[HISTORY: Adopted by the Town Board of the Town of Cortlandt 4-4-1967.
Section 135-4F added and §§ 135-4J and 135-6 amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 131.
Flood damage prevention — See Ch. 175.
Sewers — See Ch. 241.
Water — See Ch. 297.
[1]
Editor's Note: See also Article H of the New York State Uniform Fire
Prevention and Building Code.
As used in this chapter, the following terms shall have the meanings
indicated:
All buildings or structures which have any or all of the following
defects:
Those whose exterior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through the center
of gravity falls outside of the middle third of its base.
Those which, exclusive of the foundation, show thirty-three percent
(33%) or more of damage or deterioration of the supporting member or members,
or fifty percent (50%) of damage or deterioration of the nonsupporting enclosing
or outside walls or covering.
Those which have improperly distributed loads upon the floors or roofs
or in which the same are overloaded or which have insufficient strength to
be reasonably safe for the purpose used.
Those which have been damaged by fire, wind or other causes so as to
have become dangerous to life, safety, morals or the general health and welfare
of the occupants or the people of the Town of Cortlandt.
Those which have become or are so dilapidated, decayed, unsafe, insanitary
or which so utterly fail to provide the amenities essential to decent living
that they are unfit for human habitation or are likely to cause sickness or
disease, so as to work injury to the health, morals, safety or general welfare
of those living therein.
Those having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human beings who
live or may live therein.
Those having inadequate facilities for egress in case of fire or panic
or those having insufficient stairways, elevators, fire escapes or other means
of communication.
Those which have parts thereof which are so attached that they may fall
and injure members of the public or property.
Those which because of their condition are unsafe, insanitary or dangerous
to the health, morals, safety or general welfare of the people of this town.
Those buildings existing in violation of any provision of the Building
Code of this town or any provision of the Fire Prevention Code[1] or other ordinance of this town.
[1]
Editor's Note: See the New York State Uniform Fire Prevention and
Building Code.
The following standards shall be followed in substance by the Building
Inspector and the Town Board in ordering repair, vacation or demolition.
A.
If the dangerous building can reasonably be repaired
so that it will no longer exist in violation of the terms of this ordinance,
it shall be ordered repaired.
B.
If the dangerous building is in such condition as to
make it dangerous to the health, morals, safety or general welfare of its
occupants, it shall be ordered to be vacated.
C.
In any case where a dangerous building is fifty-percent
damaged or decayed or deteriorated from its original value or structure, it
shall be demolished, and in all cases where a building cannot be repaired
so that it will no longer exist in violation of the terms of this chapter,
it shall be demolished. In all cases where a dangerous building is a fire
hazard existing or erected in violation of the terms of this chapter or any
ordinance of the town or statute of the State of New York, it shall be demolished.
All dangerous buildings within the terms of § 135-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The Building Inspector shall:
A.
Inspect or cause to be inspected semiannually all public buildings, halls, churches, theaters, hotels, tenements and commercial, manufacturing or loft buildings for the purpose of determining whether any conditions exist which render such places dangerous buildings within the terms of § 135-1 of this chapter.
B.
Inspect any building, wall or structure about which complaints
are filed by any person to the effect that a building, wall or structure is
or may be existing in violation of this chapter.
C.
Inspect any building, wall or structure reported, as
hereinafter provided for, by the Fire Department as probably existing in violation
of the terms of this chapter.
D.
Notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building, as shown by the land records of the Westchester County Clerk, of any building found by him to be a dangerous building within the standards set forth in § 135-1 of this chapter that:
(1)
The owner must vacate or repair or demolish said building
in accordance with the terms of the notice and this chapter.
(2)
The occupant or lessee must vacate said building or may
have it repaired in accordance with the notice and remain in possession.
(3)
The mortgagee, agent or other person having an interest
in said building as shown by the land records of the Westchester County Clerk
may, at their own risk, repair, vacate or demolish said building or have such
work or actdone, provided that any person notified under this subsection to
repair, vacate or demolish any building shall be given such reasonable time,
not exceeding thirty (30) days, as may be necessary to do or have done the
work or act required by the notice provided herein.
E.
Set forth in the notice provided for in Subsection D hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding thirty (30) days, as is reasonable.
F.
File a copy of the notice provided for in Subsection D herein with the office of the County Clerk.
[Added 8-17-1993 by L.L.
No. 2-1993]
H.
Appear at all hearings conducted by the Town Board and
testify as to the condition of dangerous buildings.
I.
