Unsafe buildings pose a threat to life and property
in the Town of Putnam Valley. Buildings and structures may become
unsafe by the reason of damage by fire, the elements, vandalism, age
or general deterioration. Vacant buildings not properly secured at
doorways and windows also serve as an attractive nuisance for young
children who may be injured therein, as well as a point of congregation
by vagrants and transients. A dilapidated building may also become
a place of rodent infestation, thereby creating a health menace to
the community. 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 Putnam Valley by requiring that such unsafe buildings
be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings
Law of the Town of Putnam Valley."
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING
Any building, structure or portion thereof used for residential,
recreation, business or industrial purpose.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Town of Putnam Valley
or such other person appointed by the Town Board to enforce the provisions
of this chapter.
[Amended 3-27-1996 by L.L. No. 4-1996; 2-20-2013 by L.L. No.
3-2013]
When in the opinion of the Code Enforcement Officer or upon receipt of information that a building is or may become dangerous or unsafe to the general public; is open at the doorways or windows making it accessible to or an object of attraction to minors under 18 years of age, as well as to vagrants and other trespassers; is or may become a place of rodent infestation; presents any other danger to the health, safety, morals and general welfare of the public; or is unfit for the purposes for which it may lawfully be used, he or she shall cause to be made or make an inspection thereof and report, in writing, to the Town Board his or her findings and recommendations in regard to the building's repair or demolition and removal after requesting compliance with the §
165-91.2 of Chapter
165, Zoning.
The Town Board shall thereafter consider such
report and, by resolution, determine, if in its opinion the report
so warrants, that such building is unsafe and dangerous and order
its repair if the same can be safely repaired, or order its demolition
and removal, and further order that a notice be served in the manner
provided herein.
The notice shall contain the following:
A. A description of the premises.
B. A statement of the particulars, setting forth the
facts leading to the conclusion that the building is unsafe.
C. An order outlining the manner in which the building
is to be made safe and secure or demolished and removed.
D. A statement that the securing or removal of such building
shall commence within 30 days of service of the notice and shall be
completed within 60 days thereafter, unless for good cause shown such
time shall be extended by the Code Enforcement Officer.
E. A date, time and place for a hearing before the Town
Board relating to such unsafe building, which hearing shall be scheduled
not less than five business days from the date of service of the notice.
F. A statement that, in the event of failure or refusal
to comply with the order to secure or demolish and remove the building,
the Town Board will provide for its demolition and removal and will
assess all expenses thereof against the land on which it is located
and will institute a special proceeding to collect the costs of demolition,
including legal expenses.
Said notice shall be served by:
A. Personal service of a copy thereof upon the owner,
executor, administrator, agent, lessee and any person having a vested
or contingent interest in such unsafe building as shown by the records
of the Tax Collector or of the County Clerk.
B. If no such person can be reasonably found, mailing
to such owner or other interested parties as mentioned above, by certified
or registered mail, a copy of such notice directed to their last known
addresses as shown by the above records.
C. Personal service of a copy of such notice upon any
adult person residing in or occupying said premises, if such person
can be reasonably found.
D. Securely affixing a copy of such notice upon the unsafe
building.
A copy of the notice as provided herein shall
be filed in the office of the County Clerk of the County of Putnam.
In the event of failure or refusal to comply with said order of the Town Board, after the hearing, the Town Board shall provide for the demolition and removal of such building or structure either by Town employees or by contract. Except in an emergency, as provided in §
66-11 hereof, any contract for demolition and removal of a building 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 of the State of New York for the levy and
collection of a special ad valorem levy.
Where it reasonably appears that there is present a clear and imminent danger to life, safety or health of any person or property if an unsafe building is not immediately repaired and secured or demolished and removed, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the repair, securing or demolition of such unsafe building. The expenses of such repair or demolition and removal shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in §
66-10.