This article provides for the administration and enforcement
of this Zoning Law and the New York State Uniform Fire Prevention
and Building Code (the Uniform Code) and the New York State Energy
Conservation Construction Code (the Energy Code). This article is
adopted pursuant to § 10 of the Municipal Home Rule Law.
Except as otherwise provided in the Uniform Code, other state law
or other section of this Zoning Law, all buildings, structures, and
premises, regardless of use or occupancy, are subject to the provisions
this article.
The chief of any fire department providing fire-fighting services
within the Town of Pine Plains shall promptly notify the Code Enforcement
Officer and ZEO of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment shall be identified and addressed
in accordance with the following procedures:
A. Investigation and report. When the ZEO, in his/her own opinion, or
upon receipt of information, finds that a building is subject to the
following, he or she 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:
(1) Is
or may become dangerous or unsafe to the general public;
(2) Is
open at the doorways and 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;
(3) Is
or may become a place of rodent infestation;
(4) Presents
any other danger to the health, safety, morals and general welfare
of the public; or
(5) Is
unfit for the purposes for which it may lawfully be used.
B. Town Board. The Town Board shall thereafter consider such report
and by resolution determine if in its opinion the report so warrants
that such building is unsafe and/or dangerous 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 and in
the manner provided herein.
C. Contents of notice. The notice shall contain the following:
(1) A description of the premises;
(2) A statement of the particulars in which the building is unsafe or
dangerous;
(3) An order outlining the manner in which the building is to be made
safe and secure, or demolished and removed;
(4) 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;
(5) A date, time and place for a hearing before the Town 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;
and
(6) A statement that in the event of neglect or refusal to comply with
the order to secure or demolish and remove the building, the Town
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.
D. Service of notice.
(1) The
notice shall be served:
(a) By personal service of a copy thereof upon the owner, executor, administrator,
agent, lessee, or any person having a vested or contingent interest
in such unsafe building as shown by the records of the Town Receiver
of Taxes or Tax Collector or of the County Clerk; or if no such person
can reasonably be found, by mailing such owner by registered mail
a copy of such notice directed to his/her last known address as shown
by the above records; and
(b) By personal service of a copy of such notice upon any adult person
residing or occupying said premises if such person can be reasonably
found; and
(c) By securely affixing a copy of such notice upon the unsafe building.
(2) A
copy of the notice served as provided herein shall be filed in the
Office of the County Clerk of the County of Dutchess.
E. Refusal to comply. In the event of the refusal or neglect of the person so notified to comply with the order of the Town Board and after the hearing, the Town Board shall provide for the demolition and removal of such building or structure either by Town employees or by contract. Except in emergency as provided in Subsection
G of this section, any contract for demolition and removal of a building in excess of $10,000 shall be awarded through competitive bidding.
F. Assessment of expenses. All expenses incurred by the Town 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 Town Board either:
(1) Be
assessed against the land on which such building is located and shall
be levied and collected in the same manner as provided in the Town
Law for the levy and collection of a special ad valorem levy; or
(2) 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.
G. Emergency cases. Where it reasonably appears that there is present a clear and imminent danger to life, safety or health of any person or property unless an unsafe building is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. 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 Subsection
F of this section.
The Code Enforcement Officer and ZEO shall review and investigate
complaints which allege or assert the existence of conditions or activities
that fail to comply with the Uniform Code, the Energy Code, this Zoning
Law, or any other law, ordinance or regulation adopted for administration
and enforcement of the Uniform Code, the Energy Code or this Zoning
Law. The process for responding to a complaint shall include such
of the following steps as the officer may deem to be appropriate:
A. Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection.
B. If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in §
275-96, Enforcement; penalties for offenses, of this Zoning Law.
C. If appropriate, issuing a stop-work order and/or compliance order.
D. If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
The Town Board may, by resolution, authorize the Town Supervisor
to enter into an agreement in the name of this Town with other governments
to carry out the terms of this Zoning Law, provided that such agreement
does not violate any provision of the Uniform Code, the Energy Code,
Part 1203 of Title 19 of the NYCRR, or any other applicable law.