[HISTORY: Adopted by the Town Board of the Town of Rosendale 7-14-1976
by L.L. No. 2-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 27.
The title of this chapter shall be known as the "Unsafe Building Demolition
Law."
All buildings or structures which have any or all of the following defects
shall be deemed dangerous buildings:
A.
Those whose interior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
B.
Those which, exclusive of the foundation, show 33% or
more of damage or deterioration of the supporting member or members or 50%
of damage or deterioration of the nonsupporting enclosing or outside walls
or covering.
C.
Those which have improperly distributed loads upon the
floors or roofs or in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the purpose used.
D.
Those which have been damaged by fire, wind or other
causes so as to have become dangerous to life, safety, morals or the general
health and welfare of the occupants or the people of the Town of Rosendale.
E.
Those which have become or are so dilapidated, decayed,
unsafe, unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation or are likely to
cause sickness or disease so as to work injury to the health, morals, safety
or general welfare of those living therein.
F.
Those having light, air and sanitation facilities which
are inadequate to protect the health, morals, safety or general welfare of
human beings who live or may live therein.
G.
Those having inadequate facilities for egress in case
of fire or panic or those having insufficient stairways, elevators, fire escapes
or other means of escape.
H.
Those which have parts thereof which are so attached
that they may fall on and injure members of the public or property.
I.
Those which because of their condition are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the people
of this Town.
K.
Any building or structure which remains vacant and unattended
continuously for a period of five years.
The following standards shall be followed in substance by the Building
Inspector and the Board of Appeals in ordering repair, vacation or demolition:
A.
If the dangerous building can reasonably be repaired
so that it will no longer exist in violation of the terms of this chapter,
it shall be ordered repaired.
B.
If the dangerous building is in such condition as to
make it dangerous to the health, morals, safety or general welfare of its
occupants, it shall be ordered to be vacated.
C.
In any case where a dangerous building is 50% damaged
or decayed or deteriorated from its original value or structure, it shall
be demolished, and in all cases where a building cannot be repaired so that
it will no longer exist in violation of the terms of this chapter, it shall
be demolished. In all cases where a dangerous building is a fire hazard existing
or erected in violation of the terms of this chapter or any ordinance or law
of the Town or statute of the State of New York, it shall be demolished.
A.
No person, firm, corporation or association who or which
is the owner of a building in the Town of Rosendale shall cause, suffer, allow
or permit the 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, the said owner or occupant shall
repair or remove the same.
B.
The Building Inspector of the Town of Rosendale shall
make a complete inspection and report of the condition of the said building
to the Town Board of the Town of Rosendale.
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 the said building. The 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 the
said building or structure to be made safe and secure or removed. The said
notice shall also provide for the time within which the person served with
the 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
the said notice to comply with the same, a survey of the premises shall be
made by an inspector and engineer to be named by the Town Board of the Town
of Rosendale and a particular 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 survey, an application will be made at a special term
of the Supreme Court of the State of New York, Ulster County, for an order
determining the building or other structure to be 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 Town Board of the Town of Rosendale shall
be compensated by the Town of Rosendale.
All costs and expenses incurred by the Town of Rosendale in connection
with any and all of the above proceedings to remove or secure, including the
cost of actually removing the 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 of Rosendale 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 was incurred and the buildings
or other obstructions removed, as the case may be, with the Assessor of the
Town of Rosendale who shall, in the preparation of the next assessment roll
of the Town of Rosendale taxes, assess such amount upon such property, and
the same shall be levied, collected and enforced in the manner, by the same
proceedings, at the same time, under the same penalties and having the same
lien upon the property assessed as general to Town taxes and as a part thereof.
In cases of great emergency, where the delay of proceedings as hereinbefore
provided would result in probable loss of life or property, the Supervisor
of the Town of Rosendale 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.
