[HISTORY: Adopted by the Town Board of the Town of Shelter Island 2-16-1970.
Amendments noted where applicable.]
This chapter shall be known as the "Unsafe Building Ordinance of the
Town of Shelter Island."
All buildings and/or structures in the Town of Shelter Island which
are dangerous and/or unsafe to the public by reason of dilapidation, obsolescence,
abandonment or any other cause are, for the purpose of this chapter, "unsafe
buildings." All such unsafe buildings shall be removed or repaired in accordance
with the provisions of this chapter.
[Amended 10-24-2002 by L.L. No. 13-2002]
The Building Inspector shall inspect any building or structure, either
upon a complaint or upon his own knowledge, where a building or structure
may be dangerous or unsafe pursuant to the provisions of this chapter and
shall report to the Town Board all dangerous and/or unsafe buildings or structures
in the Town of Shelter Island of which he has knowledge and which he believes
in any way violates the provisions of this chapter. The report shall include
the date of the inspection, the condition of the building or structure, a
determination as to whether the building or structure is dangerous or unsafe,
an opinion as to what caused the condition and recommendations for the correction
of any dangerous or unsafe condition.
[Amended 10-24-2002 by L.L. No. 13-2002]
A.
Where the Town Board, pursuant to the Building Inspector's
report, finds a building or structure to be dangerous or unsafe, the Board,
by resolution, shall direct the Building Inspector to give notice to be served
on the owner or some one of the owner's executors, legal representatives,
agents, lessees or other person having a vested or contingent interest in
the same.
B.
Notice shall be served either personally or by registered
or certified mail, addressed to the last known address, if any, as shown by
the records of the Receiver of Taxes and/or in the Office of the County Clerk
or County Register. If service is made by registered or certified mail, a
copy of such notice shall be posted on the premises.
C.
The notice shall contain the following:
(1)
A description of the premises.
(2)
A statement of the particulars of why the building is
unsafe or dangerous.
(3)
An order requiring buildings or structures to be repaired
or removed.
(4)
A statement that the securing or removal of the building
or structure shall commence within 10 days from the date of service of the
notice and shall be completed within 30 days thereafter. The Building Inspector
may extend the time of compliance specified in the notice where there is evidence
of intent to comply within the time specified and conditions exist which prevent
immediate compliance. In granting any such extension of time, the Building
Inspector may impose such conditions as he may deem appropriate.
(5)
A statement that, in the event of the neglect or refusal
of the person served with notice to comply with the same, a hearing will be
held before the Town Board, notice of which and the time and place thereof
to be specified in the notice to the owner referred to in this section.
(6)
A statement that, in the event that the Town Board, after
hearing, shall determine that the building or structure is unsafe or dangerous
to the public, the Town Board may order the building or structure to be repaired
and secured or taken down and removed.
(7)
A statement that in the event that the building or structure
shall be determined by the Town to be unsafe or dangerous, and in the event
of the neglect or refusal of the owner to repair or remove the same within
the time provided, the Town may remove such building or structure by whatever
means it deems appropriate and assess all costs and expenses incurred by the
Town in connection with the proceedings to remove or secure, including the
cost of actually removing said building or structure, against the land on
which said buildings or structures are located.
D.
Notice served pursuant to this chapter shall also be
filed in the Office of the County Clerk. Such notice shall be filed by such
Clerk in the same manner as a notice of pendency pursuant to Article 65 of
the Civil Practice Law and Rules and shall have the same effect as a notice
of pendency, except as otherwise provided. Notice so filed shall be effective
for a period of one year from the date of filing; provided, however, that
it may be vacated upon the order of a judge or justice of a court of record
or upon the consent of the Town Attorney. The Clerk of the county where such
notice is filed shall mark such notice and any record or docket thereof as
canceled of record upon the presentation and filing of such consent or of
a certified copy of such order.
[Amended 10-24-2002 by L.L. No. 13-2002]
In the event that the owner of the unsafe building fails or refuses
to comply with the order to make safe and secure or demolish and remove said
unsafe building, and after a hearing has been held before the Town Board,
the Town Board may, by resolution duly adopted, provide for the demolition
and removal of said building either by employees of the Town or by contract.
[Amended 10-24-2002 by L.L. No. 13-2002]
If the Building Inspector so determines in his inspection of any building
or structure, he shall promptly require the building or structure or portion
thereof to be vacated forthwith and not be reoccupied until the specified
repairs are completed, inspected and approved by the Building Inspector. For
this purpose, he may enter such building or structure or land on which it
stands or adjoining land or structures with such assistance and at such cost
as may be necessary. He may also order adjacent structures to be vacated and
protect the public by appropriate barricades or such other means as may be
necessary, and for this purpose may close a private or public right-of-way.
The Building Inspector shall cause to be posted at each entrance to such building
or structure a notice stating: "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 persons
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 the demolition thereof.
[Amended 10-24-2002 by L.L. No. 13-2002]
All costs and expenses incurred by the Town of Shelter Island in connection
with any proceeding or any work done to remove the danger or in connection
with the demolition and removal of any such building or structure shall be
assessed against the land on which such building or structure is located,
and a statement of such expenses shall be presented to the owner of the property,
or if the owner cannot be ascertained or located, then such statement shall
be posted in a conspicuous place on the premises. Such assessment shall be
and constitute a lien upon such land. If the owner shall fail to pay such
expenses within 10 days after the statement is presented or posted, a legal
action may be brought to collect such assessment or to foreclose such lien.
As an alternative to the maintenance of any such action, the Building Inspector
may file a certificate of the actual expenses incurred as aforesaid, together
with a statement identifying the property in connection with which the expenses
were incurred and the owner thereof with the Assessors, who shall, in the
preparation of the next assessment roll, assess such amount upon such property.
Such amount shall be included in the levy against such property,
shall constitute a lien and shall be collected and enforced in the same manner
by the same proceedings, at the same time and under the same penalties as
is provided by law for the collection and enforcement of real property taxes
in the Town of Shelter Island.
[Amended 10-24-2002 by L.L. No. 13-2002]
A.
Any person who neglects, refuses or fails to comply with
any order or notice issued hereunder shall be guilty of an offense punishable
by a fine not to exceed $1,000 or by imprisonment for a term not to exceed
15 days, or by both such fine and imprisonment. Each week's continued
violation shall constitute a separate additional offense or violation.
B.
Nothing in this chapter shall be construed as depriving
the Town of any other available remedy relevant to a violation of this chapter.
