[HISTORY: Adopted by the Town Board of the Town of Southampton 4-13-1982.
Amendments noted where applicable.]
This chapter shall apply to the territory of the Town of Southampton
outside incorporated villages.
[Amended 9-9-1997 by L.L.
No. 31-1997; 3-25-2003 by L.L. No. 32-2003; 5-27-2003
by L.L. No. 46-2003]
A building or structure or equipment therein shall be deemed to be unsafe
or unsanitary if found to be dangerous to life, health, property or safety
of the public or occupants. Such condition may be as a result of a lack of
provision of minimum safeguards to protect or warn occupants in the event
of fire, or because such structure is unsanitary or vermin or rat infested,
contains filth and contamination or lacks ventilation, illumination, sanitary
or heating facilities or other essential equipment required by this article,
or contains unsafe equipment or nonfunctioning equipment that is so damaged,
decayed, dilapidated, structurally unsafe or unsound that partial collapse
is possible. For purposes of this chapter, "structure" is anything constructed
or erected on or under the ground or upon another structure or building, excluding
walkways and driveways. "Structure" includes the word "building." All such
buildings and structures are hereby declared to be illegal and are prohibited
and shall be abated by repair and rehabilitation or by demolition and removal
in accordance with the procedures of this chapter.
The Fire Inspector shall inspect any building or structure, either upon
a complaint or upon his own knowledge, where a building or structure may be
dangerous or unsafe pursuant to the provisions of this chapter. The Fire Inspector
shall file a report with the Town Board with regard to the condition of any
building or structure so inspected. The report shall include the date of the
inspection, the condition of the building or structure, a determination as
to whether the building or structure is dangerous or unsafe, an opinion as
to what caused the condition and recommendations for the correction of any
dangerous or unsafe condition.
Where the Town Board, pursuant to the Fire Inspector's report, finds
a building or structure to be dangerous or unsafe, the Board, by resolution,
shall direct the Fire Inspector to give notice to be served on 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 same.
A.
Notice shall be served either personally or by registered
or certified mail, addressed to the last known address, if any, as shown by
the records of the Receiver of Taxes and/or in the office of the County Clerk
or County Register. If service is made by registered or certified mail, a
copy of such notice shall be posted on the premises.
[Amended 11-23-1999 by L.L.
No. 39-1999]
B.
Notice shall contain the following:
(1)
A description of the premises.
(2)
A statement of the particulars of why the building is
unsafe or dangerous.
(3)
An order requiring buildings or structures to be repaired
or removed.
(4)
A statement that the securing or removal of the building
or structure shall commence within 10 days from the date of service of the
notice and shall be completed within 30 days thereafter. The Fire Inspector
may extend the time of compliance specified in the notice where there is evidence
of intent to comply within the time specified and conditions exist which prevent
immediate compliance. In granting any such extension of time, the Fire Inspector
may impose such conditions as he may deem appropriate.
(5)
A statement that, in the event of the neglect or refusal
of the person served with notice to comply with the same, a hearing will be
held before the Southampton Town Board, notice of which and the time and place
thereof to be specified in the notice to the owner referred to in this section.
(6)
A statement that, in the event that the Town Board, after
hearing, shall determine that the building or structure is unsafe or dangerous
to the public, the Town Board may order the building or structure to be repaired
and secured or taken down and removed.
(7)
A statement that in the event that the building or structure
shall be determined by the Town to be unsafe or dangerous, and in the event
of the neglect or refusal of the owner to repair or remove the same within
the time provided, the Town may remove such building or structure by whatever
means it deems appropriate and assess all costs and expenses incurred by the
Town in connection with the proceedings to remove or secure, including the
cost of actually removing said building or structure, against the land on
which said buildings or structures are located.
Notice served pursuant to this chapter shall also be filed in the office
of the County Clerk. Such 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, except
as otherwise provided. 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 Town Attorney. The Clerk of the county where such notice is filed 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.
Before a building or structure may be removed by the Town, a public
hearing shall be held.
[Amended 3-25-2003 by L.L. No. 32-2003; 5-27-2003
by L.L. No. 46-2003]
If the Chief Fire Marshal so determines, in his/her inspection of any
building or structure, that said building or structure or equipment is dangerous,
unsafe or unsanitary pursuant to the provisions of this chapter, he/she shall
promptly require the building or structure or portion thereof to be vacated
forthwith and not be reoccupied until the specified repairs are completed,
inspected and approved by the Fire Marshal. For this purpose, he/she may enter
such building or structure or land on which it stands or adjoining land or
structures with such assistance and at such cost as may be necessary. He/she
may also order adjacent structures to be vacated and protect the public by
appropriate barricades or such other means as may be necessary, and for this
purpose may close a private or public right-of-way. The Chief Fire Marshal
shall cause to be posted at each entrance to such building or structure a
notice stating: "This building is unsafe and its use or occupancy has been
prohibited by the Fire Marshal." Such notice shall remain posted until the
required repairs are made or demolition is completed. It shall be unlawful
for any person, firm or corporation or their agents or other persons to remove
such notice without written permission of the Chief Fire Marshal or for any
person to enter the building except for the purpose of making the required
repairs or the demolition thereof.
All costs and expenses incurred by the Town of Southampton in connection
with any proceeding or any work done to remove the danger or in connection
with the demolition and removal of any such building or structure shall be
assessed against the land on which such building or structure is located,
and a statement of such expenses shall be presented to the owner of the property,
or if the owner cannot be ascertained or located, then such statement shall
be posted in a conspicuous place on the premises. Such assessment shall be
and constitute a lien upon such land. If the owner shall fail to pay such
expenses within 10 days after the statement is presented or posted, a legal
action may be brought to collect such assessment or to foreclose such lien.
As an alternative to the maintenance of any such action, the Fire Inspector
may file a certificate of the actual expenses incurred as aforesaid, together
with a statement identifying the property in connection with which the expenses
were incurred and the owner thereof with the assessors, who shall, in the
preparation of the next assessment roll, assess such amount upon such property.
Such amount shall be included in the levy against such property, shall constitute
a lien and shall be collected and enforced in the same manner by the same
proceedings, at the same time and under the same penalties as is provided
by law for the collection and enforcement of real property taxes in the Town
of Southampton.
[Amended 7-10-1990 by L.L. No. 19-1990; 7-9-2002 by L.L. No. 20-2002]
A.
Any person who neglects, refuses or fails to comply with
any order or notice issued hereunder shall be guilty of an offense punishable
by a fine not to exceed $1,000 or by imprisonment for a term not to exceed
15 days, or by both such fine and imprisonment; for conviction for a third
or subsequent offense within 18 months, punishable by a fine of not less than
$2,500 nor more than $10,000 or imprisonment not exceeding 15 days, or by
both. Each week's continued violation shall constitute a separate additional
offense or violation
B.
Nothing in this chapter shall be construed as depriving
the Town of any other available remedy relevant to a violation of this chapter
[Added 3-25-2003 by L.L. No. 32-2003;
amended 5-27-2003 by L.L. No. 46-2003]
Vacant structures shall comply with § 311.1 through 311.4 of the
Fire Code of New York State.
