[HISTORY: Adopted by the Town Board of the Town of Fallsburg as indicated in article histories. Amendments noted where applicable.]
Article I Removal or Repair
Article II Removal of Nuisances Due to Fire or Explosion
[Adopted 11-18-1980 by L.L. No. 2-1980 (Ch. 33 of the 1971 Code)]
The purpose of this chapter is to provide for the removal or repair of buildings in business, industrial and residential sections that, from any cause, may now be or shall hereafter become dangerous or unsafe to the public.
When in the opinion of the Code Enforcement Officer, who is hereby designated as the Enforcement Officer of this chapter, any building or structure located in the Town shall be deemed to be dangerous or unsafe to the public, the Code Enforcement Officer shall make a formal inspection thereof, and report in writing to the Town Board his or her findings and recommendations in regard to the building's or structure's removal or repair.
The Town Board shall thereafter consider said report and if it finds from said report that there is ground to believe that such building or structure is dangerous or unsafe to the public, the Town Board, by resolution, shall order its removal or repair, if the same can be safely repaired, and further order that a notice shall be personally served upon the owner or someone 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 records of the Town Tax Collector and/or by the records of the Sullivan County Clerk's Office.
If no such person can be reasonably found, then by mailing a copy of such notice to such person or corporation by registered mail, addressed to his or her last known address and by securely posting a copy of such notice upon said premises.
Contents of notice. The said notice shall contain the following statements:
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 securing or removal of the said building or structure shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter.
Notice of hearing. Such notice shall further provide that in case the owner and such persons having an interest in the property or structure as herein prescribed wish to contest the order, that a hearing will be held before the Town Board at a time and place specified and that in the event such owner or persons having an interest shall fail to contest such order and fail to comply with same, the Town Board will order the repair or removal of such building or structure by the Town and that the Town will assess all costs and expense incurred by the Town in the removal of such building or structure against the land on which such building or structure is located.
A copy of the notice served in accordance with § 104-3 shall be filed in the Sullivan County Clerk's Office, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules, and shall have the same effect as a notice of pendency as therein provided.
A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the Town Attorney.
The Sullivan County Clerk shall mark such notice and any record or docket thereof as cancelled of record upon the presentation and filing of such consent or of a certified copy of such order.
At the time and date specified in the notice to repair or demolish, the Town Board shall conduct the public hearing. It may adjourn from time to time until the hearing is completed and until all interested parties are heard.
At the conclusion of the hearing, the Town Board shall determine to revoke the order to repair or remove; or continue said order and direct the owner and other persons to complete the work within a specified time which shall be reasonable as to the time needed to perform the work and the necessity to protect the general public.
In the event the owner and persons in interest shall fail to comply with the final order of the Town Board to make such building safe and secure or removed, the Town Board shall order such building or structure to be made safe and secure or removed and assess all the costs and expense, including the cost of actually removing such building or structure, against the land on which such building or structure is located at the same time and in the same manner as general Town taxes.
[Adopted as § 29.12 of the 1971 Code]
Public nuisance. A building or structure or part thereof which is an imminent danger to life and safety of the public as a result of a fire or explosion is hereby declared to be a public nuisance.
Emergencies. Whenever the Code Enforcement Officer finds a building or structure, or part thereof, to be an imminent danger to life and safety of the public as a result of a fire or explosion, the Code Enforcement Officer may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger.
The Code Enforcement Officer may require the occupants of any such building or structure, or part thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure, or part thereof, until it is made safe.
Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs, or to demolish and remove such building or structure, or part thereof.
Assessment of costs and expenses. All costs and expenses incurred by the Town of Fallsburg in connection with any work done to remove the danger, or in connection with the demolition and removal of any such building or structure, shall be assessed against the land on which such building or structure is located, and a bill for such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay for such expenses within 10 days after the bill is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Code Enforcement Officer may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred, and the owner thereof, with the Assessor, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties, as is provided by law for the collection and enforcement of real property taxes in the Town of Fallsburg.