[HISTORY: Adopted by the Board of Trustees
of the Village of Fishkill 1-19-2010 by L.L. No. 1-2010.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 57,
Buildings, Unsafe, adopted 7-9-1973 by L.L. No. 2-1973.
Unsafe buildings pose a threat to life and property in the Village
of Fishkill (the Village). Buildings and structures may become unsafe
by reason of damage by fire, the elements, age or general deterioration.
Vacant buildings not properly secure 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 Village by requiring
that such unsafe buildings be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings Law of
the Village of Fishkill."
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof used for residential,
business or industrial purposes.
The Code Enforcement Officer of the Village or such other
person appointed by the Village Board of Trustees to enforce the provisions
of this chapter.
[Amended 5-24-2010 by L.L. No. 6-2010]
The Village of Fishkill.
[Amended 5-24-2010 by L.L. No. 6-2010]
The Code Enforcement Officer, when it is his/her own opinion
or upon receipt of information that a building is or may become dangerous
or unsafe to the general public; is open at the doorways and windows,
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, shall
cause or make an inspection thereof and report, in writing, to the
Board of Trustees of the Village his/her findings and recommendations
in regard to its repair or demolition and removal.
The Village Board of Trustees shall thereafter consider such
report and, by resolution, shall determine, if in its opinion the
report so warrants, that such building is unsafe and dangerous and
shall order its repair if the same can be safely repaired, or its
demolition and removal, and shall 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 30 days of the service of the notice and shall be completed
within 60 days thereafter, unless, for good cause shown, such time
shall be extended;
E.
A date, time and place for a hearing before the Board of Trustees
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; and
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 Board
of Trustees 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.
The said notice shall be served as follows:
A.
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 Village Receiver
of Taxes (or Tax Collector) or of the County Clerk or, if no such
person can reasonably be found, by mailing such owner, by registered
mail, a copy of such notice directed to his/her last known address
as shown by the above records; and
B.
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
C.
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 Dutchess.
In the event of the refusal or neglect of the person so notified to comply with said order of the Board of Trustees, and after the hearing, the Board of Trustees shall provide for the demolition and removal of such building or structure either by Village employees or by contract. Except in an emergency as provided in § 57-11, hereof, any contract for demolition and removal of a building in excess of $20,000 shall be awarded through competitive bidding.
All expenses incurred by the Village in connection with the
proceedings to repair and secure or demolish and remove the unsafe
building including the cost of actually removing such building and
all reasonable and necessary legal expenses incidental thereto, shall,
at the option of the Board of Trustees, either:
A.
Be assessed against the land on which such building is located and
shall be levied and collected in the same manner as the levy and collection
of a special ad valorem levy; or
B.
Be collected by commencement of a special proceeding against the
owner of said unsafe or dangerous building or structure pursuant to
General Municipal Law § 78-b.
[Amended 5-24-2010 by L.L. No. 6-2010]
Where it reasonably appears that there is present a clear and imminent danger to life, safety or health of any person or property unless an unsafe building is immediately repaired and secured or demolished, the Board of Trustees may, by resolution, authorize the Code Enforcement Officer 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 § 57-10 hereof.
