[HISTORY: Adopted by the Town Board of the
Town of Shandaken at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building code administration — See Ch. 74.
This chapter shall be known as the "Unsafe Buildings
Chapter of the Town of Shandaken."
Unsafe buildings and structures pose a threat
to life and property in the Town of Shandaken. Buildings and structures
may become unsafe by reason of damage by fire, the elements, age or
general deterioration. Vacant buildings not properly secured at doorways
and windows also serve as an attractive nuisance for young children
who may be injured therein, as well as a point of congregation by
vagrants and transients. A dilapidated building may also serve as
a place of rodent infestation, thereby creating a health menace to
the community. It is the purpose of this chapter to provide for the
safety, health, protection and general welfare of persons and property
in the Town of Shandaken by requiring such unsafe buildings to be
secured or repaired or demolished and removed.
Unless otherwise expressly stated, the following
terms, for the purpose of this chapter, shall have the meanings indicated
in this section:
Any building, structure or portion thereof used for residential,
business, industrial or any other purpose.
Such person as may be designated by the Town Board, by resolution,
or, if none is so designated, the Zoning Enforcement Officer for the
Town of Shandaken.
When the Code Enforcement Officer shall, on
the basis of information received by him or upon his own investigation,
be of the opinion that a building is or may become dangerous or unsafe
to the general public; is open at the doorways and windows, making
it accessible to and an object of attraction to persons under 18 years
of age as well as to vagrants and other trespassers; is or may become
a place of rodent infestation; presents any other danger to the health,
safety, morals and general welfare of the public; or is unfit for
the purposes for which it may lawfully be used, he shall cause or
make an inspection thereof and make a report, in writing, to the Town
Board of his findings and recommendations in regard to its repair
or demolition and removal.
The Town Board shall thereafter consider such
report and, by resolution, determine, if in its opinion the report
so warrants, that such building is unsafe and dangerous and order
its repair if the same can be safely repaired, its securing or its
demolition and removal and further order that a notice be served upon
the persons and in the manner provided herein.
A.
The notice shall contain the following:
(1)
A description of the premises upon which the building
is located.
(2)
A statement of the particulars in which the building
is unsafe or dangerous.
(3)
An order outlining the particulars in which the building
is to be made safe and secure or demolished and removed.
(4)
A statement that the repair, securing or removal of
such building shall commence within 30 days of the service of the
notice and shall be completed within 60 days thereafter, unless, for
good cause shown, such time shall be extended.
(5)
A date, time and place for a hearing before the Town
Board in relation to such dangerous or unsafe building, which hearing
shall be scheduled no less than seven calendar days from the date
of service of the notice.
(6)
A statement that in the event of neglect or refusal
to comply with the order to repair or secure or demolish and remove
the building, the Town Board is authorized to provide for its securing
or repair or demolition and removal, to assess all expenses thereof
against the land on which it is located and to institute a special
proceeding to collect the costs of securing or repair or demolition
and removal, including legal expenses.
B.
The description of the premises in the notice shall
be adequate if it is substantially the same as the description of
the premises contained on the town tax assessment rolls.
The notice shall be served:
A.
By personal service, within the Town of Shandaken,
of a copy thereof upon the owner, executor, administrator, agent,
lessee or any person having a vested or contingent interest in such
building as shown by the records of the Town Assessors or of the County
Clerk; or by mailing to any of such persons by certified or registered
mail to his last known address as shown by the records of the Town
Assessors; and
B.
By personal service of a copy of such notice upon
any adult person residing in or occupying said premises if such person
can be reasonably found upon the premises of the unsafe building;
or by securely affixing a copy of such notice upon the unsafe building.
A copy of the notice served as provided herein
shall be filed in the office of the County Clerk of the County of
Ulster.
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the securing or repair or the demolition and removal of such building either by town employees or by contract. Except in emergency as provided in § 65-12 hereof, any contract for securing or repair or demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding.
All expenses incurred by the town in connection
with the proceeding to repair or secure or demolish and remove the
unsafe building, including the cost of actually securing, repairing
or demolishing and removing such building and legal fees and expenses,
shall be assessed against the land on which such building is located
and shall be levied and collected in the same manner as provided in
the Town Law for the levy and collection of a special ad valorem levy.
Any person who violates any provision of this
chapter shall be guilty of an offense against this chapter and shall
be subject to a fine, for the first week's continuation of such violation
following service of notice as provided herein or for any portion
of that week, of not more than $250 or to imprisonment for a period
of not more than 15 days, or both such fine and imprisonment. In addition,
any person who violates any of the provisions of this chapter or who
shall omit, neglect or refuse to do any act required by this chapter
shall severally, for each and every such violation, forfeit and pay
a civil penalty not to exceed $100 a day for each day of continued
violation in excess of the first week following service of notice
as provided herein. The imposition of penalties for any violation
of this chapter shall not excuse the violation or permit it to continue.
The application of the above penalty or penalties for any violation
of this chapter shall not preclude the enforced removal of conditions
prohibited by this chapter.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe building is immediately repaired or secured or demolished and removed, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the repair or securing or demolition of such unsafe building. The expense of such repair or securing or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 65-10 hereof.
