[HISTORY: Adopted by the Town Board of the Town of Pawling 5-1-1973
as L.L. No. 1-1973. Amendments noted where applicable.]
The purpose of this chapter is to promote, protect and preserve the
health, welfare and property of residents and owners of property within the
town by providing for the removal or repair of buildings, residences and structures
therein that from any cause may now be or shall hereafter become dangerous,
unsafe, a public nuisance or a fire hazard to the public.
The Code Enforcement Officer of the town is hereby authorized to enter
onto any of the premises in the town, whether public or private, for the purpose
of inspection, whenever said Code Enforcement Officer is reasonably sure that
any building on the premises is dangerous, unsafe, a public nuisance or a
fire hazard to the public, or in the proper discharge of his duties.
The inspection report of any dangerous, unsafe or collapsed building
shall be in writing and shall be made either to the Supervisor or to the Town
Board.
A.
Notice required. Should the report provided for in § 79-3 indicate a building to be unsafe, dangerous, collapsed or in danger of collapse, a notice on behalf of the town shall be served on the owner or one of the owner's legal representatives, agents, lessees or any other person having a vested or contingent interest in such property.
B.
Contents and service of notice. Such notice shall be
in writing, shall contain a description of the property and the particulars
in which the building is dangerous or unsafe and an order requiring the same
to be made safe, and may be served either within or without the State of New
York, personally or by registered mail, addressed to the last known address,
if any, of the owner or one of the owner's legal representatives, agents,
lessees or other persons having a vested or contingent interest in the same
as shown by the records of the Assessor of the town. Should such notice be
served by registered mail within or without the State of New York, a copy
of the same shall be posted on the premises.
The Town Board of the town shall determine the respective dates to be inserted in each notice provided for in § 79-4, and in each instance the notice to be served shall be subscribed on behalf of the Town Board of the town by the Town Clerk of said town.
A.
Should the person served with the notice provided for in § 79-4, or other persons having an interest in said property, fail to comply with such notice within the time stated therein, a survey shall be made by an official of the town and a practical builder, engineer or architect to be named by the Town Board and a practical builder, engineer or architect appointed by the person notified as above; and in the event of a neglect or refusal of the person notified to appoint such surveyor, then the two surveyors named by the town shall make the survey and report.
B.
Order directing abatement of condition. The notice given as provided in § 79-4 shall also state that in case the survey shall show the building to be unsafe or dangerous, an application will be made at a special term of the Supreme Court of the State of New York, not less than five days nor more than 30 days after submission of the surveyor's report to the Town Clerk of the Town Board, 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 survey provided for in § 79-6 shall be posted on a building condemned hereunder.
All costs and expenses incurred by the town in connection with proceedings
to remove or secure a building or structure, including the cost of actually
removing such building or structure, shall be assessed against the land on
which said building or structure is located and shall be and become a lien
on said land as of the date of such assessment. The lien of the town for such
costs and expenses shall have priority over all other liens and encumbrances,
except the liens of taxes and assessments which constitute prior liens.
The remedies of the town as herein set forth shall not be exclusive,
but the town shall have any other and further remedy at law or otherwise by
injunction or otherwise now existing under the laws of the State of New York,
and any and all such remedies shall be deemed cumulative, and the pursuit
of any remedy shall not be construed as an election or waiver of the right
to pursue any and all others.
