Town of New Windsor, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of New Windsor 8-6-1997 by L.L. No. 5-1997 (Ch. 42 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 142.
Property maintenance — See Ch. 223.
When advised of an unsafe building or collapsed structure, the Town Board shall request an inspection and report by the Town Code Enforcement Officer and the Engineer for the Town.
A. 
Following receipt of the inspection and report, the Town Board shall cause a notice to be prepared 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 the unsafe building to be made safe and secure or removed.
B. 
The notice shall state the time within which the person served with such notice may commence the securing or removal of the building or structure. The notice shall also set forth a reasonable period of time, not to exceed 30 days, during which the action must be completed.
C. 
The notice shall provide for a hearing before the Town Board, and the hearing time and place shall be specified in the notice to repair or demolish.
A. 
The notice shall be served on the owner or one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the same, either personally or by certified mail, addressed to the last known address, if any, of the owner or 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 Receiver of Taxes and/or in the office of the County Clerk or County Register. If such service is made by certified mail, a copy of such notice shall be posted on the premises.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The notice shall also be filed in the office of the Orange County Clerk within which such building or structure is located, and the notice shall be filed by the Orange County 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, 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 the consent of the Town Attorney. The Orange County Clerk shall mark such notice and any record or docket as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
In the event that the owner fails or refuses to secure, repair or remove the unsafe building or structure within the time provided, but not to exceed 30 days, the Town may undertake the securing, repair or removal of such building or structure by Town forces or contract let pursuant to the General Municipal Law.
All costs and expense incurred by the Town of New Windsor in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, shall be assessed against the land on which said buildings or structures are located.
In cases of serious emergency, where delay will likely result in loss of life or grievous property damage, the Town Board shall have the power to proceed immediately to take such action as is needed to guard the safety of persons and secure the property. In such cases, all expenses shall be assessed against the land on which the buildings or structures are located.