[HISTORY: Adopted by the Town Board of the Town of Schroeppel 5-26-2016 by L.L. No. 3-2016. Amendments noted where applicable.]
All buildings or structures which are structurally unsafe, unsanitary
or not provided with adequate egress or which constitute a fire hazard
or are otherwise dangerous to human life or which, in relation to
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 chapter, designated unsafe
buildings. All such unsafe buildings are hereby declared to be illegal
and shall be abated by repair and rehabilitation or by demolition
in accordance with the procedures in this chapter.
The Code Enforcement Officer shall examine or cause to be examined
every building reported as unsafe or damaged and shall make a written
record of such examination.
A.
Whenever the Code Enforcement Officer shall find any building or structure or portion thereof to be an unsafe building as defined in this chapter, he shall, in the same manner as provided for the service of stop orders, § 38-7 of the Code, give to the owner or one of the owner's executors, legal representatives, agents, lessees or other persons having a vested or continued interest in the same, written notice stating the defects thereof.
B.
Such notice shall contain the following:
(1)
A description of the premises;
(2)
A statement of the particulars in which said building is unsafe;
(3)
An order requiring the same to be made safe and secure by repair
or otherwise to be demolished and removed within a specified period
of time and including a date within which said work shall be commenced
and completed;
(4)
Notice of the time and place for a hearing on the matter before the
Town Board; and
(5)
A statement that, in the event that said building is determined by
the Town Board to be unsafe, said building shall be made safe and
secure by such repairs or other measures which may reasonably be necessary
or shall be demolished and removed by the Town of Schroeppel, and
all costs and expenses incurred by the Town shall be charged against
the owner of said building or assessed against the land on which said
building is located.
A.
Vacation. If the Code Enforcement Officer finds that there is actual and immediate danger of failure or collapse so as to endanger life, the notice provided for in § 40-3 shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the building official.
B.
Placarding. The Code Enforcement Officer shall cause to be posted
at each entrance to such building a notice, reading as follows: "This
Building Is Unsafe, And Its Use or Occupancy Has Been Prohibited by
the Town Codes Officer." Such notice shall remain posted until the
required repairs are made or demolition is completed.
C.
Violations. It shall be unlawful for any person or his agents or
other servants to remove such notice without written permission of
the Code Enforcement Officer or for any person to enter the building
except for the purpose of making the required repairs or for demolishing
the same.
In the event that the owner of the unsafe building or, as the case may be, the owner's executor, legal representative, agent, lessee or other person having a vested or contingent interest in the same fails, neglects or refuses to comply with a written notice, the Town Board shall conduct the hearing at the time and place specified in said notice. At said hearing, the Town Board shall receive testimony and other such evidence as may be presented to it on the issue of whether the building in question is unsafe as described in § 40-1 of this chapter. The owner or other person having interest in the building shall be given full opportunity to be heard at said hearing, but failure of such person to appear shall not prevent the Town Board from conducting the hearing or taking action as a result of said hearing. If, after hearing the evidence, the Town Board determines that said building is unsafe, it may direct the Code Enforcement Officer to cause said building to be made safe and secure by such repairs or other measures which may reasonably be necessary, or to be demolished and removed and the land upon which it is located cleared of debris and all excavations filled and graded.
In cases of emergency which, in the opinion of the Code Enforcement
Officer, involve imminent danger to human life or health, he shall
promptly cause such building, structure or portion thereof to be made
safe or removed. For this purpose, he may at once enter such structure
or land on which it stands, or abutting land or structures, with such
assistance and at such cost as may be necessary. He may vacate adjacent
structures and protect the public by appropriate barricades or such
other means as may be necessary and, for this purpose, may close a
public or private way.
All costs and expenses, including an administrative charge in
the amount of 20%, which shall incorporate, among other expenses,
legal fees and insurance costs incurred, under this chapter shall
be initially paid out of Town funds and shall be charged to and reimbursed
by the owner of the premises involved, and collected in the manner
provided by law, or shall be assessed against the land on which said
building is or was located, at the same time and in the same manner
as general Town taxes. The remedy set forth in this chapter, including
the collection of costs and expenses as provided for in this section,
shall be in addition to the remedies and penalties set forth elsewhere
in this chapter, the Building Code of New York State or otherwise
available to the Town by law.
Any person who shall fail to comply with a written order of
the Code Enforcement Officer within the time fixed for compliance
therewith and any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents or any other person taking
part or assisting in the construction or use of any building who shall
knowingly violate any of the applicable provisions of this chapter
or any lawful order, notice, directive or permit of the Code Enforcement
Officer made thereunder shall be punishable by a maximum fine of $1,000
or maximum imprisonment of six months, or both, and each day that
a violation continues shall be a separate offense.
Appropriate actions and proceedings may be taken by law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to the remedies set forth elsewhere in this chapter and the penalties prescribed in § 40-8, or those prescribed in the Building Code of New York State.
The transfer of title by the owner of the premises upon which
an unsafe or dangerous building is located shall be no defense to
any proceedings under this chapter.
If any paragraph, section, sentence or a portion of a sentence
of this chapter shall be found and determined to be invalid, unlawful
and/or unconstitutional, such determination shall not invalidate or
void any other paragraph, section, sentence or portion thereof, and
such other parts thereof shall remain in full force and effect until
legally revoked, modified and/or amended.
