Unsafe buildings pose a threat to life and property in the Town of East
Fishkill. Buildings and structures may become unsafe to the public by the
reason of damage by fire, the elements, vandalism, 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, increasing the danger
of fire. A dilapidated building may also become 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 East Fishkill by requiring that such
unsafe buildings be secured, repaired or demolished and removed.
This chapter shall be known and referred to as the "Unsafe Buildings
Law" of the Town of East Fishkill. All unsafe buildings are hereby declared
to be illegal and shall be abated by repair and rehabilitation or by demolition
in accordance with the procedures of this chapter and of Subdivision 16 of
§ 130 of the Town Law.
As used in this chapter, the following terms shall have the meanings
indicated:
BUILDING
Any building, structure or portion thereof in a residential, business
or industrial section.
UNSAFE
All buildings or structures which are structurally unsafe, unsanitary
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.
When in the opinion of the Building Inspector a building is or may imminently
become dangerous or unsafe to the public, he shall cause to be made or make
an inspection thereof and report in writing to the Town Board his findings
on the condition of the building and recommendations in regard to the building's
repair or demolition and removal.
After the hearing and after expiration of the time set forth in the notice to the owner in which to commence repair or removal work, and if it appears that the owner has failed or refused to comply with the order to repair or remove, then the Town Board shall provide for the safeguarding, repair or demolition and removal or such building or structure either by town employees or by contract. Except in an emergency, as provided in §
87-10 hereof, any contract for demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding.
All expenses incurred by the town in connection with the proceedings
to repair and secure or demolish and remove the unsafe building, including
legal expenses and the cost of actually removing such building, 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 of
the State of New York for the levy and collection of a special ad valorem
levy.
Where it reasonably appears that there is present a clear and imminent
danger to repair and secure or demolish and remove the unsafe building, including
legal expenses and the cost of actually removing such building, 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 of
the State of New York for the levy and collection of a special ad valorem
levy.