Fire prevention and building construction — See Ch. 56.
§ 41-2Designation of enforcing official.
§ 41-3Repair or removal; inspections and reports; notice of unsafe structure.
§ 41-4Posting of survey report; compensation of surveyors.
§ 41-5Assessment of costs.
§ 41-6Emergency provisions.
This chapter shall be known as the "Unsafe Building Demolition Ordinance."
The Board of Trustees of the Village of Rhinebeck shall appoint the Building Inspector, who will be charged with the responsibility of carrying out the obligations and duties set forth in this chapter.
No person, firm or corporation or association who or which is the owner of a building in the Village of Rhinebeck 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 the failure of the owner of any such building to repair or remove the same, the Building Inspector of the Village of Rhinebeck shall make a complete inspection and report of the condition of said building to the Board of Trustees of said Village.
Notice shall thereafter be served on the owner or some one of the owners, executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in said building. Said notice shall contain a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring said building or structure to be made safe and secure or removed. Said notice shall also provide for the time within which the person served with said notice shall commence and complete the securing or removal of the building or structure. In the event of the neglect or refusal of the person so served with said notice to comply with same, a survey of the premises shall be made by the Building Inspector and a practical builder, engineer or architect to be named by the Board of Trustees of said Village and a practical builder, engineer or architect appointed by the person notified as above, and in the event of the refusal or neglect of the person so notified to appoint such surveyor, the two surveyors named shall make the survey and report. The notice shall further provide that in the event that the building or other structure shall be reported dangerous or unsafe under such circumstances, an application will be made to the Supreme Court of the State of New York for an order determining that the building or other structure is a public nuisance and directing that it shall be repaired and secured or taken down and removed.
A signed copy of the report of surveys shall be posted on the building, and the surveyors appointed by the Board of Trustees shall be compensated by the Village.
All costs and expenses incurred by the Village 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.
Costs of removal.
If such owner or person served by mail as hereinabove provided shall fail to pay the costs and expenses incurred by the Village within 10 days after being notified of the costs thereof by registered mail, the Village 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 expenses were incurred and the buildings or other obstructions removed, as the case may be, with the Assessor of the Village, who shall, in the preparation of the next assessment roll of general Village 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 Village tax and as a part thereof.
The Village may commence a special proceeding in a court of competent jurisdiction to collect the costs of demolition, including reasonable and necessary legal expenses incidental to obtaining an order to demolish, from the owner of any building or structure that may now be or shall hereafter become dangerous or unsafe to the public. The provisions of Article 4 of the Civil Practice Law and Rules shall govern any special proceeding commenced under this section.
In cases of great emergency, where the delay of proceedings, as hereinbefore provided, would result in probable loss of life or property, the Mayor or Manager shall have the power to direct the Building Inspector to proceed at once to take such action as is needed to guard the safety of persons and property.