[HISTORY: Adopted by the Town Board of the
Town of Babylon 3-7-1978 by L.L. No. 1-1978; amended in its entirety 1-6-1981 by L.L. No. 1-1981. Subsequent amendments noted where applicable.]
Unsafe buildings pose a threat to life and property
in the Town of Babylon. Buildings and structures may become unsafe
by reason of damage by fire, the elements, age or general deterioration.
Vacant buildings not properly secured at doorways and windows also
serve as an attractive nuisance for young children who may be injured
therein, as well as a point of congregation by vagrants and transients.
A dilapidated building may also serve as a place of rodent infestation,
thereby creating a health menace to the community. It is the purpose
of this chapter to provide for the safety, health, protection and
general welfare of persons and property in the Town of Babylon by
requiring that such unsafe buildings be repaired or demolished and
removed.
[Amended 5-24-2011 by L.L. No. 11-2011]
As used in this chapter, the following terms
shall have the meanings indicated:
Any building, structure or portion thereof used for residential,
business or industrial purposes.
A Building Inspector of the Town of Babylon or such other
person appointed by the Town Board to enforce the provisions of this
code.
A Zoning Inspector of the Town of Babylon or such other person
appointed by the Town Board to enforce the provisions of this code.
[Amended 6-21-2005 by L.L. No. 17-2005]
The Building Inspector, Zoning Inspector and/or
licensed surveyor or engineer shall cause or make an inspection and
report in writing to the Town Board his/her findings and recommendations
in regard to the repair or demolition and removal of a building when
in his/her own opinion or upon receipt of information that, it:
A.
Is or may become dangerous or unsafe to the general
public;
B.
Is open at the doorways and windows making it accessible
to and an object of attraction to minors under 18 years of age, as
well as to vagrants and other trespassers;
C.
Is or may become a place of rodent infestation;
D.
Presents any other danger to the health, safety, morals
and general welfare of the public;
E.
Is unfit for the purposes for which it may lawfully
be used.
[Amended 5-24-2011 by L.L. No. 11-2011]
A notice of hearing shall be served upon the owner, executor,
administrator, legal representative, agent, lessee or any person having
a vested or contingent interest in such unsafe building as shown by
the records of the Receiver of Taxes and/or in the office of the County
Clerk or County Register. The notice shall contain the following:
A.
A description
of the premises.
B.
A statement
of the particulars in which the building is unsafe or dangerous.
C.
An order
outlining the manner in which the building is to be made safe and
secure or demolished and removed.
D.
If the building is to be made safe and secure, a statement that the securing shall be completed within five days of the service of the notice, unless, for good cause shown, such time shall be extended or for a shorter period of time if necessary to protect the life, safety or health of any person or property. If the building is to also be removed, a statement that the removal shall be completed within 120 days of the securing provided for in Subsection A, unless, for good cause shown, such time shall be extended or for a shorter period of time if it is determined by the Building Inspector, Zoning Inspector and/or Engineer, that is necessary to protect the life, safety or health of any person or property.
E.
A statement
that in the event of neglect or refusal of the person served with
the notice to comply with the same, the Town Board may authorize the
removal or securing of the said building or structure and to assess
the costs and expenses of securing or removing same against the land
on which it is located.
F.
Said notice
shall also specify a time and place for a hearing before the Town
Board to determine whether or not any building or structure should
be removed from and/or secured upon the premises.
G.
Said notice
shall be filed in the office of the Clerk of the Court of Suffolk
in the same manner as a notice of pendency and shall have the same
effect thereof.
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building
is unsafe or dangerous.
C.
An order outlining the manner in which the building
is to be made safe and secure or demolished and removed.
D.
A statement that the securing or removal of such building
shall commence within 30 days of the service of the notice and shall
be completed within 60 days thereafter, unless, for good cause shown,
such time shall be extended or for a shorter period of time if necessary
to protect the life, safety or health of any person or property.
