[Adopted 12-14-1981 by L.L. No. 8-1981]
The procedure for the removal of any building or structure which
endangers the health, safety or welfare of the public shall be as
follows:
A.
The Building Inspector shall inspect the building or structure and
submit a written report for the official files of the Bureau of Code
Compliance, setting forth in detail the condition of the building
or structure at the time of inspection.
B.
If the Building Inspector shall find said building or structure to
endanger the health, safety or welfare of the public, he shall cause
to be served upon all persons of record having an interest in such
property or structure, either personally or by registered mail, addressed
to his last known address as shown by the records of the City Assessor
or in the office of the Clerk of the County of Orange, containing
a description of the premises, a statement of the particulars in which
the building or structure is unsafe or dangerous and an order of the
Building Inspector requiring same to be repaired or removed, and a
copy of said notice or order shall be posted on the premises in a
conspicuous location.
C.
The Building Inspector shall set forth in said notice the time in
which to commence repair or removal of said building.
D.
The notice to repair or demolish shall also contain a hearing date,
which hearing shall be held before the Building Inspector, at which
time any interested party may be heard in regard to the matter contained
in the notice.
E.
A copy of said notice shall be filed in the office of the Clerk of
the County of Orange 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
hereinafter provided. A notice so filed shall be effective for a period
of one year from the date of filing; provided, however, that it may
be vacated upon the order of a Judge or Justice of a court of record
or upon the consent of the Corporation Counsel. The Clerk of the County
of Orange shall mark such notice and any record or docket thereof
as canceled of record upon the presentation and filing of such consent
or of a certified copy of such order.
F.
In the event that the owner, or any party of interest, fails to repair or remove, as directed in the notice, within the time indicated therein, the City of Newburgh may enter upon such property and cause to be repaired or removed the building or structure thereon, pursuant to the procedures set forth in Chapter 226 of the City Code. The cost and expenses incurred by the City in connection with the repair or removal of such building or structure, including the cost of actually removing the same, shall be assessed against the land on which said building or structure is located. Said cost and expenses may also be collected from the owner of said building or structure by special proceeding pursuant to § 78-b of the General Municipal Law.
[Amended 1-10-2011 by Ord. No. 2-2011]
This article shall not be construed to limit the power of the
Building Inspector or any other City official having powers conferred
by statute, Charter, local law or ordinance from proceeding to enforce
any statute, local law, Charter provision or ordinance by a criminal
prosecution, by ordering that the building or structure be vacated
or any other remedy provided by law or ordinance.
