Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures contained in this Article VII of this chapter.
All buildings or structures which have any or all of the following defects shall be deemed "unsafe buildings":
A. 
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
B. 
Those which, exclusive of the foundation, show 33% or more of damage or deterioration of the supporting member or members or 50% of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
C. 
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
D. 
Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Town.
E. 
Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease so as to work injury to the health, safety or general welfare of those living therein.
F. 
Those having light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein.
G. 
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of escape.
H. 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
I. 
Those which, because of their condition, are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this Town.
J. 
Any building or structure which remains vacant and unattended continuously for a period of five years.
The following standards shall be followed in substance by the Building Inspector and the Town Board in ordering repair, vacation or demolition:
A. 
If the unsafe building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired.
B. 
If the unsafe building is in such condition as to make it dangerous to the health, safety or general welfare of its occupants, it shall be ordered to be vacated.
C. 
In any case where an unsafe building is 50% damaged or decayed or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be demolished. In all cases where an unsafe building is a fire hazard existing or erected in violation of the terms of this chapter or any other local law or statute of the State of New York, it shall be demolished.
All unsafe buildings within the terms of § 74-30 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The Building Inspector shall:
A. 
Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may exist in violation of this chapter.
B. 
Inspect any building, wall or structure reported (as hereinafter provided for) by fire protection and law enforcement authorities within the Town as probably existing in violation of the terms of this chapter.
C. 
Notify, personally or in writing, the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by certified mail, return receipt requested, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Town Assessor or in the office of the County Clerk, of any building found by him or her to be an unsafe building within the standards set forth in § 74-30 of this chapter.
D. 
Set forth, in the notice provided for in § 74-34C of this chapter, a description of the building or structure deemed unsafe and a statement of the particulars which make the building or structure an unsafe building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 30 days, as is reasonable. The notice shall also inform the recipient, as appropriate, that:
(1) 
The owner must vacate or repair or demolish said building in accordance with the terms of the notice and this chapter.
(2) 
The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession.
(3) 
Any mortgagee, agent or other persons having an interest in said building may, at his or her own risk, repair, vacate or demolish said building or have such work or act done, provided that any person notified under this section to repair, vacate or demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.
E. 
Report to the Town Board any noncompliance with the notice provided for in § 74-34C and D of this chapter.
F. 
Appear at all hearings conducted by the Town Board and testify as to the condition of unsafe buildings.
G. 
Place a notice on all unsafe buildings, reading as follows:
"This building has been found to be an unsafe building by the Building Inspector. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by certified mail, return receipt requested, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having vested or contingent interest in the same, as shown by the records of the Town Assessor or in the office of the County Clerk, of any building found by the Building Inspector to be an unsafe building within the standards set forth in § 74-30 of Chapter 74. Construction Codes, Uniform, of the Town of Washington Code. It is unlawful to remove this notice until compliance with such notice has been achieved."
H. 
For the filing of a copy of such notice in the office of the County Clerk of the county within which such building or structure is located, 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 hereinafter provided in this section. 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 the consent of the Town Attorney. The Clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as cancelled of record upon the presentation and filing of such consent or of a certified copy of such order.
The Town Board shall:
A. 
Upon receipt of a report of the Building Inspector, as provided for in § 74-33E of this chapter, give written notice to the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by certified mail, return receipt requested, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Town Assessor or in the office of the County Clerk, of any building found by the Building Inspector to be an unsafe building within the standards set forth in § 74-30 of this chapter, to appear before the Board on the date specified in the notice to show cause why the building or structure reported to be an unsafe building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in § 74-33D of this chapter.
B. 
Hold a hearing and hear such testimony as the Building Inspector or the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property as shown by the records of the Town Assessor or in the office of the County Clerk shall offer relative to the unsafe building.
C. 
Make written findings of fact from the testimony offered pursuant to § 74-34B of this chapter as to whether the building in question is an unsafe building within the terms of § 74-30 of this chapter.
D. 
Issue an order based upon findings of fact made pursuant to § 74-34C of this chapter commanding the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property as shown by the records of the Town Assessor or in the office of the County Clerk to repair, vacate or demolish any building found to be an unsafe building within the terms of this chapter, provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said unsafe building, or any person not the owner of said unsafe building but having an interest in said building may demolish said unsafe building at his or her own risk to prevent the acquiring of a lien against the land upon which said unsafe building stands by the Town as provided in § 74-34E of this chapter.
E. 
If such person fails to comply with the order provided for in § 74-34D of this chapter, within 10 days, cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in § 74-31 of this chapter and, with the assistance of the Town Attorney, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax rolls as an assessment or to be levied as a special tax against the land upon which the building stands or did stand or to be recovered in a suit at law against the owner, provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, safety or general welfare of the people of this Town, the Building Inspector shall notify the Town Attorney to take legal action to force the owner to make all necessary repairs or demolish the building.
F. 
Report to the Town Attorney the names of all persons not complying with the order provided for in § 74-34D of this chapter.
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an unsafe building, as defined herein, is immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the Town Board, and the Town Board shall cause the immediate repair, vacation or demolition of such unsafe building. The costs of such emergency repair, vacation or demolition of such unsafe building shall be collected in the same manner as provided in § 74-34E of this chapter.
In cases, except emergency cases, where the owner, occupant or lessee is absent from the Town, all notices or orders provided for herein shall be sent by certified mail, return receipt requested, to the party in interest, as described § 74-33C of this chapter, to the last known address of such party in interest, and a copy of such notice shall be posted in a conspicuous place on the unsafe building to which it relates. Such mailing and posting shall be deemed adequate service.
No officer, agent or employee of the Town of Washington shall render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of official duties under this Article VII of this chapter. Any suit brought against any officer, agent or employee of the Town of Washington as a result of any act required or permitted in the discharge of official duties under this Article VII of this chapter shall be defended by the Town Attorney until the final determination of the proceeding therein.
A. 
The chief of any fire department providing firefighting services for a property within this Town or any law enforcement official may make a report, in writing, to the Building Inspector of any building or structures which are, may be, or are suspected to be unsafe buildings within the terms of this section.
B. 
The chief of any fire department providing firefighting services for a property within this Town shall promptly notify the Building Inspector of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.