[HISTORY: Adopted by the Town Board of the Town of New Lebanon 6-11-1984
by L.L. No. 1-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch.
108.
This chapter shall be known as the "Unsafe Building Demolition Law."
The Bui1ding Inspector of the Town of New Lebanon will be charged with
the responsibility of carrying out the obligations and duties set forth in
this chapter.
A.
No person, firm, corporation or association, who or which
is the owner of a building in the Town of New Lebanon, shall cause, suffer,
allow or permit the said building to become dangerous or unsafe to the public
or to any person or property.
B.
The Building Inspector of the Town of New Lebanon shall
have the right to inspect buildings within the town to determine whether they
are or may become dangerous or unsafe to the public, or to any person or property.
C.
If, as the result of any such inspection, the Building
Inspector of the town shall determine that any building is or may become dangerous
or unsafe to the public or to any person or property, he shall prepare a notice
to be served on the owner, or some one of the owner's executors, legal
representatives, agents, lessees, or any other person have a vested or contingent
interest in same either personally or by registered mail, 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 Collector
of Taxes, and/or the records of the Columbia County Clerk, containing a description
of the premises, a statement of the particulars, in which the building or
structure is unsafe or dangerous, and an order requiring same to be made safe
and secure or removed, and if such service be made by registered mail, a copy
of such notice shall be posted on the premises; said notice shall further
require the person served with the same to commence and complete the repair
or removal of the unsafe buildings or structures within a specified period
of time.
D.
Said notice shall further provide for a hearing to be
held before the Town Board at a time and place to be specified, at which hearing
the owner or persons having an interest in the property or structure will
have an opportunity to appear and respond to the notice to repair or remove.
E.
A copy of said notice may be filed by the Building Inspector
of the town in the office of the Columbia County Clerk and, when so filed,
shall have the same effect as a notice of pendency filed pursuant to the provision
of Article 65 of the Civil Practice Law and Rules of the State of New York.
A.
In the event the owner fails to repair or remove the
building or structure within the time specified in the foregoing notice, the
town shall have the power to and may immediately proceed to repair and remove
the same and to assess all costs and expense with regard thereto, including
the cost and expense necessary with regard to any legal proceedings, and including
also the cost of actually removing the building or structure, against the
land on which said buildings or structures are located.
B.
If the owner shall fail to pay said costs and expenses
within ten days after being notified of the same by mail, the Town Clerk shall
file, prior to the time for competing the levy of annual town taxes, a certificate
of said cost and expense with a statement as to the property upon which the
same were incurred, with the Town Board, which shall, in the preparation of
the next annual tax levy of general town taxes, levy the said amounts upon
such property, and the same shall be levied, collected and enforced in the
same manner, by the same proceedings at the same time, with the same penalties
and having the same lien upon the property assessed as the general town tax
and as a part thereof.
In cases of an emergency, where the above proceedings would result in
delay and resulting injury to life or property, the supervisor of the town
shall have the power to direct the Building Inspector to proceed at once to
take such action as is needed to ensure the safety of affected persons and
property.
