[HISTORY: Adopted by the Town Board of the Town of Plattekill 3-4-1981
as L.L. No. 1-1981. Section 33-7B, C and D amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
This chapter shall be known as "A Local Law Relating to Unsafe Buildings
and Collapsed Structures of the Town of Plattekill."
A.
When, in the opinion of the official appointed by the
Town Board of the Town of Plattekill for the purpose of enforcing this chapter,
any structure located therein shall be deemed to be unsafe or dangerous to
the public, he shall make a formal inspection thereof and report, in writing,
to the Town Board of the Town of Plattekill his findings and recommendations
in regard to its removal or repair.
B.
Said Town Board shall thereafter consider this report
and, by resolution, determine if in its opinion the report so warrants, that
said structure or building is unsafe and dangerous and order its removal or
repair, if the same can be safely repaired, and further order that a notice
shall be given to the following persons or corporations and in the manner
hereinafter provided.
A.
The notice shall contain the following:
(1)
A description of the premises.
(2)
A statement of the particulars in which the building
or structure is considered unsafe or dangerous.
(3)
An order outlining the manner in which the building is
to be made safe and secure or to be demolished and removed.
(4)
A statement that the securing or removal of such building
shall commence within 30 days of the service of notice and shall be completed
within 60 days thereafter, unless, for good cause shown, such time shall be
extended.
(5)
A date, time and place for a hearing before the Town
Board in relation to such dangerous or unsafe building or structure, which
hearing shall be scheduled not less than five business days from the date
of service of the notice.
(6)
A statement that, in the event of neglect or refusal
to comply with the order to secure or demolish and remove the building or
structure, the Town Board is authorized to provide for its being made secure,
if possible, or, if not possible or practicable, to provide for its demolition
and removal, to assess all expenses thereof against the land on which it is
located and to institute a special proceeding to collect the costs of demolition,
including legal expenses.
B.
Said notice shall be served in the following manner:
(1)
By personal service of a copy thereof upon the owner
or some one of the owners, executors, legal representatives, agents, lessees
or any other person having a vested or contingent interest in the premises
as shown by the last preceding completed assessment roll of said town or,
if no such person can be reasonably found, by mailing such owner, by registered
mail, a copy of such notice directed to his last known address.
(2)
By personal service of a copy of such notice upon any
adult person residing in or occupying said premises or, if no such person
can be reasonably found, by securely affixing a copy of such notice upon the
building or structure.
C.
A copy of said notice served as provided herein shall
be filed in the office of the County Clerk of the County of Ulster.
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the securing of the building or structure, if possible, or, if not possible or practicable, the demolition and removal of such building or structure, either by town employees or by contract, except in cases of emergency as provided by § 33-5 hereof. Any contract for the securing or demolition and removal of a building or structure in excess of $5,000 shall be awarded through competitive bidding.
In cases of emergency which, in the opinion of the Town Board, involve
imminent danger to human life or health, the Board shall promptly cause such
building, structure or portion thereof to be made safe or removed. For this
purpose, the Board may at once enter such structure or land on which it stands
or abutting land or structure with such assistance and at such cost as may
be necessary. The Board may vacate adjacent structures and protect the public
by appropriate barricades or such other means as may be necessary and, for
this purpose, may close a public or private way.
All costs and expenses incurred by the town in connection with the proceedings
to remove or secure, including the cost of actually removing said buildings
or structures, shall be assessed against the land on which said buildings
or structures are located.
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy or
maintain any building or structure or portion thereof in violation of any
provision of this chapter or to fail, in any manner, to comply with a notice,
directive or order of the Town Board or to construct, alter or use and occupy
any building or structure or part thereof in a manner not permitted by an
approved building permit or certificate of occupancy.
