[HISTORY: Adopted by the Town Board of the Town of Esopus 12-29-1980 by L.L. No. 23-1980. Amendments noted where applicable.]
The title of this chapter shall be known as the "Unsafe Building Demolition Law."
Editor's Note: Former Ch. 59, Unsafe Buildings, adopted 2-28-1973 by L.L. No. 2-1973, amended 6-12-1980 by L.L. No. 14-1980, was repealed 12-29-1980 by L.L. No. 22-1980.
The Town Board of the Town of Esopus shall appoint a Building Inspector who will be charged with the responsibility of carrying out the obligations and duties set forth in this chapter.
[Added 9-12-1990 by L.L. No. 10-1990]
No person, firm or corporation or association, who or which is the owner of a building in the Town of Esopus, shall cause, suffer, allow or permit said building to become dangerous or unsafe to the public. In the event that any building now is or hereafter becomes dangerous or unsafe to the public from any cause whatsoever, said owner or occupant shall repair or remove said building. In the event of the failure of the owner of any such building to repair or remove the same, the Building Inspector of the Town of Esopus shall make a complete inspection and report of the condition of said building to the Town Board of the Town of Esopus. Notice shall thereafter be served on the owner or some one of the owners, executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in said building, personally or by registered mail. The notice shall contain a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring said building or structure to be made safe and secure or removed. The notice shall also provide for the time within which the person served with said notice shall commence and complete the securing or removal of the building or structure. A copy of such notice shall be filed in the office of the County Clerk of Ulster County, which 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 as therein provided, except as otherwise hereinafter provided in this section. A 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 Attorney for the town. The Ulster County Clerk 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.
The Building Inspector shall investigate an alleged violation of the performance standards, and if there are reasonable grounds to believe that a violation exists, he shall investigate the alleged violation and for such investigation may, with the approval of the Town Board, employ qualified experts. A copy of said findings shall be forwarded to the Town Board. The services of any qualified experts employed by the town to advise in establishing a violation shall be paid by the violator if it shall be determined that a violation is proved, and otherwise by the town. No new certificate of occupancy shall be issued unless such charges have been paid to the town.
Editor's Note: Former § 59-3, Unsafe building prohibited; inspection; notice, was repealed 9-12-1990 by L.L. No. 9-1990.
A hearing shall be held before the Town Board, notice of which and the time and place thereof to be specified in the notice to repair or demolish, served upon the owner and such persons having an interest in the property or structure as is herein prescribed.
In the event that such owner fails or refuses to repair or remove the same within the time provided or, in cases of great emergency, where the delay of proceedings, as hereinbefore provided, would result in probable loss of life or property, the Supervisor of the Town of Esopus shall have the power to direct the Building Inspector to proceed at once to take such action as is needed to guard the safety of persons and property.
All costs and expenses incurred by the Town of Esopus in connection with any and all of the above proceedings to remove or secure, including the cost of actually removing the said building or structure or securing the same, shall be assessed against the land on which the building or structure is located.
If such owner or person served by mail, as hereinabove provided, shall fail to pay the costs and expenses incurred by the Town of Esopus within 10 days after being notified of the costs thereof by registered mail, the Town Clerk shall file, immediately preceding the time for making the annual assessment roll, a certificate of such actual cost and expense with a statement as to the property upon which such cost and expense were incurred, the buildings or other obstructions removed, as the case may be, with the Assessor of the Town of Esopus, who shall, in the preparation of the next assessment roll of the Town of Esopus, tax and assess such amount upon such property, and the same shall be levied, collected and enforced in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property assessed as general town tax and as a part thereof.