[HISTORY: Adopted by the Town Board of the
Town of Bethel 6-5-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 135.
Unsafe buildings and collapsed structures pose
a threat to life and property in the Town of Bethel. Buildings and
structures may become unsafe by reason of damage by fire or other
casualty damage, the elements, age or general deterioration. Vacant
buildings not properly secured at doorways and windows are nuisances
and serve as congregation areas for vagrants, the homeless, mentally
incompetent and children, who may be injured therein. A dilapidated
building or collapsed structure may also serve as a place of rodent
infestation, thereby creating a health menace to the community. Debris,
rubble or parts of buildings left on the ground or in disrepair and
not removed constitute a dangerous, unhealthy and unsightly condition.
It is the purpose of this chapter to provide for the safety, health,
protection and general welfare of persons and property in the Town
of Bethel by requiring such unsafe buildings to be repaired or demolished
and removed.
As used in this chapter, the following terms
shall have the meanings indicated:
Any building, structure or portion thereof used for residential,
business, industrial, recreational or any other purpose.
The Code Enforcement Officer of the Town of Bethel or such
other person appointed by the Town Board to enforce the provisions
of this chapter.
Any debris, rubble or parts of buildings which remain on
the ground or on the premises after demolition, reconstruction, fire
or other casualty.
Any building or structure or portion thereof which, because
of its structural condition, is or may become dangerous or unsafe
to the public, and may include, without limitation, any or all of
the following:
Units open at the doorways or windows or walls,
making it accessible to and an object of attraction to minors under
18 years of age, as well as to vagrants and other trespassers;
Units which may become a place of rodent infestation,
or infestation by other insects or pests;
Units consisting of debris, rubble or parts
of buildings left on the ground after demolition, reconstruction,
fire or other casualty; and/or
Units presenting any other danger to the health,
safety, morals and general welfare of the public.
It shall be unlawful for any owner, tenant or
occupant of any building or structure or portion of any building or
structure in the Town of Bethel to maintain such building or structure
or portion of any building or structure in any condition or manner
which shall be unsafe as set forth herein.
When, in the opinion of the Code Enforcement
Officer or Town Engineer, any building or structure located in the
Town of Bethel shall be deemed to be dangerous or unsafe to the public
as defined herein, the Code Enforcement Officer or Town Engineer shall
make a formal inspection thereof and report in writing to the Town
Board his findings and recommendations in regard to the building or
structure's removal or repair.
The Town Board shall thereupon consider said
report and, if it finds that such building or structure is dangerous
and unsafe to the public, it shall by resolution order its repair
if the same can be safely repaired and, if not, its removal and demolition,
and shall further order that a hearing be held before the Town Board
at a time and place therein specified and on at least five days' notice
to the owner of the building or structure or persons having an interest
therein to determine whether said order to repair or remove shall
be affirmed or modified or vacated and, in the event of modification
or affirmance, to assess all costs and expenses incurred by the Town
in the repair or removal of such building or structure against the
land on which said building or structure is located. Said order shall
also provide that the securing or removal of said building or structure
shall commence within 30 days after service of notice and shall be
completed within 60 days thereafter.
The notice shall contain the following statements:
A.
The name of the owner or person in possession as appears
from the tax and deed records.
B.
A brief description of the premises and its location.
C.
A description of the building or structure which is
unsafe or dangerous and a statement of the particulars in which it
is unsafe or dangerous.
D.
An order requiring the same to be made safe and secure
or to be removed.
E.
That the securing or removal of said building or structure
shall commence within 30 days of the service of the notice and shall
be completed within 60 days thereafter.
F.
The time and place of the hearing to be held before
the Town Board, at which hearing the owner or occupant shall have
the right to contest the order and findings of the Town Board.
G.
That in the event that such owner, occupant or other
person having an interest in said premises shall fail to contest such
order and fail to comply with the same, the Town Board will order
the repair or removal of such building or structure by the Town; and
that the Town will assess all costs and expenses incurred in such
removal against the land on which such building or structure is located.
A.
A copy of said notice shall be personally served upon
the owner or some one of the owner's executors, legal representatives,
agents, lessees or other person having a vested interest or contingent
interest in the premises as shown by the Collector of Taxes and/or
in the office of the Sullivan County Clerk or Sullivan County Treasurer.
B.
If no such person can be reasonably found for personal
service, then a copy of said notice shall be mailed to such person
by certified mail addressed to his last known address as shown on
said records and by personally serving a copy of said notice upon
any adult person residing in or occupying said premises or by securely
affixing a copy of said notice upon said building structure.
C.
A copy of said notice shall be filed in the Sullivan
County Clerk's Office, which 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. A notice so filed shall be effective for a period
of one year from the date of filing. It may be vacated, however, upon
an order of Judge or Justice of a court of record or upon the consent
of the Town Attorney. When vacated, the Sullivan County Clerk 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.
The Town Board shall conduct the public hearing
at the time and place specified in the notice to repair or demolish.
It may adjourn the hearing from time to time until all interested
parties are heard and until the hearing is completed. At the conclusion
of the hearing, the Town Board shall determine by resolution to revoke
the order to repair or remove, modify said order or continue and affirm
said order and direct the owner or other persons to complete the work
within the time specified in the order or such other time as shall
be determined by the Town Board.
In the event of the refusal, failure or neglect
of the owner or person so notified to comply with said order of the
Town Board within the time specified in said order and after the public
hearing, the Town Board shall provide that such building or structure
be made safe and secure or removed and demolished by Town employees
or by independent contractors. Except emergency cases as herein provided,
any contract for repair or demolishing of a building or structure
in excess of $5,000 shall be awarded through competitive bidding.
All expenses incurred by the Town in connection
with the proceedings to repair and secure or demolish and remove the
unsafe building, including the cost of actually removing such building,
shall be assessed against the land on which such building is located
and shall be levied and collected in the same manner as provided in
Article 15 of the Town Law for the levy and ad valorem levy.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property, unless an unsafe building or structure is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Code Enforcement Officer or Town Engineer to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 113-10 hereof.
The provisions of this chapter shall be in addition to, and
in furtherance of, the New York State Uniform Fire Prevention and
Building Code, including but not limited to Sections 108 and 109 of
the Property Maintenance Code of New York State.
