[HISTORY: Adopted by the Town Board of the Town of Red Hook 4-13-1976
by L.L. No. 10-1976 as Ch. 23 of the 1976 Code. Sections
52-3, 52-6D, 52-7, 52-8 and 52-12 added and § 52-9 amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 74.
This chapter shall be known as the "Unsafe Buildings and Collapsed Structures
Law."
The Town Board, in order to promote the safety and welfare of the persons
and property within the Town of Red Hook, Dutchess County, finds it in the
public interest to enact this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
A structure wholly or partly enclosed within exterior walls or within
exterior or party walls and a roof, affording shelter to persons, animals
or property.
A building or structure which is structurally unsound, unsanitary
or not provided with adequate ingress or egress or which constitutes a fire
hazard or which has become unsafe by reason of damage by fire, the elements,
age or general deterioration or which, in relation to an existing use, constitutes
a hazard to public health, safety or welfare by reason of inadequate maintenance,
dilapidation, obsolescence or abandonment or which is otherwise dangerous
to human life.
When, in the opinion of the Building Inspector of the Town of Red Hook,
any building or structure located within the Town of Red Hook shall be deemed
to be unsafe or dangerous to the public, the Building Inspector shall make
a formal inspection thereof and report in writing to the Town Board of the
Town of Red Hook the findings and recommendations in regard thereto.
The said Town Board, upon receipt of the Building Inspector's report,
shall promptly thereafter consider said report and determine whether or not
said building or structure is unsafe and dangerous and requires repair or
removal.
In the event that the Town Board finds said building or structure to
be unsafe and dangerous, it shall, by resolution, order its removal or repair
and shall order that service of a notice be made, either personally or by
registered mail to the last known address, upon the owner or some one of the
owner's executors, legal representatives, agents, lessees or any other
person having a vested or contingent interest in the land upon which the building
or structure is located. Said notice shall contain the following:
A.
The location of said building or structure.
B.
A statement setting forth the particulars in which the
same is unsafe or dangerous.
C.
An order that the same be made safe and secure or removed.
D.
A statement that the owner has a right to a public hearing
before the Town Board and notice of the time and place of the hearing. At
the hearing, the owner or occupant shall have the right to contest the order
and findings of the Town Board.[1]
E.
The time within which the person served with such notice
shall commence and complete the securing or removal of said building or structure.[2]
[2]
Editor's Note: Former § 23-5E and F, which provided for a survey of the unsafe building or structure and application to the New York State Supreme Court for an order to remove said building or structure and which immediately followed this subsection, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
The Town Board shall conduct the public hearing at the time and place
specified in the notice to repair or demolish. It may adjourn the hearing
from time to time until all interested parties are heard and until the hearing
is completed. At the conclusion of the hearing, the Town Board shall determine
by resolution to revoke the order to repair or remove, modify said order or
continue and affirm said order and direct the owner or other persons to complete
the work within the time specified in the order or such other time as shall
be determined by the Town Board.
In the event of the refusal, failure or neglect of the owner or person
so notified to comply with said order of the Town Board within the time period
specified in said order and after the public hearing, the Town Board shall
provide that such building or structure be made safe and secure or removed
and demolished by town employees or by independent contractors. Except in
emergency cases as herein provided, any contract for repair or demolishing
or removal of a building or structure in excess of $5,000 shall be awarded
through competitive bidding.
The Town Board, in its discretion, may elect to apply to the Supreme
Court of the State of New York for an order directing that the building be
repaired and secured or demolished and removed.
Any provision in this chapter to the contrary notwithstanding, where
an emergency areas which would result in probable loss of life or property,
the Town Board shall have the power to take immediate action to protect the
safety of persons and property.
A.
All costs and expense incurred by the town in connection
with any and all of the above proceedings to remove or secure, including the
cost of actually removing said building or structure, shall be assessed against
the land upon which said building or structure is situated.
B.
The Supervisor of the town shall file, immediately preceding
the time for making the annual assessment roll, a certificate itemizing the
actual costs and expenses incurred by the town in connection with the aforesaid
proceeding, with the Assessor of the town, who shall, in preparation of the
next assessment roll of general town taxes, assess such amount upon such property,
and the same shall be levied, collected and enforced in the same manner, by
the same proceeding, at the same time, under the same penalties, and having
the same lien upon the land assessed as the general town tax and as a part
thereof.
