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Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
Code
New Laws (14) Index
[Adopted 10-7-2003 by L.L. No. 25-2003]
A. 
Unsafe conditions pose a threat to life and property in the Town of Babylon. Motor vehicles, boats, trailers, containers, and other objects which are nonbuildings, on private or public property, which pose a danger to the community or an attractive nuisance to children, either in and of themselves or by the situation in which they are found or their physical location pose a danger to the public, especially children, and must be immediately remedied to provide for the public good, safety, health and welfare.
B. 
Motor vehicles, boats, trailers, containers, and other objects which are nonbuildings may become unsafe by reason of damage by fire, the elements, age, general deterioration, improper support, inadequate securing, accident or other foreseen or unforeseen circumstances. If these objects are not removed and properly secured they serve as an attractive nuisance for young children who may be injured therein, as well as a point of congregation and/or shelter by and for vagrants and transients. A dilapidated object may also serve as a place of rodent infestation, thereby creating a health menace to the community. It is the purpose of this article to provide for the safety, health, protection and general welfare of persons and property in the Town of Babylon by requiring that such unsafe motor vehicles, boats, trailers, containers, and other nonbuildings or structures be demolished and/or removed.
A Town Officer or Inspector shall cause or make an inspection and report in writing to the Town Board his or her findings and recommendations in regard to the removal or demolition and removal of such unsafe motor vehicles, boats, trailers, containers, and other nonbuildings or structures, in his or her own opinion or upon receipt of information that it:
A. 
Is or may become dangerous or unsafe to the general public.
B. 
Is 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.
The said notice shall be posted at or upon the object causing the dangerous situation. An effort shall be made to notify the owner or person in charge of the object by posting said notice upon the door of the last known residence and/or any residence that the occupant of said residence may have an interest in said object.
The notice shall contain the following:
A. 
A description of the object.
B. 
A statement of the particulars in which the object is unsafe or dangerous.
C. 
An order outlining the manner in which the object is to be made safe and secure or demolished and/or removed.
D. 
A statement that the securing or removal of such object shall be done within 24 hours of the posting of the notice, and 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, failure to act or refusal of the person charged with the care or custody of the object to comply with the same, the Town Board may authorize the removal or securing of the said object 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 object should be removed from or secured upon the premises.
The Town Board shall thereafter consider such report and by resolution determine, if in the Board's opinion the report so warrants, that such object is an attractive nuisance, unsecured, unsafe or a danger to the safety, health or general welfare of persons in the Town of Babylon, and order its demolition and/or removal.
A. 
Upon a resolution of the Town Board, the Town shall enter onto the premises and remove or cause to be removed said motor vehicles, boats, trailers, containers or other objects which are nonbuildings and charge the expenses of such entry and remedial actions in the same manner as provided in Article 15 of the Town Law for the collection and removal as a special ad valorem levy.
B. 
After the removal, the objects or materials shall be stored for a period of 10 days at a rate of $10 per hundred pounds of material or objects stored per day. The owner of said materials or objects may claim said materials and objects within the 10 days by proving ownership and paying the storage costs to the Town Clerk. If the owner of said material or objects fails to claim said material or objects they shall be disposed of by the Town in any manner that the Town shall see fit, and said storage fees shall be charged against the premises in the same manner as provided in Article 15 of the Town Law as a special ad valorem levy.