The purpose of this chapter is to provide for the removal or repair
of buildings or structures within the Town that from any cause may now be
or shall hereafter become dangerous or unsafe to the public.
[Amended 8-28-1991 by L.L.
No. 26-1991]
The Building Inspector or any of his designated representatives may
inspect any building, premises or structure within the Town and determine
whether any dangerous or unsafe condition exists therein.
[Amended 8-28-1991 by L.L.
No. 26-1991]
A. Notice of a dangerous or unsafe condition shall be served
on the owner or some one of the owner's executors, legal representatives,
agents, lessees or any other person having a vested or contingent interest
in the same, either personally or by certified mail sent to the last known
address of the owner or some one of the owner's executors, legal representatives,
agents, lessees or any other person having a vested or contingent interest
in the same. Said notice shall contain a statement describing the reasons
the building or structure is dangerous or unsafe and an order requiring the
same to be made safe and secure or removed. If service is made by certified
mail, a copy of the notice shall be posted on the premises. The notice shall
provide that the building, premises or structure must be made safe and secure
or removed within 14 days after service of the notice.
B. A copy of the notice shall be filed with the Westchester
County Clerk, who shall file said notice in the same manner as a notice of
pendency pursuant to Article 65 of the Civil Practice Law and Rules. Said
notice shall have the same effect as a notice of pendency.
C. In the event that the owner or some one of the owner's
executors, legal representatives, agents, lessees or any other person having
a vested or contingent interest in the same fails or refuses to make safe
and secure or remove the dangerous or unsafe condition, the Town Board may
order that such building, premises or structure be made safe, secured or removed
after holding a hearing. Notice of the hearing shall be served on the owner
or some one of the owner's executors, legal representatives, agents, lessees
or any other person having a vested or contingent interest in the same, either
personally or by certified mail. If service is made by certified mail, a copy
of the notice shall be posted conspicuously on the premises.
D. The costs and expenses incurred by the Town in connection
with the proceedings set forth in this chapter, including the costs of actually
making safe, securing or removing said dangerous or unsafe condition, shall
be assessed against the land on which the dangerous or unsafe condition is
located.