[HISTORY: Adopted by the Council of the City of Beacon 1-17-1972
as Art. V of Ch. 8 of the 1972 Code of Ordinances. Amendments noted where
applicable.]
A.
All buildings or structures which are structurally unsafe,
insanitary or not provided with adequate egress or which constitute a fire
hazard or are otherwise dangerous to human life or which, in relation to existing
use, constitute a hazard to safety or health by reason of inadequate maintenance,
dilapidation, obsolescence or abandonment are, severally, for the purpose
of this chapter, unsafe buildings. All such unsafe buildings are hereby declared
to be illegal and shall be abated by repair and rehabilitation or by demolition
in accordance with the procedure of this chapter.
The Building Inspector shall examine or cause to be examined every building
reported as unsafe or damaged and shall make a written record of such examination.
A.
Whenever the Building Inspector shall find any building
or structure or portion thereof to be an unsafe building as defined in this
chapter, he shall, in the same manner as provided for the service of stop
orders,[1] give to the owner, agent or person in control of such building
or structure written notice stating the defects thereof. This notice shall
require the owner within a stated time either to complete specified repairs
or improvements or to demolish and remove the building or structure or portion
thereof.
B.
If the Building Inspector finds that there is actual
and immediate danger of failure or collapse so as to endanger life, such notice
shall also require the building, structure or portion thereof to be vacated
forthwith and not reoccupied until the specified repairs and improvements
are completed, inspected and approved by the building official. The Building
Inspector shall cause to be posted at each entrance to such building a notice:
"THIS BUILDING IS UNSAFE, AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY
THE BUILDING DEPARTMENT." Such notice shall remain posted until the required
repairs are made or demolition is completed. It shall be unlawful for any
person, firm or corporation, or their agents or other servants, to remove
such notice without written permission of the Building Inspector or for any
person to enter the building, except for the purpose of making the required
repairs or of demolishing the same.
C.
In case the owner, agent or person in control cannot
be found within the stated time limit or if such owner, agent or person in
control shall fail, neglect or refuse to comply with the notice to repair,
rehabilitate or demolish and remove such building or structure or portion
thereof, the City Council shall be advised of all the facts in the case and
shall institute an appropriate action in the courts to compel compliance.
[Amended 4-6-1998 by L.L.
No. 3-1998]
In cases of emergency which, in the opinion of the Building Inspector,
involve imminent danger to human life or health, he shall promptly cause such
building, structure or portion thereof to be made safe or removed. For this
purpose, he may at once enter such structure or land on which it stands, or
abutting land or structure, with such assistance and at such cost as may be
necessary. He may vacate adjacent structures and protect the public by appropriate
barricades or such other means as may be necessary and, for this purpose,
may close a public or private way. The Building Inspector shall take such
action as is required to abate the danger that exists on the property, including
but not limited to draining a pool and securing the property from trespassers.
[Amended 4-6-1998 by L.L.
No. 3-1998]
The actual cost to the City of said remediation, plus a sum equal to
5% of such actual cost for inspection and other additional costs in connection
therewith, shall be certified to the City Administrator. This amount shall
become a lien upon the property on which remediation has become due and payable
with the taxes remitted by the property owner upon the next tax bill prepared
by the City.
