[HISTORY: Adopted by the Board of Trustees
of the Village of Wappingers Falls as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-14-1979 by L.L. No. 1-1979]
It is the finding of this Board that vacant
and unoccupied buildings within the Village constitute a potential
danger to the public health, safety and general welfare, and that
for that reason the police, fire and administrative officers of the
Village should have access to an accurate listing of the names and
addresses of the owners of such buildings or the persons having control
and management of the same.
For purposes of this article, a building shall
be deemed a vacant building when it has been continuously unoccupied
and unattended for a period of time in excess of one month.
No accessory building shall be considered vacant
unless the principal building on the lot occupied thereby is also
vacant.
The owner or person having control and management
of a vacant building within the Village of Wappingers Falls shall
file with the Police Department of said village a written statement
setting forth the name and address of such owner or person having
control and management and the telephone number, if any, at which
such person may be reached.
[Amended 2-12-1997 by L.L. No. 3-1997]
Each violation of this article shall constitute
a violation as defined in the Penal Law of the State of New York and
shall be punishable by a fine not in excess of $250 or imprisonment
for a period not exceeding 15 days, or both. Each week that such violation
shall continue shall constitute a separate violation hereof.
[Adopted 10-10-1984 by L.L. No. 6-1984]
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 or occupancy constitute a hazard to safety
or health by reason of inadequate maintenance, dilapidation, obsolescence
or abandonment are severally, for the purpose of this section, unsafe
buildings. All such unsafe buildings are hereby declared illegal and
shall be abated by repair and rehabilitation or by demolition, in
accordance with the procedure of this Article.
The Building Inspector shall examine or cause
to be examined every building reported as unsafe or damaged, as defined
in this Article, and shall make a written record of such examination.
[Added 2-12-1997 by L.L. No. 3-1997]
Before any building is demolished, in addition
to the Building Inspector, the Village Engineer shall inspect the
building and he shall put into writing his findings.
Whenever the Building Inspector shall find any
building, structure or portion thereof to be an unsafe building, as
defined in this Article, he shall 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. Such notice
shall further provide that the owner, agent or person in control of
such building may, within a stated period of time, demand a hearing
before the Village Board of Trustees for the purpose of reviewing
such determination.
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
notice to repair, rehabilitate or to demolish and remove said building
or structure or portion thereof, the Village Attorney shall be advised
of all the facts in the case and shall institute an appropriate action
in the courts to compel compliance.
[Amended 7-31-2013 by L.L. No. 4-2013]
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 and inspected and approved by the Building Inspector. 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 INSPECTOR". 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. Any violation of this section shall result in a penalty pursuant to § 1-14 as amended.
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 and take any other measures as he may deem necessary to
protect the public and, for this purpose, may close a public or private
way.
[Amended 11-13-2013 by L.L. No. 7-2013; 8-13-2014 by L.L. No. 4-2014]
Costs incurred under §§ 59-9, 59-11, 59-12 and 59-13 shall be paid out of the Village treasury on certificate of the Building Inspector. Such costs shall be charged against the land on which the building existed, as a municipal lien, or shall be added to the tax roll as an assessment or shall be levied as a special tax against the land upon which the building stands or stood or shall be recovered in a special proceeding to collect costs of demolition, including legal expenses incidental to obtaining an order of demolition against the owner.
