The purpose of this article is to provide administration and
enforcement of that part of the Fire Prevention and Building Code
of the State of New York, as such code relates to unsafe structures
and equipment, and to establish procedures to address threats to public
safety and general welfare posed by the existence of unsafe buildings
and structures within the Town of Brookhaven.
As used in this article, the following terms shall have the
meanings indicated:
CHIEF BUILDING INSPECTOR
The Chief Building Inspector of the Building Division of
the Town of Brookhaven or any Principal Building Inspector, Senior
Building Inspector or Building Inspector designated by the Commissioner
of Planning, Environment and Land Management.
ENGINEER
The Town Engineer as may be appointed by the Town Board,
or another licensed professional engineer engaged by the Town to provide
services required by this article.
TOWN ATTORNEY
The officer holding the position of Town Attorney established
by the Town Board, or an attorney designated by the Town Attorney
to act on behalf of the Town pursuant to this article.
General. When a structure or equipment is found to be unsafe,
or when a structure is found unfit for human occupancy, or is found
unlawful, such structure shall be condemned pursuant to the provisions
of this code.
A. Unsafe structures. An unsafe structure is one that is found to be
dangerous to the life, health, property or safety of the public or
the occupants of the structure by not providing minimum safeguards
to protect or warn occupants in the event of fire, or because such
structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe, or of such faulty construction or unstable foundation
that partial or complete collapse is possible. Structures which may
be unsafe include but are not limited to the following:
(1) Those whose interior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
(2) Those which, exclusive of the foundation, show 33% or more of damage
or deterioration of the supporting member or members or 50% of damage
or deterioration of the nonsupporting enclosing or outside walls or
covering.
(3) Those which have improperly distributed loads upon the floors or
roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
(4) Those which have been damaged by fire, wind or other causes so as
to have become dangerous to life, safety or the general health and
welfare of the occupants or the people of this Town.
(5) Those having light, air and sanitation facilities which are inadequate
to protect the health, safety or general welfare of human beings who
live or may live therein.
(6) Those having inadequate facilities for egress in cases of fire or
panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
(7) Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
(8) Those which, because of their condition, are unsafe, unsanitary or
dangerous to the health, safety or general welfare of the people of
this Town.
B. Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or occupants
of the premises or structure.
C. Structure unfit for human occupancy. A structure is unfit for human
occupancy whenever such structure is unsafe, unlawful or, because
of the degree to which the structure is in disrepair or lacks maintenance,
is unsanitary, vermin or rat infested, contains filth and contamination,
or lacks ventilation, illumination, sanitary or heating facilities
or other essential equipment required by this code, or because the
location of the structure constitutes a hazard to the occupants of
the structure or to the public.
D. Unlawful structure. An unlawful structure is one found in whole or
in part to be occupied by more persons than permitted under this code,
or which was erected, altered or occupied contrary to law.
The Town Attorney, the Chief Building Inspector or such other official of the Town of Brookhaven as may be designated by the Town Board, upon information and belief that a structure or equipment, from any cause, may now be or shall become unsafe as defined in §
73-3 hereof, shall cause an inspection thereof to be made by the Chief Building Inspector or the Engineer, and shall report his/her findings concerning the same to the Town Board of the Town of Brookhaven.
[Amended 12-19-2019 by L.L. No. 24-2019, effective 12-31-2019]
If the Town Board shall find that said building
or structure or equipment, from any cause, may be or shall become
unsafe as defined herein, it may make an order directing notice to
be served upon the owner or some one of the owner's executors,
legal representatives, agents, lessees or any other person, including
but not limited to lenders, mortgagees, having a secured vested or
contingent interest in the premises where such building or structure
is located, either personally or by registered or certified mail,
addressed to the last known address, if any, of the owner or some
one of the owner's executors, legal representatives, agents,
lessees or other person having a vested or contingent interest in
same, as shown by the records of the Receiver of Taxes and/or in the
office of the County Clerk or County Registrar.
Such notice shall contain a description of the premises, a statement
of the particulars in which the building or structure or equipment
is unsafe and an order requiring the same to be made safe and secure
or removed. Said notice shall specify:
A. A description of the premises.
B. A statement of the particulars in which the building or structure
is unsafe or dangerous and an order requiring same to be made safe
and secure or removed.
C. A time within which the person served with such notice may commence
the securing (including boarding and fencing) or removal of the buildings
or structures or equipment as specified in said notice.
D. A date, time and place at which a hearing shall be held before the
Town Board, at which hearing the owner or other persons having an
interest in the structure or equipment may be heard with respect to
the condition of the building, structure or equipment and the actions
necessary to secure or remove same.
E. Said notice shall further state that after such hearing the Town
Board may provide for the securing or removal of such building or
structure or equipment by the Town in the event such owner fails or
refuses to secure or remove the same within the time provided.
Such notice, together with the report prepared pursuant to §
73-4, shall be posted on the premises, and shall be filed in the office of the Suffolk County Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules, and shall be served upon the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the premises as hereinbefore specified, either personally or by registered or certified mail addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the premises as hereinbefore specified.
All costs and expenses incurred by the Town of Brookhaven in
connection with the proceedings to remove or secure an unsafe building,
unsafe equipment or collapsed structure, including the cost of actually
removing said building, equipment or structure, shall be assessed
against the land on which said buildings or structures are located.
The amount of such cost and expense shall be determined and audited
by the Town Board and shall be reported to the Sole Assessor of the
Town of Brookhaven as an amount to be levied and assessed against
said premises as an assessment for an improvement to be included in
the next succeeding assessment roll of the Town of Brookhaven to be
thereafter prepared.