[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.]
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]
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.
