[HISTORY: Adopted by the Town Board of the
Town of Sullivan 9-5-1984 by L.L. No. 1-1984. Amendments noted where
applicable.]
All buildings or structures in the Town of Sullivan, outside
the Village of Chittenango, which are structurally unsafe, unsanitary
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 section, 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 Town Board hereby designates the Town Code Enforcement Officer
to make an inspection and report of any such unsafe building or structure
and to file such report with the Town Clerk. If an unsanitary condition
exists, the Town Health Officer shall be requested to make an inspection,
and his/her report shall be included in the report of the Town Code
Enforcement Officer.
A.
If the aforesaid inspection and report indicates that said building or structure is in violation of § 118-1 herein and should be repaired, rehabilitated or demolished, then the Town Attorney shall prepare 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 same, 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 same, as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk, 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 same to be made safe and secure or removed, and, if such service is made by registered or certified mail, for a copy of such notice to be posted on the premises.
B.
The aforesaid notice shall provide a reasonable time
within which the person served with such notice may commence the securing
or removal of said buildings or structures.
C.
The aforesaid notice shall also include notice 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 is herein prescribed.
D.
The aforesaid notice shall also provide notice 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.
A.
Upon completion of service of such notice, in accordance with § 118-3A herein, the Town Attorney shall secure the filing of a copy of such notice in the office of the County 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, except as otherwise hereinafter provided in this subsection. 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 court of record or upon the consent of the Town Attorney. The Clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
B.
The Town Assessor shall provide for the assessment
of all 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 against the land on which said
buildings or structures are located.
The provisions of this chapter shall be in addition to, and
in furtherance of, the New York State Uniform Fire Prevention and
Building Code, including, but not limited to, Sections 107 and 108
of the Property Maintenance Code of New York State.
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy
or maintain any building or structure or portion thereof in violation
of any provision of this chapter, or to fail in any manner to comply
with a notice, directive or order of the enforcement officer or to
construct, alter or use and occupy any building or structure or part
thereof in a manner not permitted by an approved building permit or
certificate of occupancy.
B.
Any person who shall fail to comply with a written
order of the enforcement officer within the time fixed for compliance
therewith and any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents or any other person taking
part or assisting in the construction or use of any building who shall
knowingly violate any of the applicable provisions of this chapter
or any lawful order, notice, directive, permit or certificate of the
enforcement officer made thereunder shall be punishable by a fine
of not more than $250 or 15 days in jail, or both. Each day that a
violation continues shall be deemed a separate offense.[1]
C.
Except as provided otherwise by law, such a violation
shall not be a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penalty or criminal penalty
or punishment and shall not impose any disability upon or affect or
impair the credibility as a witness or otherwise of any person convicted
thereof.
D.
This section shall not apply to violations of the
provisions of the State Building Code Law punishable under § 382
of the Executive Law of the State of New York, nor to violations of
the provisions of the Multiple Dwelling Law punishable under § 304
of the Multiple Dwelling Law of the State of New York.[2]
