Pursuant to the authority granted by § 78-b of the General
Municipal Law, it is the finding of this Board that vacant and abandoned buildings
and structures which are not properly secured at entrances, windows and other
openings serve as attractive nuisances for children who are oftentimes injured
therein. Such buildings are, in addition, places of congregation by vagrants
and transients. Dilapidated buildings and structures are frequently infested
with rodents, thereby creating a significant health hazard to the community.
This chapter is enacted to safeguard against the aforementioned dangers by
requiring that unsafe buildings be repaired or demolished and removed.
For the purpose of this chapter, the following terms shall have the
meanings set forth in this section, unless otherwise expressly stated:
BUILDING INSPECTOR
The official, duly appointed by the Town Board, who is the Building
Inspector of the Town of New Paltz.
UNSAFE BUILDING
Any building or structure which is structurally unsound, unsanitary
or not provided with adequate ingress and egress, or which constitutes a fire
hazard, or which has become unsafe by reason of damage by fire, the elements,
age or general deterioration, or which, in relation to an existing use, constitutes
a hazard to public health, safety or welfare by reason of inadequate maintenance,
dilapidation, obsolescence or abandonment, or which is otherwise dangerous
to human life.
In the event that the owner of the unsafe building fails or refuses to comply with the order to make safe and secure or demolish and remove said unsafe building and after a hearing has been held before the Town Board as provided in §
56-4A(5), the Town Board may, by resolution duly adopted, provide for the demolition and removal of said building either by employees of the Town or by contract.
It shall be unlawful for any person, whether or not interested in the
property affected by this chapter, to interfere with, obstruct or hinder the
Building Inspector or his representative or any person acting on his behalf
in performing his duties as set forth in this chapter.
The Town shall be reimbursed for all costs and expenses incurred by
it in connection with the proceedings to make safe and secure or demolish
and remove any building or structure pursuant to this chapter in addition
to the actual cost of demolishing and removing said building or structure.
Such costs and expenses may be assessed against and recovered from the land
on which the building or structure was located. The Town may also institute
a civil action to recover said costs and expenses from the owner of the affected
property.
Where the investigation and report of the Building Inspector reveal that the continued existence of a building or structure presents an imminent danger to human life or public health or safety, the Building Inspector is hereby empowered to authorize the immediate demolition and removal of such building or structure either by employees of the Town or by contract. The expenses of such demolition and repair shall be assessed and/or recovered as provided in §
56-8 hereinabove.
Any person or persons, other than those duly authorized by the Building Inspector, removing from a building or structure any notice prescribed by this chapter or committing an offense against the provisions of §
56-7 hereof are guilty of a violation, punishable by a fine not exceeding $250 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.