City of Kingston, NY Procedure for Repair or Removal

In addition to any other remedies at law available to compel the removal of any building or structure that endangers the health, safety or welfare of the public:

All unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this section.

The Building Safety Officer/Code Enforcement Officer shall inspect or cause to be inspected every reported unsafe building.

Whenever the Building Safety Officer/Code Enforcement Officer shall find any building or structure or portion thereof to be an unsafe building, the Building Safety Officer shall serve or cause to be served upon the owner and any lien holder of the property a notice as provided herein. Service of said notice can be effected upon the owner or lien holder either personally or by registered mail, addressed to his or her last known address, as shown on the records of the Tax Assessor, and/or in the records in the office of the County Clerk, or in the records of the Kingston Building Department. Service can alternatively be effected upon the agent registered by the owner pursuant to Chapter 332 of this Code, either personally or by registered mail to the address provided in said registration. The notice shall contain a description of the premises, a statement describing the specific unsafe condition and an order of the Building Safety Officer/Code Enforcement Officer requiring that the building or structure be repaired or removed within a stated time. The notice shall also specify the date, time and place of a hearing to be held with respect to the order to repair and/or remove the structure. The notice shall be served no less than 20 days prior to the date of the hearing provided therein. If such notice is made by registered mail, the Building Safety Officer/Code Enforcement Officer shall conspicuously post a copy of such notice on the premises.

The owner and any lien holder shall have 30 days within which to provide the Building Safety Officer/Code Enforcement Officer with acceptable plans to remedy the unsafe building and obtain a permit for said plans, or to submit plans and obtain a permit for the removal of the unsafe building. Upon issuance of the building permit, work must commence within 15 days from the issuance thereof and be completed within six months from issuance of the permit. Failure of the owner or lien holder to comply with these provisions will result in a fine of $100 per day retroactive to the date of the notice.

The Building Safety Officer/Code Enforcement Officer shall file or cause to be filed a copy of the notice served pursuant to Subsection C above in the office of the County Clerk of Ulster County, which notice shall be filed by such Clerk in the same manner as a notice of pendency as provided by said Clerk, except as otherwise hereinafter 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 Corporation Counsel of the City of Kingston. The County Clerk of Ulster County shall mark such notice and record or docket thereof as canceled upon presentation and filing of such consent or of a certified copy of such order.

Such owner shall have the right to a hearing with respect to the notice to repair or remove before the Building Safety Officer/Code Enforcement Officer in charge of the City of Kingston Department of Building Safety and Zoning Enforcement at a time and place specified in the notice to repair and remove.

The decision of the Building Safety Officer/Code Enforcement Officer in charge of the City of Kingston Department of Building Safety and Zoning Enforcement may be appealed to the City of Kingston Office of Corporation Counsel. A request for an appeal shall be served upon the Office of Corporation Counsel of the City of Kingston and upon the Building Safety Officer/Code Enforcement Officer, and the City Clerk within 10 days from the date of the notice of determination made following the hearing. The appeal shall not be a trial de novo, but the parties shall have the right to present such additional written evidence or argument as they desire. The Office of Corporation Counsel shall have the right to request such additional evidence as it deems necessary to make a decision.

If a determination is made following the hearing and the appeal, if any, that the building or structure is an unsafe building and the owner or lien holder fails or refuses to comply with the order to repair or remove within 30 days from the date of the determination of the Building Safety Officer/Code Enforcement Officer in charge of the City of Kingston Building Department or the Office of Corporation Counsel in the event of an appeal, the City of Kingston may proceed to remove the unsafe condition, structure or building.

All costs and expenses incurred by the City of Kingston in connection with the proceeding to repair or remove the unsafe building, including but not limited to the cost of actually removing the unsafe building and the disposal of the material so removed, shall be assessed against the land on which the unsafe building is located.

If the Building Safety Officer/Code Enforcement Officer finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building structure or portion thereof to be vacated forthwith and not reoccupied until the specific repairs and improvements are completed, inspected and approved by the Building Safety Officer. The Building Safety Officer/Code Enforcement Officer shall cause to be posted at each entrance to such building a notice: "This building is unsafe and its use or occupancy has been prohibited by the City of Kingston Department of Building Safety & Zoning Enforcement" Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation, or their agents or other servants, to remove such notice without written permission of the Building Safety Officer/Code Enforcement Officer.

In case the owner or lien holder cannot be served within the time provided herein for service of such notice, the Corporation Counsel shall be advised of all facts in the case and shall take such action as he or she determines to be appropriate to effectuate adequate service of the notice as provided by law.

In cases of emergency which, in the opinion of the Building Safety Officer/Code Enforcement Officer, involve imminent danger to human life or health, the Building Safety Officer/Code Enforcement Officer shall promptly cause such building, structure or portion thereof to be made safe or removed. For this purpose, the Building Safety Officer/Code Enforcement Officer 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 Building Safety Officer/Code Enforcement Officer 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.