[HISTORY: Adopted by the Town Board of the
Town of Milan 8-10-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 121.
The title of this chapter shall be known as
the "Unsafe Building Demolition Ordinance."
[Added 4-22-1996 by L.L. No. 1-1996]
As used in this chapter, the following terms
shall have the meanings indicated:
Any building or structure which is structurally unsound,
unsanitary or not provided with adequate ingress and egress; or which
constitutes a fire hazard; or which has become unsafe by reason of
damage by fire, the elements, age or general deterioration; or which,
in relation to an existing use, constitutes a hazard to public health,
safety or welfare by reason of inadequate maintenance, dilapidation,
obsolescence or abandonment; or which is otherwise dangerous to human
life.
[Amended 1-8-2007 by L.L. No. 2-2007]
The Town Board of the Town of Milan shall appoint
the Code Enforcement Officer to be charged with the responsibility
of carrying out the obligations and duties set forth in this chapter.
[Amended 1-8-2007 by L.L. No. 2-2007]
No person, firm or corporation or association,
who or which is the owner of a building in the Town of Milan, shall
cause, suffer, allow or permit said building to become dangerous or
unsafe to the public. In the event that any building now is or hereafter
becomes dangerous or unsafe to the public, from any cause whatsoever,
said owner or occupant shall repair or remove said building. In the
event of failure of the owner of any such building to repair or remove
the same, the Code Enforcement Officer of the Town of Milan shall
make a complete inspection and report of the condition of said building
to the Town Board of said Town of Milan.
[Amended 4-22-1996 by L.L. No. 1-1996]
Notice shall thereafter 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 said
building, either personally or by registered or 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 persons having a vested or contingent interest
in same, as shown by the records of the Receiver of Taxes or in the
office of the 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 the same to be made
safe and secure or removed and, if such service be made by registered
or certified mail, for a copy of such notice to be posted on the premises.
Said notice shall also indicate the time within which compliance with
the order is required.
The owner or other person having a vested or
contingent interest in said building or structure shall repair or
remove the same in accordance with the aforementioned notice duly
served, and said repair or removal shall be at the sole expense of
said owner or other person.
A copy of the notice provided for in § 105-5 shall be filed in the office of the Dutchess County Clerk in the same manner as a notice of pendency under Article 65 of the Civil Practice Law and Rules. The filing of said notice shall have the same effect as a notice of pendency, but shall be effective only for a period of one year from the date of filing. Said notice, however, may be vacated upon the order of a Judge or Justice of a Court of record or upon the consent of the Town Attorney, whereupon the Dutchess County Clerk shall mark such notice and any record or docket thereof as canceled upon the presentation and filing of a certified copy of the order or of the consent.
The notice to repair or demolish as provided for in § 105-5 shall contain a notice to the effect that a hearing will be held before the Town Board of the Town of Milan at a time and place to be specified and to be not less than seven days after the service of said notice.
In the event that the owner or any person having
a vested or contingent interest in said premises, who shall have been
duly served with the notice, fails or refuses to repair or remove
the building or structure upon said premises within the time specified
in said notice, the Town is hereby authorized to remove the same.
All costs and expenses incurred by the Town
in connection with any and all of the above proceedings to remove
or secure, including the cost of actually removing said building or
structure or securing the same, shall be assessed against the land
on which the building or structure is located.
If such owner or person served by mail as hereinabove
provided shall fail to pay the costs and expenses incurred by the
Town within 10 days after being notified of the costs thereof by registered
mail, the Town Clerk shall file, immediately preceding the time for
making the annual assessment roll, a certificate of such actual cost
and expense, with a statement as to the property upon which such cost
and expense were incurred and the buildings or other obstructions
removed, as the case may be, with the Assessors of the Town of Milan,
who shall, in the preparation of the next assessment roll of general
Town taxes, assess such amount upon such property, and the same shall
be levied, collected and enforced in the same manner, by the same
proceedings, at the same time, under the same penalties and having
the same lien upon the property assessed as the general Town tax and
as a part thereof.
[Amended 1-8-2007 by L.L. No. 2-2007]
In cases of great emergency, where the delay
of proceedings as hereinbefore provided would result in probable loss
of life or property, the Supervisor shall have the power to direct
the Code Enforcement Officer to proceed at once to take such action
as is needed to guard the safety of persons and property.
[Added 4-22-1996 by L.L. No. 1-1996]
Any person, firm or corporation who or which
shall violate any provision of this chapter shall, upon conviction
thereof, be subject to a maximum fine of $250 or imprisonment for
not more than 15 days, or both.
