Town of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Newburgh 9-23-1974 as Ch. 33 of the 1974 Municipal Code. Amendments noted where applicable.]
Building construction — See Ch. 71.
Clearing and grading — See Ch. 83.
Fire prevention — See Ch. 107.
The purpose of this chapter is to promote, safeguard and preserve the health, welfare and property of the residents of and owners of property located in the Town of Newburgh by providing for the removal or repair of buildings within the limits of said Town of Newburgh which, from any cause, may now or shall hereafter become dangerous or unsafe to the public.
Any structure or building which has any of the following defects or conditions shall be deemed unsafe or dangerous within the meaning of this chapter:
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
Those which, exclusive of the foundation, show thirty-three percent (33%) or more of damage or deterioration of the supporting member or members or fifty percent (50%) of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Town of Newburgh.
Those which have become or are so dilapidated, decayed, unsafe or unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease so as to work injury to the health, morals, safety or general welfare of those living therein.
Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
Those which because of their condition are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of this town.
Whenever it shall be reported or come to the attention of the Town Board that any building or collapsed structure may be or shall become dangerous or unsafe to the public, said Board shall, by resolution, direct the Building Inspector of the Town of Newburgh to cause an inspection to be made of said building or structure alleged to be dangerous or unsafe and to report his findings thereon in writing to said Town Board. The Building Inspector shall, for the purposes hereof, be deemed a town official.
The Town Board shall consider the report and, if in its opinion the report so warrants, shall by resolution determine that the structure or building in question is unsafe or dangerous and shall order that the same shall be made safe and secure or removed; provided, however, that a notice thereof shall be given as provided in § 75-5 hereof.
Contents of notice. The notice shall be in writing and shall contain the following:
A description of the premises.
A statement of the particulars in which the building or structure is unsafe or dangerous.
An order requiring the same to be made safe and secure or removed.
That the making safe and secure or removal of said building or structure shall commence within twenty (20) days of the serving of the notice, as hereinafter provided, and shall be completed within forty-five (45) days thereafter.
A date, time and place for a hearing before the Town Board in relation to such dangerous or unsafe building, which hearing shall be scheduled not less than five (5) business days from the date of service of the notice.
[Amended 5-18-1981 by Ord. No. 81-2]
That in the event of neglect or refusal to comply with the order to secure or demolish and remove the building, the Town Board is authorized 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 cost of demolition, including legal expenses.
[Amended 5-18-1981 by Ord. No. 81-2]
Service of notice. The notice shall be served in the following manner:
By personal service of a copy thereof upon the owner or some one (1) of the owner's 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 and/or in the office of the Orange County Clerk, such service to be complete and the twenty-day time period recited in said notice to commence upon the filing of an affidavit of personal service upon the owner with the Town Clerk of the Town of Newburgh; or
By mailing a copy of said notice to such owner, as aforesaid, by registered mail, return receipt requested, addressed to the last known address of the owner or other persons as aforesaid and by affixing a copy of said notice to the premises, such service to be complete and the twenty-day time period recited in said notice to commence ten (10) days after the filing of the return receipt and the affidavit of posting with the Town Clerk of the Town of Newburgh; and
By personal service of a copy of said notice upon any adult residing in or occupying said premises or, if no such person can be reasonably found, by posting a copy of said notice upon the premises.
Filing of notice. A copy of the notice served as provided herein shall be filed in the office of the County Clerk of Orange County.
[Added 5-18-1981 by Ord. No. 81-2]
[Amended 5-18-1981 by Ord. No. 81-2]
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board within the time provided, and after the hearing, the Town Board shall provide for the demolition and removal or securing of said building or structure either by town employees or by contract.
In cases of emergency which, in the reasonable opinion of the Town Board, involve imminent danger to life or health, the Board may promptly cause such building, structure or portion thereof to be made safe or removed. For this purpose, the Town Board may at once authorize entry to such structure or land on which it stands to make the same safe or remove said structure or an 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.
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Amended 5-18-1981 by Ord. No. 81-2[1]]
All costs and expenses incurred by the town in connection with the proceedings to remove or secure such building or buildings shall be assessed upon the land upon which said building or buildings are located. Such assessment shall be assessed on the next town assessment roll as an additional tax to the regular tax assessment against such property, and the same shall be levied and collected in the same manner as the regular town tax.
In the alternative, the Town Board may commence a civil proceeding to collect the costs of demolition, including reasonable and necessary legal expenses incidental thereto, against the owner of the building or structure that has become dangerous or unsafe.
Editor's Note: This ordinance also repealed former § 33.7, Application to Supreme Court, which preceded this section.