[HISTORY: Adopted by the Town Board of the
Town of Goshen 9-27-1984 by L.L. No. 7-1984. Amendments noted where
applicable.]
The purpose of this chapter is to promote, protect
and preserve the health, welfare and property of residents and owners
of property within the Town by providing for the removal or repair
of buildings, residences and structures therein that, from any cause,
may now be, or shall hereafter become, dangerous, unsafe, a public
nuisance or fire hazard to the public pursuant to § 130,
Subdivision 16, of the Town Law.
An inspection of and a report on any dangerous,
unsafe or collapsed building shall be made by the enforcement officer
of the Town, which enforcement officer shall be the Building Inspector.
This report shall be in writing and shall be made either to the Supervisor
or to the Town Board.
The enforcement officer of the Town is hereby
authorized, subsequent to written notification, to enter onto any
of the premises in the Town, whether public or private, for the purpose
of inspection whenever said enforcement officer is reasonably sure
that any building on the premises is dangerous, unsafe, a public nuisance
or a fire hazard to the public or in the proper discharge of his duties.
A.
Notice required. Should the report provided for in § 51-2 indicate a building to be unsafe, dangerous, collapsed or in danger of collapse, a notice on behalf of the Town shall be served on the owner or one of the owner's legal representatives, agents, lessees or any other person having a vested or contingent interest in such property.
B.
Contents; service. Such notice shall be in writing,
shall contain a description of the property and the particulars in
which the building is dangerous or unsafe and an order requiring the
same to be made safe and may be served either within or without the
State of New York, personally or by registered mail, addressed to
the last known address, if any, of the owner or one of the owner's
legal representatives, agents, lessees or other person having a vested
or contingent interest in same, as shown by the records of the receiver
of taxes of the Town. Should such notice be served by registered mail
or without the State of New York, a copy of the same shall be posted
on the premises.
The Town Board of the Town shall determine the respective dates to be inserted in each notice provided for in § 51-4, and in each instance the notice to be served shall be subscribed on behalf of the Town Board of the Town by the Town Clerk of said Town.
A.
Survey required. Shall the person served with the notice provided for in § 51-4 or other persons having an interest in said property fail to comply with such notice, a survey shall be made by an official of the Town and a practical builder, engineer or architect to be named by the Town Board and a practical builder, engineer or architect appointed by the person notified as above, and in the event of a neglect or refusal of the person notified to appoint such surveyor, then the two surveyors named by the Town shall make the survey and report.
B.
Order directing abatement of condition. The notice given as provided in § 51-4 shall also state that in case the survey shall show the building to be unsafe or dangerous, an application will be made at a Special Term of the Supreme Court of the State of New York not less than five days nor more than 10 days after submission of the surveyor's report to the Supervisor or the Town Board for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.
A signed copy of the survey provided for in § 51-6 shall be posted on a building condemned hereunder.
All costs and expenses incurred by the Town
in connection with proceedings to remove or secure a building or structure,
including the cost of the aforementioned survey and the cost of actually
removing such building or structure, shall be assessed against the
land on which said building or structure is located and shall be and
become a lien on said land as of the date of such assessment. The
lien of the Town for such costs and expenses shall have priority over
all other liens and encumbrances, except the liens of taxes and assessments
which constitute prior liens.
The remedies of the Town as herein set forth
shall not be exclusive, but the Town shall have any other and further
remedy at law or otherwise by injunction or otherwise now existing
under the laws of the State of New York, and any and all such remedies
shall be deemed cumulative, and the pursuit of any remedy shall not
be construed as an election or waiver of the right to pursue any and
all others.
[Added 3-24-2016 by L.L.
No. 1-2016]
A.
Any building
or structure or part thereof, which is in a condition that poses an
imminent danger or dangerous attraction to the life or safety of the
public is hereby declared to be a public nuisance. Such a condition
may result from any occurrence whatsoever, including, but not limited
to, fire, explosion, or decay.
B.
Whenever
the Fire Marshal, Building Inspector, or other official requested
by the Town Board inspects and finds any building or structure, or
part thereof, to be in a condition that poses such an imminent danger
or dangerous attraction to the life or safety of the public, and declares
such building or structure, or part thereof, a public nuisance, said
official may direct that the building or structure, or part thereof,
be demolished and removed, and may further direct any additional work
be done in and about the building or structure as may be necessary
to abate the dangerous condition.
C.
The officials noted in Subsection B above may direct that the building or structure, or part thereof, be demolished or removed by other than the owner, and without providing notice to the owner or an opportunity to be heard, if there are exigent circumstances that require immediate demolition to protect the public.
D.
If all costs and expenses incurred by the Town in connection with any work done to abate a public nuisance as set forth in Subsection A above, including, but not limited to, costs and expenses in connection with the demolition and/or removal of any such building or structure, or part thereof, are not paid by the property owner upon demand by the Town, they shall be assessed against the land on which such building or structure is located and shall be and constitute a lien upon such land.