City of Beacon, NY
Dutchess County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Beacon 1-17-1972 as Art. V of Ch. 8 of the 1972 Code of Ordinances. Amendments noted where applicable.]
Building Inspector — See Ch. 11.
Uniform Fire Prevention and Building Code — See Ch. 119.
Housing standards — See Ch. 135.
All buildings or structures which are structurally unsafe, insanitary or not provided with adequate egress or which constitute a fire hazard or are otherwise dangerous to human life or which, in relation to existing use, constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this chapter, unsafe buildings. All such 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 chapter.
Any accessory structure, including but not limited to a swimming pool, shall be included within the definition of "unsafe buildings" as set forth in Subsection A above.
[Added 4-6-1998 by L.L. No. 3-1998]
The Building Inspector shall examine or cause to be examined every building reported as unsafe or damaged and shall make a written record of such examination.
Whenever the Building Inspector shall find any building or structure or portion thereof to be an unsafe building as defined in this chapter, he shall, in the same manner as provided for the service of stop orders,[1] give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements or to demolish and remove the building or structure or portion thereof.
Editor's Note: See Ch. 119, Uniform Fire Prevention and Building Code.
If the Building Inspector 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 specified repairs and improvements are completed, inspected and approved by the building official. The Building Inspector 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 BUILDING DEPARTMENT." 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 Inspector or for any person to enter the building, except for the purpose of making the required repairs or of demolishing the same.
In case the owner, agent or person in control cannot be found within the stated time limit or if such owner, agent or person in control shall fail, neglect or refuse to comply with the notice to repair, rehabilitate or demolish and remove such building or structure or portion thereof, the City Council shall be advised of all the facts in the case and shall institute an appropriate action in the courts to compel compliance.
[Amended 4-6-1998 by L.L. No. 3-1998]
In cases of emergency which, in the opinion of the Building Inspector, involve imminent danger to human life or health, he shall promptly cause such building, structure or portion thereof to be made safe or removed. For this purpose, he 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. He 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. The Building Inspector shall take such action as is required to abate the danger that exists on the property, including but not limited to draining a pool and securing the property from trespassers.
[Amended 4-6-1998 by L.L. No. 3-1998]
The actual cost to the City of said remediation, plus a sum equal to 5% of such actual cost for inspection and other additional costs in connection therewith, shall be certified to the City Administrator. This amount shall become a lien upon the property on which remediation has become due and payable with the taxes remitted by the property owner upon the next tax bill prepared by the City.