When there is imminent danger of failure or collapse of a building
or structure which endangers life, or when any structure or part of
a structure has fallen and life is endangered by the occupation of
the structure, or when there is actual or potential danger to the
building occupants or those in the proximity of any structure because
of explosives, explosive fumes or vapors or the presence of toxic
fumes, gases or materials, or operation of defective or dangerous
equipment, the occupants shall vacate the premises forthwith. There
shall be posted at each entrance to such structure a notice reading
as follows: "This Structure is Unsafe and its Occupancy Has Been Prohibited
by the Code Enforcement Official." It shall be unlawful for any person
to enter such structure except for the purpose of securing the structure,
making the required repairs, removing the hazardous condition or of
demolishing the same.
[Amended 4-16-2015 by L.L. No. 5-2015, effective 4-24-2015]
When there is imminent danger of failure or collapse of a building
or structure which endangers life, or when any structure or part of
a structure has fallen and life is endangered by the occupation of
the structure, or when there is actual or potential danger to the
building occupants or those in the proximity of any structure because
of explosives, explosive fumes or vapors or the presence of toxic
fumes, gases or materials, or operation of defective or dangerous
equipment, the Chief Building Inspector or Town Attorney, on advice
of the Engineer, may take such immediate action as is necessary to
protect life and alleviate the danger presented, and to render the
building or structure temporarily safe, including, but not limited
to, emergency repair or removal of all or part of the building or
structure, including foundations, the installation of fencing, and
boarding and securing, without notice or hearing to the property owner.
Following action taken pursuant to §§
73-14 and
73-15 of this chapter, the Chief Building Inspector or Engineer shall prepare and deliver a report of such action to the Town Board, and, if the building or structure remains unsafe, commence proceedings under Article
I of this chapter to cause said building or structure to be rendered safe. The Chief Building Inspector shall notify the property owner of the emergency actions taken pursuant to the provisions of §
73-15.
All costs and expenses incurred by the Town of Brookhaven in connection with emergency measures taken pursuant to §§
73-14 and
73-15 of this chapter 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.