[HISTORY: Adopted by the Town Board of the Town of Wallkill 3-11-1982
by L.L. No. 2-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 82.
Unsafe buildings pose a threat to the life and property in the Town
of Wallkill. Buildings and structures may become unsafe by reason of damage
by fire, the elements, 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. A dilapidated building may also serve as 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 Wallkill
by requiring that such unsafe buildings be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings Law" of the Town
of Wallkill.
As used in this chapter, the following terms shall have the meanings
indicated:
Any building, structure or portion thereof used or formerly used
for residential, business, industrial or agricultural purpose.
The Building Inspector of the Town of Wallkill or such other person
appointed by the Town Board to enforce the provisions of this chapter.
When in his own opinion or upon receipt of information that a building
is or may become dangerous or unsafe to the general public; is open at doorways,
windows or foundation, making it accessible to and an object of attraction
to minors under 18 years of age, as well as to vagrants and other trespassers;
is or may become a place of rodent infestation; presents any other danger
to the health, safety, morals and general welfare of the public; or is unfit
for the purposes for which it may lawfully be used, he shall cause or make
an inspection thereof and report in writing to the Town Board his findings
and recommendations in regard to its repair or demolition and removal.
The Town Board shall thereafter consider such report and by resolution
determine, if in its opinion the report so warrants, that such building is
unsafe and dangerous and order its repair, if the same can be safely repaired,
or its demolition and removal and further order that a notice be served upon
the persons and in the manner provided herein.
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building
is unsafe or dangerous.
C.
An order outlining the manner in which the building is
to be made safe and secure or demolished and removed.
D.
A statement that the securing or removal of such building
shall commence within 15 days of the service of the notice and shall be completed
within 30 days thereafter, unless for good cause shown such time shall be
extended.
E.
A date, time and place for a hearing before the Town
Board in relation to such dangerous or unsafe building, which hearing shall
be scheduled not less than five business days from the date of service of
the notice.
F.
A statement that in the event of neglect or refusal to
comply with the order to secure or demolish and remove the building, the Town
Board is authorized to provide for its demolition and removal, to assess all
expenses thereof against the land on which it is located and to institute
a special proceeding to collect the costs of demolition, including legal expenses.
Said notice shall be served by personal service of a copy thereof upon
the owner, executor, administrator, agent, lessee or any person having a vested
or contingent interest in such unsafe building as shown by the records of
the Receiver of Taxes or of the County Clerk; or, if no such person can be
reasonably found, by mailing such owner, by registered mail, a copy of such
notice directed to his last known address as shown by the above records and
by personal service of a copy of such notice upon any adult person residing
in or occupying said premises if such person can be reasonably found and by
securely affixing a copy of such notice upon the unsafe building.
A copy of the notice served as provided herein shall be filed in the
office of the County Clerk of the County of Orange in the same manner as a
notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules.
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the demolition and removal of such building or structure either by town employees or by contract. Except in emergency as provided in § 86-11 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
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 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 the life, safety or health of any person or property unless an unsafe building is immediately repaired and secured or demolished, the Town Board may by resolution authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 86-10 hereof.
