Unsafe buildings pose a threat to life and property
in the Town of Kent. 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 Kent by requiring such
unsafe buildings to be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings
Law" of the Town of Kent.
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING
Any structure having a roof supported by columns, poles or
walls, used or intended to be used for the shelter or enclosure of
persons, animals or property and used for residential, business or
industrial purposes.
[Amended 1-28-2008 by L.L. No. 4-2008]
BUILDING INSPECTOR
The Building Inspector of the Town of Kent appointed pursuant to Chapter
27 of the Code of the Town of Kent.
[Amended 1-28-2008 by L.L. No. 4-2008]
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 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, the Building Inspector 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 and 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 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 cost of demolition
including legal expenses.
The 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 Tax Collector) 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.
[Amended 1-28-2008 by L.L. No. 4-2008]
A copy of the notice served as provided herein
shall be filed in the office of the County Clerk of the County of
Putnam pursuant to the provisions of Town Law § 130(16)(d).
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board, 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 §
29-11 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 §
29-10.
The surveyor appointed as provided herein shall
be paid reasonable compensation as shall be fixed by the Town Board.