notice be made, either personally or upon someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the land upon which the building or structure is located. Said notice shall contain the following:
The location of said building or structure.
A statement setting forth the particulars in which the same is unsafe or dangerous.
An order that the same be made safe and secure or removed.
The time within which the person served with such notice shall commence and complete the securing or removal of said building or structure.
In the event of neglect or refusal of the person served with notice to comply with same, a survey to be made by an official of the Village and a practical builder, engineer or architect to be named by the Board of Trustees and a practical builder, engineer or architect appointed by the person so notified; and in the event of the refusal or neglect of the person so notified to appoint such surveyor, the two surveyors acting on behalf of the Village shall make the survey and report.
If the report of the surveyors shows the building or structure to be dangerous or unsafe, an application will be made to a special term of the Supreme Court of the State of New York in the Ninth Judicial District, not less than five days nor more than 10 days after the posting of said report, for an order determining said building or structure to be a public nuisance and directing that it should be repaired and secured or taken down and removed.
The land upon which said building or structure is located shall be assessed for all costs and expenses incurred by the Village in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure from said land.
In the event that the person so notified neglects or refuses to comply with the order of the Village Board, a survey of said premises shall be made in the following manner:
The Village Board, by resolution, shall appoint an official of the Village and a practical builder, engineer or architect, and the person notified shall appoint a practical builder, engineer or architect, and the three appointees shall make said survey and the majority of said surveyors shall submit a written report thereon as to their findings in regard to the unsafe or dangerous condition of said building or structure. If the person so notified shall fail to appoint a surveyor, the two surveyors appointed by the Village Board shall proceed and report.
A signed copy of such report shall be posted on said building or structure.
In the event that said survey report shall find said building or structure unsafe or dangerous, the Village Board, by resolution, shall direct the Mayor of the Village to make application to the Supreme Court of the State of New York in the Ninth Judicial District, not less than five nor more then 10 days after the posting of said report, for an order determining said building or structure to be public nuisance and directing that it shall be repaired and secured or taken down and removed.
Any provision in this chapter to the contrary notwithstanding, where an emergency arises which would result in probable loss of life or property, the Village Board shall have the power to take immediate action to protect the safety of persons and property.
The surveyors appointed by the Board of Trustees shall be paid reasonable compensation for the service performed by them.
[Added 1-20-1999 by L.L. No. 1-1999]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each day of continuance of an offense shall be considered a separate offense.