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.
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.