Unsafe buildings pose a threat to life and property in the Town
of Tusten. Buildings and structures may become unsafe by reason of
damage by fire, the elements, age or general deterioration. Vacant
buildings not properly secured at doorways and windows also serve
as an attractive nuisance for young children, who may be injured therein,
as well as 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. It is the purpose of this
chapter to provide for the safety, health, protection and general
welfare of persons and property in the Town of Tusten by requiring
such unsafe buildings to be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings Law of
the Town of Tusten."
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any building, structure or portion thereof used for residential,
business or industrial purposes.
BUILDING INSPECTOR
The Building Inspector/Code Enforcement Officer for the Town
of Tusten or such other person appointed by the Town Board to enforce
the provisions of this chapter.
When in his own opinion or upon receipt of information that
a building: 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 purpose for which it may lawfully be used, the Building Inspector
shall cause or make an inspection thereof and report in writing to
the Town Board his findings and recommendation in regard to its repair
or demolition and removal. Additional inspection/evaluation by a licensed
engineer may be required at the discretion of the 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 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.
The notice shall contain the following:
A. A description of the premises;
B. A statement of the particulars in which the building is unsafe or
dangerous;
C. An order outlining the manner in which the building is to be made
safe and secure, or demolished and removed;
D. 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;
E. 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
F. 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 repair and securement or 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.
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 demolition and removal of such building or structure either by Town employees or by contract. Except in emergency as provided in §
131-10 hereof, any contract for demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding.
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, shall be assessed against
the land 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 a special ad valorem levy.
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 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 §
131-9 hereof.