This chapter has been enacted to provide for the securing, repair,
removal or demolition of buildings located in the Town which are now
or will subsequently become dangerous or unsafe to the public, in
order to protect the health, safety and general welfare of the inhabitants
of the Town, pursuant to § 130, Subdivision 16, of the Town
Law.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The provisions of this chapter shall be in addition to, and
in furtherance of, the New York State Uniform Fire Prevention and
Building Code, including, but not limited to, Sections 108 and 109
of the Property Maintenance Code of New York State.
Whenever they are used in this chapter, the following terms
shall have the following meanings:
ABANDONED
Uninhabited. Once abandoned, a structure shall continue to
be deemed abandoned until one or more persons has inhabited it as
a bona fide inhabitant for a period of at least 45 days. Failure to
make timely payment of real estate taxes shall not be deemed a requisite
of abandonment.
BUILDING INSPECTOR
The Building Inspector or Code Enforcement Officer of the
Town of Walton.
BUILDINGS THAT ARE DANGEROUS OR UNSAFE TO THE PUBLIC
Houses, barns, mobile homes, buildings, or other structures
which have been rendered uninhabitable or are uninhabited on account
of one or more of the following occurrences:
A.
Fire, flood, wind or other disaster; or
B.
Abandonment for a period in excess of one year.
UNINHABITABLE
Unfit for human habitation, or likely to cause sickness or
disease, or likely to constitute an unreasonable danger.
UNINHABITED
Unoccupied by a person or persons on a regular basis, so
as to constitute said person's or persons' dwelling place
or abode. A structure may be uninhabitable within the meaning of the
definition of "uninhabitable" of this section even though it is not
uninhabited.
Whenever any person shall advise the Building Inspector, in
writing, on a form prescribed by the Town Board and signed by the
complainant, that any premises within the Town of Walton has erected
upon it a building or other structure that may be dangerous or unsafe
to the public, or whenever the Building Inspector has reason to believe
that such is the case, he shall promptly inspect said premises.
The Building Inspector shall file with the Town Clerk a report,
in writing, setting forth the condition of any building or structure
inspected by him. The report shall specify the date of the inspection,
the condition which the inspector believes to be dangerous or unsafe,
if any, his opinion as to the cause of such condition, and his recommendation
for the correction of such condition. Such report shall be filed not
less than 10 business days from the date of such inspection. The Town
Clerk shall forthwith transmit a copy of such report to each member
of the Town Board.
In cases where it reasonably appears that there is a clear and present danger to the life, health or safety of any person unless a dangerous or unsafe building is immediately repaired or demolished, the Town Board may authorize the Building Inspector to cause its immediate repair or demolition, or that it be otherwise secured. The cost therefor shall be charged against the land upon which such building is located and shall be assessed, levied and collected as hereinafter provided in §
84-8.
All expenses incurred by the Town in causing any building or structure to be secured, repaired or demolished, including the cost of actually removing said building or structure, shall be assessed against the land upon which such building or structure is or was located and shall be levied and collected as a special tax upon the land, or shall be recovered in an action at law against the person served with the notice referred to in §
84-6.
Should any clause, sentence, paragraph, or section of this chapter
be held invalid or unconstitutional by any court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect, impair or
invalidate this chapter as a whole or any remainder there, but shall
be confined to the clause, sentence, paragraph, or section specifically
held invalid or unconstitutional.
This chapter shall take effect immediately upon publication
and posting in accordance with the provisions of law.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person who violates any provision of this chapter shall
be punishable by a fine of not more than $250, imprisonment for up
to 15 days, or both such fine and imprisonment.