[HISTORY: Adopted by the Town Board of the Town of Wappinger 10-13-1982
by L.L. No. 8-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 85.
Unsafe buildings pose a threat to life and property in the Town of Wappinger.
Buildings and structures may become unsafe by reason of damage by fire, the
elements, 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 point of congregation by vagrants and
transients. A dilapidated building may also serve as 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 Wappinger 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 Wappinger.
As used in this chapter, the following terms shall have the meanings
indicated:
Any building, structure or portion thereof used for residential,
business or industrial purpose.
The Building Inspector of the Town of Wappinger or such other person
appointed by the Town Board to enforce the provisions of this chapter.
When in his own opinion or upon receipt of information that a building
is or may become dangerous or unsafe to the general public, is open at the
doorways and windows making it accessible to and 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 shall cause or make
an inspection thereof and report, in writing, to the Town Board his findings
and recommendations in regard to its repair or demolition and removal.
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 its demolition and removal, and further order that a notice be served upon
the persons and in the manner provided herein.
The notice shall contain the following: a description of the premises;
a statement of the particulars in which the building is unsafe or dangerous;
an order outlining the manner in which the building is to be made safe and
secure or demolished and removed; a statement that the securing or removal
of such building shall commence within 30 days of the service of the notice
and shall be completed within 60 days thereafter, unless for good cause shown
such time shall be extended; 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 business days from the date of service
of the notice; and a statement 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 costs of demolition, including legal expenses.
Said notice shall be served:
A.Â
By personal service of a copy thereof upon the owner,
executor, administrator, agent, lessee or any person having a vested or contingent
interest in such unsafe building as shown by the records of the Receiver of
Taxes (or Tax Collector) or of the County Clerk; 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 as shown by the above records if
said person resides within the town, otherwise by mailing by both regular
and registered mail if such person resides outside the town;
B.Â
By 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; and
C.Â
By securely affixing a copy of such notice upon the unsafe
building.
A copy of the notice served as provided herein shall be filed in the
office of the County Clerk of the County of Dutchess.
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 demolition and removal of such building or structure either by town employees or by contract. Except in emergency as provided in § 93-11 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 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 the life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the Town Board may by resolution authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. 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 § 93-10 hereof.
The surveyor appointed as provided herein shall be paid reasonable compensation
as shall be fixed by the Town Board.
[Added 9-13-1999 by L.L. No. 6-1999;
amended 3-22-2004 by L.L. No. 5-2004]
Any person, firm or corporation who or which shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, § 122-20I of the Code or imprisonment for not more than 15 days, or both.
[Added 8-18-2003 by L.L. No. 10-2003]
This chapter will be enforced by the Zoning Administrator, the Building
Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire
Inspector and any police agency having jurisdiction within the Town of Wappinger.
