[HISTORY: Adopted by the Town Board of the Town of Lenox 7-9-1984 by L.L. No.
3-1984. Amendments noted where applicable.]
Unsafe buildings pose a threat to life and property in the Town
of Lenox. Buildings and structures may become unsafe by reason of
damage by fire, the elements, age or general deterioration. Vacant
buildings not properly secured at doorways and windows also serve
as an attractive nuisance for young children who may be injured therein,
as well as 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. 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 Lenox by requiring
such unsafe buildings be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings Law of
the Town of Lenox."
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof used for residential,
places of public assembly, business or industrial purpose.
[Amended 3-14-2016 by L.L. No. 6-2016]
The Town of Lenox officer with the title "Code Enforcement
Officer of the New York State Building Code" and the Town of Lenox
officer with the title "Enforcement Officer of the State Uniform Fire
Prevention Code."
[Amended 5-11-1987 by L.L. No. 9-1987; 3-14-2016 by L.L. No. 6-2016]
When, in his own opinion or upon receipt of information that
a building is or may become dangerous or unsafe to the general public,
is open at the doorways and windows, making it accessible to and an
object of attraction to minors under 18 years of age as well as to
vagrants and other trespassers; is or may become a place of rodent
infestation; presents any other danger to the health, safety, morals
and general welfare of the public; or is unfit for the purposes for
which it may lawfully be used, the Building Inspector shall cause
or make an inspection thereof and report, in writing, to the Town
Board his findings and recommendations in regard to its repair or
demolition and removal.
The Town Board shall thereafter consider such report and by
resolution determine, if in its opinion the report so warrants, that
such building is unsafe and dangerous and order its repair if the
same can be safely repaired or its demolition and removal, and further
order that a notice be served upon the persons and in the manner provided
herein.
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building is unsafe or
dangerous.
C.
An order outlining the manner in which the building is to be made
safe and secure or demolished and removed.
D.
A statement that the securing or removal of such building shall commence
within 30 days of the service of the notice and shall be completed
within 60 days thereafter, unless for good cause shown such time shall
be extended.
E.
A date, time and place for a hearing before the Town Board in relation
to such dangerous or unsafe building, which hearing shall be scheduled
not less than five business days from the date of service of the notice.
F.
A statement that, in the event of neglect or refusal to comply with
the order to secure or demolish and remove the building, the Town
Board is authorized to provide for its demolition and removal, to
assess all expenses thereof against the land on which it is located
and to institute a special proceeding to collect the costs of demolition,
including legal expenses.
The said notice shall be served:
A.
By personal service of a copy thereof upon the owner, executor, administrator,
agent, lessee or any person having a vested or contingent interest
in such unsafe building as shown by the records of the Receiver of
Taxes (or Tax Collector) or of the County Clerk.
B.
If no such person can be reasonably found, by mailing such owner
by registered mail a copy of such notice directed to the last known
address as shown by the above records.
C.
By personal service of a copy of such notice upon any adult person
residing in or occupying said premises, if such person can be reasonably
found.
D.
By securely affixing a copy of such notice upon the unsafe building.
A copy of the notice served as provided herein shall be filed
in the office of the County Clerk of the County of Madison, 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 hereinafter provided in this section.
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 Town Attorney. The County Clerk of the County of Madison shall
mark such notice and any record or docket thereof as cancelled of
record upon the presentation and filing of such consent or of a certified
copy of such order.
[Amended 11-14-1994 by L.L. No. 2-1994]
In the event of the refusal or neglect of the person so notified
to comply with said order of the Town Board and after the hearing,
the Town Board shall provide for the demolition and removal of such
building or structure either by Town employees or by contract. Except
in emergency as provided in this section, any contract for demolition
and removal of a building in excess of $20,000 shall be awarded through
competitive bidding.
All expenses incurred by the Town in connection with the proceedings
to repair and secure or demolish and remove the unsafe building, including
the cost of actually removing such building, shall be assessed against
the land on which such building is located and shall be levied and
collected in the same manner as provided in Article 15 of Town Law
for the levy and collection of a special ad valorem levy.
