[HISTORY: Adopted by the Board of Trustees of the Village
of Castleton-on-Hudson 10-23-1973 by L.L. No. 1-1973; amended in its entirety 3-9-2009 by L.L. No.
1-2009. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 101.
This chapter shall be known as the "Unsafe Buildings Law" of
the Village of Castleton-on-Hudson.
This chapter is promulgated pursuant to authority conferred by the Village Law of the State of New York, including, but not limited to § 4-412 of the Village Law. Additionally, the minimum maintenance standards by § 210-72B are incorporated herein.
Unsafe buildings pose a threat to life and property in the Village
of Castleton-on-Hudson. Buildings and structures may become unsafe
by reason of damages by fire, the elements, age or general deterioration.
Vacant buildings not properly secured at doorways and windows or at
any openings also serve as an attractive nuisance for young children
who may be injured therein, as well as a 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. Debris, rubble, scrap, abandoned machinery or equipment
or parts of buildings left on the ground and not removed constitute
a dangerous, unhealthy and unsightly condition. It is the purpose
of this chapter to provide for the safety, health, protection and
general welfare of persons and property in the Village of Castleton-on-Hudson
by requiring that such unsafe buildings 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, including the
lot on which such building, structure or portion thereof is situated,
used for residential, business, industrial, recreational or other
purpose.
The Building Inspector and/or Village Fire Chief ("Fire Chief")
or such other person appointed by the Village Board of the Village
of Castleton-on-Hudson to enforce the provisions of this chapter.
Any building, as defined in this section, which:
Is or may become dangerous or unsafe to the general public;
Is open at the doorways or 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;
Contains or consists of debris, rubble, scrap, abandoned machinery
or equipment, or parts thereof, or parts of buildings, whether in
the building or on the lot on which such building is located;
Is abandoned or inadequately maintained;
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 be unlawfully used.
The Village of Castleton-on-Hudson.
When, in the opinion of the Building Inspector or Fire Chief,
or upon receipt of information, that an unsafe building exists in
the Village of Castleton-on-Hudson, the Building Inspector and Fire
Chief shall cause or make an inspection thereof and report in writing
to the Village Board of the Village of Castleton-on-Hudson his findings
and recommendations in regard to its repair or demolition and removal.
The Village Board shall thereafter consider such report and by resolution determine, if in its opinion the report so warrants, that such building is an unsafe building as defined in § 106-4 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 in the manner provided in § 106-7 of this chapter.
The notice shall contain the following:
A.
A description of the premises.
B.
The name of the owner of the premises as it appears from the tax
and deed records.
C.
A statement of the particulars in which the building is unsafe or
dangerous.
D.
An order outlining the manner in which the building is to be made
safe and secure or demolished and removed.
E.
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.
F.
A date, time and place for a hearing before the Village 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.
G.
A statement that, in the event of neglect or refusal to comply with
the order to secure or demolish and remove the building, the Village
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 notice shall be served:
A.
Upon the owner, executor, legal representative, administrator, agent,
lessee or any person having a vested or contingent interest in such
unsafe building, either personally or by registered mail, addressed
to the last known address, if any, of the owner, executor, legal representative,
administrator, agent, lessee or any person having a vested interest
or contingent interest in such unsafe building, as shown by the Village
tax records or the records of the Rensselear County Clerk's office;
and
B.
If such notice be served by registered mail, by securely affixing
a copy of such notice upon the unsafe building.
The Village Board shall conduct a hearing at the time and place
specified in the notice. It may adjourn the hearing from time to time
until all interested parties are heard and until the hearing is completed.
At the conclusion of the hearing, the Village Board shall determine
by resolution to either revoke the order to repair or remove, modify
said order to continue and affirm said order and direct the owner
or other persons to complete the work within the time specified in
the order or such other time as shall be determined by the Village
Board. In the event that the owner, occupant or other person having
an interest in said premises shall fail to appear at the hearing,
the Village Board can take any of the above actions, and such person
shall lose all rights to be heard before the Village Board.
A copy of the notice served as provided in § 106-8 shall be filed in the office of the County Clerk of the County of Rensselaer.
In the event of the refusal or failure of the person so notified to comply with said order of the Village Board and after the hearing, the Village Board shall provide that such building shall be made safe and secure or provide for the demolition and removal of such building either by Village employees or by contract. Except in emergency as provided in § 106-13 hereof, any contract for repair or demolition and removal of a building in excess of $35,000, shall be awarded through competitive bidding.
All expenses incurred by the Village in connection with the
proceedings to repair and secure or demolish and remove the unsafe
building, including the cost of actually removing such building, and
all reasonable and necessary legal expenses incidental thereto, shall,
at the option of the Village Board:
A.
Following the filing of a certificate of the actual expenses incurred
as aforesaid by the Village Clerk, some may be assessed against the
land on which such building is located and shall be levied and collected
as a special ad valorem levy;
B.
Be collected by commencement of a special proceeding against the
owner of said unsafe or dangerous building or structure pursuant to
General Municipal Law § 78-b; or
C.
Be collected in any other manner allowed by law.
Where it reasonably appears that there is present a clear and
imminent danger to the life, safety or health of any person or property:
A.
The notice as described in § 106-7 shall also require the building to be vacated forthwith and not reoccupied unless and until the unsafe building has been repaired and secured or demolished and removed and the Building Inspector has inspected and approved such repairs and removal. Until such inspection and approval, it shall be unlawful for any person to enter the building except for the purpose of inspecting such building or making the required repairs or demolishing the same; and
B.
The Village Board may by resolution authorize the Building Inspector to immediately cause the repair or demolition of such unsafe buildings. In such a case the Building Inspector may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary, and for this purpose may close a public or private way. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 106-12 hereof.
C.
The Building Inspector or the Fire Chief may require the occupants
of any such building or structure, or part thereof, to vacate the
premises forthwith. No person shall use or occupy such building or
structure, or part thereof, until it is made safe. Except for the
owner, no person shall enter the premises which has been ordered vacated
unless authorized to perform inspections or to repair or demolish
and remove such building or structure or part thereof.
The Village Board may elect, should it decide to avoid the aforementioned
procedure to apply to the Supreme Court of the State of New York for
an order directing that the building be repaired and secured or demolished
and removed.
A.
It shall be unlawful for any firm, person or corporation to violate
any portion of this chapter or to fail to comply with any notice or
order made hereunder.
B.
Any person, having been served, who fails to comply with a written
order of the Building Inspector or the Village Board within the time
fixed for compliance therewith or any owner, builder, architect, tenant,
contractor, subcontractor, construction superintendent or their agents
or any person taking part or assisting in the construction or use
of any building who knowingly violates any applicable provision of
this chapter shall be subject to a fine of not more than $500 or 30
days in jail, or both. Each day that a violation continues shall be
deemed a separate offense.
C.
Except as provided otherwise by law, such a violation shall not be
a crime, and the penalty or punishment imposed therefor shall not
be deemed for any purpose a penal or criminal penalty or punishment
and shall not impose any disability upon or affect or impair the credibility
as a witness, or otherwise, of any person convicted thereof.
D.
This section shall not apply to violations of the Uniform State Fire
Prevention and Building Code punishable under § 382 of the
Executive Law of the State of New York; nor to violations of the provisions
of the Multiple Residence Law punishable under § 304 of
the Multiple Residence Law of the State of New York.
