Town of Kingsbury, NY
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Kingsbury 3-26-1984 by L.L. No. 2-1984 (Ch. 39 of the 1983 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 95.

§ 100-1 Declaration.

It is hereby declared that any building, structure or part thereof which has been damaged by fire or explosion or which has become unsafe, dangerous, unsightly or otherwise detrimental to the public safety, health, morals or general welfare is hereby declared to be an imminent danger to the life and safety of the public and to be a public nuisance.

§ 100-2 Inspection and report.

The Building Inspector, or the official appointed by the Town Board of the Town of Kingsbury for the purposes of enforcing this chapter, shall inspect any structure located within the Town which may be a hazard to the health and safety of the public. Said official shall make a report in writing of his formal inspection to the Town Board of the Town of Kingsbury making his findings and recommendations in regard to the removal or repair of the building.

§ 100-3 Determination.

The Town Board shall thereafter consider the report and recommendations and, by resolution, determine that said structure or building or part of the building is unsafe and dangerous and thereby a public nuisance and order its removal or repair if the building or structure can be safely repaired.

§ 100-4 Contents of notice.

The Board shall thereupon cause a notice to be served on the owner, the owner's agent, legal representative, lessee or assign, either personally or by registered mail, addressed to the last known address of the owner, the owner's agent, legal representative, lessee or assign, containing the following information:
A. 
A description of the premises.
B. 
A statement of the particulars.
C. 
An order requiring the same to be made safe and secure or to be removed.
D. 
A time limit within which the person so served shall commence the securing or removing of the building or structure.
E. 
Scheduling for a hearing before the Board within 14 days after the service of the notice specifying the time, place and date of said hearing.
F. 
A statement that assessment of all costs and expenses incurred by the Town in connection with proceedings to remove or secure, upon failure of the owner or person so served to do so will be an assessment against the land upon which the building or structure is so located.

§ 100-5 Service of notice by registered mail.

If service of said notice is made by registered mail, a copy of such notice shall be posted on the premises.

§ 100-6 Filing of notice with County Clerk.

A copy of the notice shall be filed with the Washington County Clerk, which notice shall be filed by said Clerk in the same manner as a notice of pendency and shall be effective for a period of one year.

§ 100-7 Failure to remove or repair; assessment of costs.

If the owner, agent, legal representative, lessee or assign fails or refuses to repair or remove the same within the time period provided in the notice or if after a hearing before the Board the owner, agent, legal representative, lessee or assign fails or refuses to repair or remove the same within the time provided for such repair or removal by the Town Board, the Town Board may proceed to remove said building, wall or structure and to fill the excavation and level the property and assess the cost thereof against the property. The costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, shall be assessed against the land and become a lien on the property and shall be collectible in the same manner as the taxes levied thereon.