[Adopted 5-4-1982 by L.L. No. 3-1982; amended in its entirety 9-1-2009 by L.L. No. 46-2009 (Ch. 54 of the 1976 Code)]
This Part 4 shall be known as the "Unsafe Buildings, Structures and Dangerous Conditions Law of the Town of Riverhead."
The purpose of this Part 4 is to promote the public health, safety and general welfare of the residents of the Town of Riverhead and the conservation of property and property values and to eliminate safety and health hazards.
All buildings or structures and dangerous conditions on property which are structurally unsafe, dangerous, unsafe to the public by means of unsecured windows, doors or other openings allowing unauthorized access to the interior of the building or structure and access to a dangerous condition on the property and/or creating an attractive nuisance by reason of the accessibility, unsanitary or not provided with adequate egress or which in relation to the existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this Part 4, unsafe buildings or structures and/or dangerous conditions on property. All such buildings and structures and/or dangerous conditions on property are hereby declared to be illegal and are prohibited and shall be abated by repair and rehabilitation, boarding or other acceptable means of securing until repaired or demolished, or by demolition and removal in accordance with the procedures of this Part 4.
When, in the opinion of the Building Inspector or other duly authorized New York State Uniform Fire Prevention and Building Code Enforcement Officer (CEO), any building or structure and/or dangerous conditions located in the Town of Riverhead shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office and a copy with the Town Board. The Building Inspector or CEO shall take no further action except as provided in § 217-40 for a period of 10 business days.
A. 
When it shall be determined by the Building Inspector or CEO that a building or structure or dangerous condition is unsafe to the public, he shall promptly serve or cause to be served a notice on the owner or other persons having an interest in such property or structure as hereinafter provided.
B. 
The aforementioned notice shall be served on the owner of the premises or someone of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same, as shown by the last completed assessment roll of the Town, either personally or by registered mail, addressed to the person intended to be served at the last known place of business. If the notice is served by registered mail, the Building Inspector or CEO shall cause a copy of such notice to be posted on the premises.
The notice referred to in § 217-37 hereof shall contain the following:
A. 
A description of the premises.
B. 
A statement of the particulars in which the building or structure and/or dangerous condition on the property is unsafe or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.
C. 
An order requiring the building or structure and/or condition to be made safe and secure or removed.
D. 
A statement that the securing, removal, or remediation of the building or structure and/or condition existing on the property shall commence within 10 days from the date of the service of the notice and shall be completed within 30 days thereafter. The Building Inspector or CEO may extend the time of compliance specified in the notice where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Building Inspector or CEO may impose such conditions as he may deem appropriate.
E. 
A statement that, in the event of the neglect or refusal of the person served with notice to comply with same, a hearing will be held before the Riverhead Town Board, notice of which and the time and place thereof to be specified in the notice to the owner referred to in § 217-37 hereof.
F. 
Unsecured windows, doors or other openings.
(1) 
When a building or structure and/or condition on the property is determined by the Building Inspector or CEO to be unsafe to the public by reason of unsecured windows, doors or other openings allowing unauthorized access to the interior of the building or structure or unsafe to the public by reason of unsecured gates, fences or the lack thereof or creates an attractive nuisance by reason of the accessibility, a statement that notice of the adoption of a resolution requiring the boarding and/or securing of the unsafe structure may be served upon the owners of the property at which the condition exists by certified return-receipt mail, addressed to the last known address of said owners.
(2) 
Failure to comply with notice to board and/or secure. Whenever a notice or notices referred to in Subsection F(1) of this section have been served and the owner shall neglect or fail to comply with such notice within 10 days of receipt thereof, the Town Board shall authorize the work to be done and shall provide for the cost thereof to be paid from the general Town funds as directed by resolution.
(3) 
Manner of assessment of cost upon real property. In any case where it shall be necessary for the Town Board to have the work performed due to failure of the owner to comply with the Town Board's resolution, the Town shall be reimbursed for the cost of work performed or the services rendered at its direction by assessment or levy upon the lots or parcels of land where such work was performed or such services rendered. So much of the actual costs as were actually incurred upon each lot or parcel and the charge therefor shall be assessed and collected in the same manner and in the same time as other ad valorem Town charges.
G. 
A statement that, in the event that the Town Board, after the hearing specified in Subsection E hereof, shall determine that the building or structure and/or dangerous condition on the property is unsafe or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, the Town Board may order the building or structure and/or condition on the property to be repaired, remediated and secured or taken down and removed.
H. 
A statement that, in the event that the building or structure and/or dangerous condition on the property shall be determined by the Town to be unsafe or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment and in the event of the neglect or refusal of the owner to repair or remove the same within the time provided, the Town may remove such building or structure and/or dangerous condition by whatever means it deems appropriate and assess all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, and/or remediate or secure the property such that the dangerous condition is not accessible to the public, against the land on which said buildings or structures or dangerous conditions on the property are located.
A copy of the notice referred to in § 217-38 hereof may be filed in the office of the County Clerk of the county within which such building or structure and/or dangerous condition on the property is located, 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 Clerk of the county where such notice is filed 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.
If the Building Inspector or CEO determines in his inspection of any building or structure and/or dangerous condition on the property that there is actual and immediate danger of failure or collapse so as to endanger life, he shall promptly require the building, structure, dangerous condition or portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed, inspected and approved by the Building Inspector or CEO. For this purpose, he may enter such building, structure, or land on which it stands or adjoining land or structure with such assistance and at such cost as may be necessary. He may also order adjacent structures to be vacated and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a private or public right-of-way. The Building Inspector or CEO shall cause to be posted at each entrance to such building or structure and/or property where a dangerous condition exists a notice stating "This building, structure and/or condition on the property is unsafe and its use or occupancy has been prohibited by the Building Inspector or CEO." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Building Inspector or CEO or for any person to enter the building or structure and/or property, except for the purpose of making the required repairs or the demolition thereof.
All costs and expenses incurred by the Town of Riverhead in connection with any proceeding or any work done to remove the danger or in connection with the demolition and removal of any such building or structure and/or dangerous condition on the property shall be assessed against the land on which such building or structure and/or dangerous condition is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector or CEO may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred, and the owner thereof, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Riverhead.
A. 
Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of an offense punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate additional offense or violation.
B. 
Nothing in this Part 4 shall be construed as depriving the Town of any other available remedy relevant to a violation of this Part 4.