The purpose of this chapter is to provide for
the removal or repair of buildings in business, industrial and residential
sections of the Town of Mamaroneck that, from any cause, may now be
or shall hereafter become dangerous or unsafe to the public.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
Should the Building Inspector or the Director
of Building Code Enforcement and Land Use Administration or either's
designated representative determine that such an unsafe or dangerous
condition exists within a building or structure that said building
or structure constitutes an imminent threat to life, then the Building
Inspector or the Director of Building Code Enforcement and Land Use
Administration or either's designated representative may cause to
be posted at each entrance of such building a notice that said building
is unsafe and its use or occupancy has been prohibited by the Building
Department of the Town of Mamaroneck, and he shall further be permitted
to require, upon service of such written notice upon the occupants
of said building, their removal from said building until said building
had been secured or removed.
A copy of any such notice served pursuant to §
71-2 shall be filed in the office of the County Clerk of the County of Westchester, which notice shall be filed 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, as therein provided, except as otherwise hereinafter provided in this section. A 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 Counsel to the Town. The Clerk of the County where such notice is filed shall mark such notice in any record or docket thereof as canceled of record upon the presentation and filing of such consent or a certified copy of such order.
The cost and expenses incurred by the Town in
connection with the proceedings set forth in this chapter for the
correction of any unsafe or dangerous condition or the removal by
the Town of any said building or structure upon the failure of the
owner or other person notified to secure or remove the building or
structure shall be assessed against the land on which said building
or structure is located by the Assessor for the Town of Mamaroneck.