[HISTORY: Adopted by the Town Board of the Town of North
Castle 5-10-1968 (Ch. 77 of the 1987 Code). Amendments noted where applicable.]
The Building Inspector of the Town of North Castle is hereby
designated and appointed as the official to make all inspections and
representations authorized or required by this chapter.
Unsafe buildings and collapsed structures, in business, industrial
and residential sections, that from any cause may now be or may become
dangerous and unsafe to the public shall be repaired or removed by
the owners thereof.
The Building Inspector shall inspect any building or structure,
as directed by the Town Board, for the purpose of making a report
of the condition and shall have the right to enter upon lands and
into buildings for that purpose. Such report shall be made to the
Town Board.
In the event that the Town Board shall determine, on the basis
of said report, that the building is dangerous or unsafe to the public,
it shall direct the Building Inspector to serve notice upon the owner,
or some one of the owner's executors, legal representatives, agents,
lessees or any other person having a vested or contingent interest
in same, either personally or by registered mail, addressed to the
last known address, if any, of the owner or some of the owner's executors,
legal representatives, agents, lessees or other persons having a vested
or contingent interest in same, as shown by the records of the Receiver
of Taxes and/or in the office of the County Clerk or County Register,
containing a description of the premises, a statement of the particulars
in which the building or structure is unsafe or dangerous, and an
order requiring same to be made safe and secure or removed; and if
such service is made by registered mail, for a copy of such notice
to be posted on the premises; and said notice shall provide the time
within which the person served shall commence the securing or removal
of said building or structure; and said time shall not be less than
10 days from the service of said notice.
In the event of the neglect or refusal of the person served
with the notice to comply with same, a survey shall be made by an
inspector and architect to be named by the Town Board and a practical
builder, engineer or architect appointed by the person served. Notice
to appoint shall be given personally or by registered mail to the
person so served, and in the event of the neglect or refusal of said
person to appoint such practical builder, engineer or architect within
10 days after the date of said service, the two surveyors named shall
make the survey and report. The notice to appoint the surveyor shall
state that, in the event that the building or structure is reported
unsafe or dangerous under such survey, an application will be made
at a special term of the Supreme Court in the Ninth Judicial District
for an order determining the building or structure to be a public
nuisance and directing that it shall be repaired or secured or taken
down and removed.
Upon the filing of the report of the surveyors, the Town Board
shall set the compensation of the surveyors, and it shall direct the
Building Inspector to post a signed copy of the report upon the building
or other structure and to send a second copy by registered mail to
the owner.
All costs and expenses incurred by the Town, including the costs
of the repair or removal of the building or structure if the owner
shall refuse to repair or remove the same, shall be determined by
the Town Board and assessed against the land on which said building
or structure is located.
A.
The Town Board by resolution shall direct the Building Inspector
to cause an inspection to be made of said buildings.
B.
Unsafe or dangerous defects; standards. Any structure or building,
which has any of the following defects or conditions, shall be deemed
unsafe or dangerous within the meaning of this chapter:
(1)
Those whose interior walls or other vertical structure members list,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside the middle 1/3 of its base.
(2)
Those which, exclusive of foundation, show 33% or more of deterioration
of the supporting member or members or 50% of damage or deterioration
of the nonsupporting enclosing or outside walls or covering.
(3)
Those which have improperly distributed loads upon the floors or
roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
(4)
Those which have been damaged by fire, wind or other causes so as
to become dangerous to life, safety, morals or the general health
and welfare of the occupants or the people of the Town of North Castle.
(5)
Those which have become or are so dilapidated, decayed, unsafe, unsanitary
or which so utterly fail to provide the amenities essential to decent
living that they are unfit for human habitation, or are likely to
cause sickness or disease, so as to work injury to the health, morals,
safety or general welfare of those living therein.
(6)
Those having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human
beings who live or may live therein.
(7)
Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
(8)
Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
(9)
Those which, because of their condition, are unsafe, unsanitary or
dangerous to the health, morals, safety or general welfare of the
people of the Town of North Castle.
[Amended 11-24-1987 by L.L. No. 3-1987; 4-29-2020 by L.L. No. 3-2020]
Any person failing or neglecting to comply with the provisions of the report specified in § 135-6 for a period of 10 days after service of the report specified in said section shall be guilty of a violation punishable by a fine of up to $1,000 per day per violation, or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. Each day's continued violation shall constitute a separate additional violation.
