[HISTORY: Adopted by the Town Board of the
Town of Ramapo 6-13-1979 by L.L. No. 7-1979. Amendments noted where
applicable.]
It is the intent of this chapter to provide
for a rapid and efficient means of removal or securing or repair of
unsafe structures after examination, notice and hearing.
[Amended 2-6-2012 by L.L.
No. 2-2012]
The Building Inspector of the Town of Ramapo
is hereby authorized to be and shall be the enforcement officer for
this chapter. When, in his opinion, he shall deem any structure unsafe
or dangerous to the public, he shall cause a further examination thereof
to be made by a licensed architect or professional engineer, provided
that the inspection is performed by a Town employee. Upon concurrence
with the Building Inspector's opinion, he shall promptly give notice,
as hereinafter provided, of such condition to the owner or occupants
thereof and order the repair, removal, securing or demolition of the
structure in accordance with this chapter.
A.
The notice referred to in § 112-2 shall contain at least the following information and such other information as the Building Inspector may determine:
(1)
The location of the structure, giving the tax lot
and block and street address, if any.
(2)
A brief statement setting forth the particulars in
which and the reasons why said structure is deemed unsafe or dangerous.
(3)
That, in the event that the order set forth in § 112-3B is not complied with within the time specified, the land upon which the structure is located will be assessed for all costs and expenses incurred by the Town of any nature in order to secure compliance with the order, said costs and expenses to be collected in the same manner and time as Town taxes.
The notice and order shall be served by the
Building Inspector in any one of the following manners:
A.
By personal service upon the owner of said land as
the same is shown on the last complete assessment roll of the Town.
B.
By mailing to such owner as shown on the assessment
roll, by certified or registered mail, return receipt requested, a
copy of said notice and order and by securing or affixing a copy of
the same upon the structure.
C.
By delivery of a copy thereof to any adult person
in charge of or residing in said structure and by securing or affixing
a copy of said notice and order upon the same.
A.
Any person affected by the notice and order as set forth in § 112-3 may request, and shall be granted, a hearing before the Zoning Board of Appeals upon payment of the Board's fee, which shall give preference to such application; provided, nevertheless, that any person so affected shall file a verified petition with the Director of Building, Planning and Zoning or his designee and the Building Inspector no later than seven days after service of the notice and order.
[Amended 2-6-2012 by L.L.
No. 2-2012]
B.
The Zoning Board of Appeals shall set a time and place
for hearing and give the petitioner seven days' written notice thereof.
At the hearing, the petitioner shall be given an opportunity to be
heard and to give reasons why the Building Inspector's order should
be modified or overruled.
C.
In the event that the order is not rescinded, the
owner of the property shall comply with said order, or as said order
may be modified, within five days after the filing of the decision
of the Zoning Board of Appeals with the Director of Building, Planning
and Zoning or his designee. A copy of said decision shall be mailed
by ordinary mail.
[Amended 2-6-2012 by L.L.
No. 2-2012]
The petition shall contain the following information
under oath:
A.
The name and address of the true owner of the property.
B.
The reasons for the request of the hearing.
C.
Supporting documentation from a licensed architect or engineer, setting forth the grounds upon which the notice and order described in § 112-3 should be overruled or modified.
D.
The name and address of the owner or his personal
representative upon whom service of all other papers, including the
decision, may be made.
E.
Such other information as may be relevant to the petitioner's
case.
A.
If the Building Inspector determines that there is
actual or immediate danger of failure or collapse of the structure
or for any other reason determines that use or occupancy will endanger
life or limb of the occupants, he shall require the building or structure
or portion thereof to be vacated forthwith, by posting at each entrance
of said building or structure a notice stating "This building is unsafe,
and use or occupancy is hereby prohibited by the Building Inspector."
In the event that said owner or any party in interest fails to demolish, repair, remove or secure the structure as directed in the order and notice of the Building Inspector within the time indicated thereon, or as the same may be modified by the Zoning Board of Appeals, the Town of Ramapo may at any time thereafter enter upon the lands and property and cause the building or structure to be repaired, demolished, removed or secured, and all costs and expenses incurred therewith by the Town shall forthwith become a lien upon and against the property or premises so affected and collected as described in § 112-3A(3). No demolition shall take place without the express approval of the Town Board.
All powers authorized by § 130 of
the Town Law, Subdivision 16, are hereby incorporated by reference,
but to the extent that this chapter differs in form, content or procedure
from any general law, this chapter shall control.
Any person violating any section of this chapter, except § 112-7B, shall be guilty of a Class 3 violation as defined in Chapter 1 of the Revised Code of the Town of Ramapo. The remedies contained within this chapter shall further not be exclusive, but shall be in addition to any other remedy provided by law, nor shall the invoking of any remedy or procedure contained within this chapter bar the pursuit of any and all other remedies, and the same are intended to be cumulative.
Each week or any portion thereof during which
a violation of this chapter shall exist shall constitute a separate
and distinct Class 3 violation.