Place a notice on all dangerous buildings reading as
follows: "This building has been found to be a dangerous building by the Building
Inspector. This notice is to remain on this building until it is repaired,
vacated or demolished in accordance with the notice which has been given the
owner, occupant, lessee, mortgagee or agent of this building and all other
persons having an interest in said building as shown by the land records of
the Westchester County Clerk. It is unlawful to remove this notice until such
notice is complied with."
J.
Before a building is declared a dangerous building by
the Building Inspector, he shall call upon the Director of Code Enforcement
to inspect the premises in question, and they shall together determine that
the premises is a dangerous building within the terms of this chapter.
[Amended 6-20-1978 by Res.
No. 221-78; 8-17-1993 by L.L.
No. 2-1993]
A.
The Town Board shall:
(1)
Upon receipt of a report of the Building Inspector as provided for in § 135-4G hereof, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said buildings, as shown by the land records of the Westchester County Clerk, to appear before said Town Board on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in § 135-4E.
(2)
Hold a hearing and hear such testimony as the Building
Inspector or the owner, occupant, mortgagee, lessee or any other person having
an interest in said building, as shown by the land records of the Westchester
County Clerk, shall offer relative to the dangerous building.
(4)
Issue an order, based upon findings of fact made pursuant
to Subsection C, commanding the owner, occupant, mortgagee, lessee, agent
and all other persons having an interest in said building, as shown by the
land records of the Westchester County Clerk, to repair, vacate or demolish
any building found to be a dangerous building within the terms of this chapter,
provided that any person so notified, except the owners, shall have the privilege
of either vacating or repairing said dangerous building or that any person
not the owner of said dangerous building but having an interest in said building,
as shown by the land records of Westchester County Clerk, may demolish said
dangerous building at his own risk to prevent the acquiring of a lien by the
town against the land upon which said dangerous building stands, as provided
in Subsection E hereof.
(5)
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection D hereof within ten (10) days, the Town Board shall cause such building or structure to be repaired, vacated or demolished, as the facts may warrant, under the standards hereinbefore provided for in § 135-2 of this chapter and shall, with the assistance of the Town Attorney, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien or cause such acts to be added to the tax duplicate as an easement or to be levied as a special tax against the land upon which the building stands or did stand or cause the costs to be recovered in a suit at law against the owner, provided that, in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of this town, the Town Board shall notify the Town Attorney to take legal action to force the owner to make all necessary repairs or to demolish the building.
(6)
Report to the Town Attorney the names of all persons
not complying with the order provided for in Subsection D hereof.
B.
An owner or lessee will be granted the privilege of a
hearing, upon request, within ten (10) days after service of violation from
the Building Inspector. This hearing will be conducted by the Town Board,
and the Board's decision will be final.
[Amended 8-17-1993 by L.L.
No. 2-1993]
A.
Penalty for disregarding notices or orders. The owner
of any dangerous building who shall fail to comply with any notice or order
to repair, vacate or demolish said building given by any person authorized
by this chapter to give such a notice or order shall, upon conviction thereof,
be punished by a fine not to exceed two hundred fifty dollars ($250.) or up
to fifteen (15) days in jail or by a civil penalty not exceeding three thousand
dollars ($3,000.) for each offense.
B.
The occupant or lessee in possession who fails to comply
with any notice to vacate and who fails to repair said building in accordance
with any notice given as provided for in this chapter shall, upon conviction
thereof, be punished by a fine not to exceed two hundred fifty dollars ($250.)
or up to fifteen (15) days in jail or by a civil penalty not exceeding three
thousand dollars ($3,000.) for each offense.
The Town Attorney shall:
B.
Appear at all hearings before the Town Board in regard
to dangerous buildings.
C.
Bring suit to collect all municipal liens, assessments
or costs incurred by the Town Board in repairing or causing to be vacated
or demolished dangerous buildings.
D.
Take such other legal action as is necessary to carry
out the terms and provisions of this chapter.
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the Town Board, and the Town Board shall cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in § 135-5A(5) hereof.
In cases, except emergency cases, where the owner, occupant, lessee
or mortgagee is absent from the town, all notices or orders provided for herein
shall be sent by registered mail to the owner, occupant, lessee or mortgagee
and all other persons having an interest in said building as shown by the
land records of the Westchester County Clerk, to the last-known address of
each, and a copy of such notice shall be posted in a conspicuous place on
the dangerous building to which it relates. Such mailing and posting shall
be deemed adequate service.
No officer, agent or employee of the Town of Cortlandt shall render
himself personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the furtherance of this chapter.