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."
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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.
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.