E.
A statement that in the event of neglect or refusal
of the person served with the notice to comply with the same, the
Town Board may authorize the removal or securing of the said building
or structure and to assess the costs and expenses of securing or removing
same against the land on which it is located.
F.
Said notice shall also specify a time and place for
a hearing before the Town Board to determine whether or not any building
or structure should be removed from or secured upon the premises.
G.
Said notice shall be filed in the office of the Clerk
of the Court of Suffolk in the same manner as a notice of pendency
and shall have the same effect thereof.
[Amended 8-14-2001 by L.L. No. 8-2001; 4-9-2008 by L.L. No.
8-2008]
The said notice shall be served upon the owner,
executor, administrator, legal representative, agent, lessee or any
person having a vested or contingent interest in such unsafe building
either personally or by certified mail, return receipt requested,
addressed to the last known address, if any, of the owner, executor,
administrator, legal representative, agent, lessee or any person having
a vested or contingent interest in the property, as shown by the records
of the Receiver of Taxes and/or in the office of the County Clerk
or County Register; and if such service be made by certified mail,
return receipt requested, a copy of such notice shall be securely
affixed upon the building or structure which is the subject of the
notice.
[Amended 5-24-2011 by L.L. No. 11-2011]
A copy of the notice served, as provided herein,
shall be filed in the office of the Town Clerk and the County Clerk
of the County of Suffolk.
[Amended 5-24-2011 by L.L. No. 11-2011]
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board 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 third-party contractor. Except in emergency as provided in § 92-10 hereof, any contract for demolition and removal of a building in excess of $50,000 shall be awarded through competitive bidding.
[Amended 5-24-2011 by L.L. No. 11-2011]
All expenses incurred by the Town in connection
with the proceedings to repair and secure or demolish and remove the
unsafe building, including the cost of actually removing such building
and an administrative fee of $2,500, shall be assessed against the
land on which such building is located and shall be levied and collected
in the same manner as provided in Article 15 of the Town Law for the
levy and collection of a special ad valorem levy.
[Amended 10-5-1993 by L.L. No. 9-1993; 6-19-2007 by L.L. No.
10-2007; 5-24-2011 by L.L. No. 11-2011]
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe building is immediately repaired and secured or demolished, the Commissioner of Planning and Development or his or her designee may authorize the Building Inspector, Zoning Inspector or Engineer to immediately cause the repair, securing or demolition of such unsafe building. Pending the enactment of the Town Board resolution, the Commissioner of Planning and Development or his or her designee may, upon recommendation of a Building Inspector, Zoning Inspector or Engineer, order all occupants of the unsafe building to immediately vacate the unsafe building. The Town Attorney is hereby authorized to take all legal action necessary to remove all occupants from the unsafe building. The expenses of such repair, securing or demolition and removal of occupants, costs and expenses, including the cost of the Town Attorney’s office (attorney salaries, etc.), shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 92-9 hereof.
A surveyor or engineer may be appointed to determine
if a building or structure is unsafe, and he shall be paid reasonable
compensation as shall be fixed by the Town Board.
[Added 4-24-2024 by L.L. No. 9-2024]
In addition to the foregoing, any person who shall enter or
remain in a building designated and posted as unsafe by an ordinance
inspector, building inspector, zoning inspector, fire marshal or police
officer shall be guilty of a misdemeanor, and upon conviction thereof,
a fine of not less than $2,500 nor more than $7,500 must be imposed
and a term of imprisonment for a period not to exceed one year may
be imposed, or both. Any person found by the Bureau of Administrative
Adjudication to have entered or remained in a building designated
as unsafe shall likewise be subject to a monetary penalty in an amount
within the range of fines authorized herein for any such offense.
Knowledge that the building had been previously posted by a building
inspector, zoning inspector, or fire marshal as unsafe is not an element
of this violation, and said violation shall be one of strict liability.
