[HISTORY: Adopted by the Town Board of the Town of Smithtown as Ch. 48 of the 1964 Code; amended in its entirety 6-26-1984. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 112.
The Town Board may 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.
Prior to the removal or repair of any building as aforesaid, the Town Board shall provide as follows:
A. 
For an inspection and report by an official duly appointed by the Town Board.
B. 
For a notice to be served on 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 property, either personally or by registered mail, addressed to the last known address, if any, of the owner, or someone of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk or County Register, containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring the same to be made safe and secure or removed; and, if such service is made by registered mail, for a copy of such notice to be posted on the premises.
C. 
For time within which the person served with such notice may commence the securing or removal of the buildings or structures.
D. 
For the filing of a copy of such notice in the office of the Clerk of the county within which such building or structure is located, 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 county of record or upon the consent of the Town Attorney.
E. 
For a hearing before the Town Board, notice of which and the time and place thereof to be specified in the notice to repair or demolish, served upon the owner and such persons having an interest in the property or structure as herein prescribed.
F. 
For the removal of such building or structure by the Town in the event that such owner fails or refuses to repair or remove the same within the time provided.
G. 
For the assessment of all costs and expense incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure and the cost of insurance indemnifying the Town against any loss arising from injuries to persons or property as a result of the Town removing or securing said building or structures, against the land on which said building or structures are located.