[HISTORY: Adopted by the Town Board of the Town of Hartford 4-12-2005 by L.L. No.
1-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Building Code administration — See Ch. 24.
This chapter shall be known as "A Local Law Regulating the Repair
or Removal of Unsafe Buildings and Structures." It is adopted pursuant
to Town Law § 130 (16) and Municipal Home Rule Law § 10.
A.
This Town Board finds that unsafe buildings and structures pose a
threat to life and property in the Town of Hartford. Buildings and
structures may become unsafe by reason of damage by fire, the elements,
age and general deterioration.
B.
This Town Board further finds that vacant buildings not properly
secured at doorways, windows or otherwise serve as an attractive nuisance
for young children who may be injured therein, as well as a point
of congregation by vagrants, transients and trespassers.
C.
This Town Board further finds that a dilapidated building may serve
as a place of rodent infestation, thereby creating a health menace
to the community.
D.
Therefore, the purpose of this chapter is to provide for the safety,
health, protection and general welfare of the persons and property
in the Town of Hartford by requiring such unsafe buildings and structures
to be repaired or demolished and removed.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof used for residential,
business or industrial purposes.
The Code Enforcement Officer of the Town of Hartford or such
other person appointed by the Town Board to enforce the provisions
of this chapter.
To make or become lower in quality or value.
Any construction, piece of work, or building of any kind
composed of parts joined together in some definite manner for any
use, including but not limited to residential, commercial, and industrial.
A condition of premises rendering a building or structure
unfit for occupation or any worthwhile purpose.
When in the opinion of the Code Enforcement Officer or upon
receipt of information that a building is or may become dangerous
or unsafe to the general public, to wit, it is open at the doorways,
windows or otherwise making it accessible to and an object of attraction
to minors as well as to vagrants, transients and 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 Code
Enforcement Officer shall cause or make an inspection thereof and
report in writing to the Town Board his/her findings and recommendations
in regard to its repair or demolition and removal.
The Town Board shall thereafter consider such report and, by
resolution, determine whether such building is unsafe and, if so,
order its repair if the same can be safely repaired or its demolition
and removal. The Town Board shall also, by resolution, determine whether
such building is open at the doorways, windows or otherwise and, if
so, shall further order that the building be sealed and made secure
by boarding up windows, doors or other openings until such building
is repaired or demolished and removed.
The Town Board, once it has determined that such building shall
be repaired or removed and/or sealed and made secure, shall further
order that a notice be served. The notice shall be served by personal
service of a copy thereof upon the owner, executor, administrator,
legal representatives, agents, lessees, or any person having a vested
or contingent interest in such unsafe building as shown by the records
of the Receiver of Taxes and/or in the office of the County Clerk;
or if no such person can be reasonably found, by mailing such owner
by registered mail a copy of the notice directed to his last known
address and posting a copy of the notice upon the premises.
The notice shall contain the following:
A.
A description of the premises;
B.
A statement of the particulars of why the building is unsafe;
C.
An order outlining the manner in which the building is to be repaired
or demolished and removed, and/or sealed and made secure;
D.
A statement that the repair or demolition and removal of such building
or structure shall commence within 30 days of the service of notice
and shall be completed within 60 days thereafter unless, for good
cause shown, such time shall be extended, and/or that the building
be sealed and made secure within seven business days of service of
notice;
E.
A date, time and place for a hearing before the Town Board in relation
to such unsafe building, which hearing shall be scheduled not less
than five business days from the date of service of notice; and
F.
A statement that, in the event of neglect or refusal of the person
served with the notice to comply with the same, the Town Board is
authorized to provide for its repair, demolition and removal and/or
securing, and to assess all expenses thereof against the real property
on which it is located, and to institute a special proceeding to collect
such costs, including legal expenses.
A copy of the notice served as provided herein shall be filed
in the office of the County Clerk of the County of Washington, 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 Laws and
Rules and shall have the same effect as a notice of pendency as therein
provided, except as otherwise hereinafter provided in this paragraph.
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 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.
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 repair or demolition and removal
and/or securing of such building or structure to be completed either
by Town employees or by contract.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe building is immediately repaired or demolished and removed and/or secured, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause such repair, demolition and removal, and/or securing of such unsafe building. The expenses of such repair, demolition and removal and/or securing shall be charged against the real property on which it is located and shall be assessed, levied and collected as provided in § 28-11 hereof.
All expenses incurred by the Town in connection with the proceedings
to repair or demolish and remove and/or secure the unsafe building
shall be assessed against the real property on which such building
is located and shall be levied and collected in the same manner as
provided in Article 15 of the Town Law for the levy and collection
of special ad valorem assessments.
Any person, firm or corporation violating or refusing to comply
with an order of the Town Board issued under the provisions of this
chapter, upon conviction thereof, shall be guilty of an unclassified
misdemeanor and shall be punished by a fine not exceeding $1,000 or
by imprisonment for a term not exceeding six months, or by both such
fine and imprisonment. Each day or part of a day on which a violation
continues shall constitute a separate violation.
