[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."
[1]
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by L.L. No. 2-1973, amended 6-12-1980 by L.L. No. 14-1980, was repealed 12-29-1980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]
A.
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.
B.
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.
[1]
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.
