[HISTORY: Adopted by the Town Board of the Town of Walton 7-10-1989 by L.L. No. 3-1989. Amendments noted where applicable.]
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:
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.
The Building Inspector or Code Enforcement Officer of the
Town of Walton.
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:
Unfit for human habitation, or likely to cause sickness or
disease, or likely to constitute an unreasonable danger.
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.
A.
Whenever the Building Inspector files a report with the Town Clerk, as directed in § 84-5, alleging that a building or structure is dangerous or unsafe to the public, the Town Board shall order a notice to be served on the owner, one of the owner's executors, legal representatives, agents, lessees, or other person having a vested or contingent interest in the same, either personally or by registered or certified mail, addressed to the last known address, if any, of each, as shown by the records of the Tax Collector of the Town, or in the office of the Delaware County Clerk, or to any more appropriate address of which it shall have knowledge. If such service is by mail, a copy of said notice small be posted on the premises. Such notice shall contain the following:
(1)
A description of the premises sufficient to identify its location.
(2)
A statement of the particular manner in which the building or structure
is dangerous or unsafe.
(3)
An order requiring same to be made safe and secure or demolished
or removed.
(4)
A statement that the repair, demolition, or removal of the building
or structure is to commence within 30 days of the service or mailing
of the notice and be completed within 60 days thereafter, unless for
good cause shown such time shall be extended by the Town Board.
(5)
A date, time and place for a hearing before the Town Board in relation
to such dangerous or unsafe building or structure, such hearing to
take place not less than 20 business days from the date of the service
of the notice.
(6)
A statement that, in the event of neglect or refusal to comply with
the order to repair, remove or demolish the building or structure,
the Town Board is authorized to effect such repair or destruction,
to assess all costs and expenses thereof incurred by the Town Board
against the land upon which the building or structure is located and
to institute an action at law to collect the costs and expenses of
repair or destruction, including legal expenses.
B.
A copy of such notice shall be filed in the office of the Delaware
County Clerk, 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 provided in this
subsection. 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
consent of the Town Attorney. The Delaware County Clerk shall mark
such notice and any record or docket thereof as cancelled of record
upon the presentation of filing of such consent or the certified copy
of such order.
C.
The hearing set forth in the notice shall be held at a meeting of the Town Board. At said hearing, the person served with the notice as provided by Subsection B of this section may present evidence and testimony in opposition to the claim that the building or structure is dangerous or unsafe. If the Town Board after such hearing still finds that the building or structure is dangerous or unsafe to the public, and if the person served still neglects or refuses to comply with the order, the Town Board shall provide for making it secure, or for its repair or demolition. All costs and expenses incurred by the Town or the Town Board in connection therewith shall be assessed against the land upon which such building or structure is located.
D.
If the notice required by § 84-6A of this chapter shall have been given by mail, the Building Inspector is authorized to place an additional notice on the subject building or structure reading as follows: "This building has been found to be a dangerous building by the Town of Walton Building Inspector. This notice shall remain on this building until it is secured, repaired, or demolished. It is unlawful to remove this notice except at the direction of the Town of Walton Building Inspector."
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.
