[HISTORY: Adopted by the Town Board of the Town of Philipstown 9-3-1987
as L.L. No. 5-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 62.
A.
When, in the opinion of the official appointed by the
Town Board of the Town of Philipstown for the purpose of enforcing this chapter,
any structure located therein shall be deemed to be unsafe or dangerous to
the public, he shall make a formal inspection thereof and report, in writing,
to the Town Board his findings and recommendations in regard to its removal
or repair.
B.
The Town Board shall thereafter consider this report
and, by resolution, determine, if in its opinion the report so warrants, that
said structure or building is unsafe or dangerous and order that it be made
safe and secure or demolished and removed, and further order that a notice
shall be given in the manner hereinafter provided.
A.
The notice shall contain the following:
(1)
A description of the premises.
(2)
A statement of the particulars in which the building
or structure is considered unsafe or dangerous.
(3)
An order that the building be made safe and secure or
be demolished and removed.
(4)
A statement that the securing or removal of such building
shall commence within 30 days of the service of notice and shall be completed
within 60 days thereafter, unless, for good cause shown, such time shall be
extended.
(5)
A date, time and place for a hearing before the Town
Board in relation to such dangerous or unsafe building or structure, which
hearing shall be scheduled not less than five business days from the date
of service of the notice.
(6)
A statement that, in the event of neglect, failure or
refusal to comply with the order to secure or demolish and remove the building
or structure, the Town Board is authorized to provide for its being made safe
and secure, but if not reasonable or practicable, to provide for its demolition
and removal, to assess all costs and expenses thereof against the land on
which it is located and to institute a special proceeding to collect the costs
of demolition, including legal expenses.
B.
Said notice shall be served in the following manner:
on 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 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 same, as shown by the records of the Receiver of Taxes, and if
such service be made by registered mail, for a copy of such notice to be posted
on the premises.
C.
A copy of said notice served as provided herein shall
be filed in the office of the County Clerk of the County of Putnam in the
same manner as a notice of pendency pursuant to Article 65 of the Civil Practice
Law and Rules.
In the event of the neglect, failure or refusal of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the securing or demolition and removal of such building or structure, either by town employees or by contract, except in cases of emergency as provided by § 66-4 hereof. Any contract for the securing or demolition and removal of a building or structure shall be subject to the competitive bidding requirements of § 103 of the General Municipal Law, when applicable.
In cases of emergency which, in the opinion of the Town Board, involve
imminent danger to human life or health, the Board shall promptly cause such
building, structure or portion thereof to be made safe and secure or removed.
For this purpose, the town may at once enter such structure or land on which
it stands or abutting land or structure with such assistance and at such cost
as may be necessary. The town may vacate adjacent structures and protect the
public by appropriate barricades or such other means as may be necessary and,
for this purpose, may close a public or private way.
All costs and expenses incurred by the town in connection with the proceedings
to remove or secure, including the cost of actually removing said buildings
or structures, shall be assessed against the land on which said buildings
or structures are located.
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy or
maintain any building or structure or portion thereof in violation of any
provision of this chapter or to fail, in any manner, to comply with a notice,
directive or order of the Town Board or a town official or to construct, alter
or use and occupy any building or structure or part thereof in a manner not
permitted by an approved building permit or certificate of occupancy.
B.
A violation of this chapter shall be an offense which
may be prosecuted in a court of competent jurisdiction in lieu of a civil
action.
C.
Any conviction hereunder shall be punishable by a fine
of not more than $250 or 15 days in jail, or both. Each day that a violation
continues shall be deemed a separate offense.
D.
This section shall not apply to violations
of the provisions of the State Uniform Fire Prevention and Building Code which
are punishable under § 382 of the Executive Law of the State of
New York, nor to violations of the provisions of the Multiple Residence Law
of the State of New York which are punishable as set forth therein.
