[HISTORY: Adopted by the Board of Trustees of the Village
of Walden 12-14-1982 by L.L. No. 6-1982 (Ch. 63 of the 1982 Code). Amendments
noted where applicable.]
Unsafe buildings pose a threat to life and property in the Village
of Walden. 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. Debris, rubble or parts
of buildings left on the ground and not removed constitute a dangerous,
unhealthy and unsightly condition. It is the purpose of this chapter
to provide for the safety, health, protection and general welfare
of persons and property in the Village of Walden by requiring such
unsafe buildings to be repaired or demolished and removed.
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 108 and 109 of
the Property Maintenance Code of New York State.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof used for residential,
business, industrial, recreational or other purpose.
The Building Inspector of the Village of Walden or such other
person appointed by the Board of Trustees to enforce the provisions
of this chapter.
Any debris, rubble or parts of buildings which remain on
the ground or on the premises after demolition, reconstruction, fire
or other casualty.
Any building or structure or portion thereof which:
[Amended 2-27-1996 by L.L. No. 2-1996]
Has interior walls or other vertical structural members which
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle 1/3 of its base.
Exclusive of the foundation, shows 33% or more of damage to
or deterioration of the supporting member or members or 50% damage
to or deterioration of the nonsupporting enclosing or outside walls
or covering.
Has improperly distributed loads upon the floor or roofs or
in which the same are overloaded or have insufficient strength to
be reasonably safe for the purpose used.
Has been damaged by fire, wind or other causes so as to have
become dangerous to life, safety, morals or the general health and
welfare of the occupants or the people of the Village of Walden.
Has become or is so dilapidated, decayed, unsafe, unsanitary
or which so utterly fails to provide the amenities essential to decent
living that it is unfit for human habitation or is likely to cause
sickness or disease so as to work injury to the health, morals, safety
or general welfare of those living therein.
Has light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human
beings who live or may live therein.
Has inadequate facilities for egress in case of fire or panic
or insufficient stairways, elevators, fire escapes or other means
of communication.
Has parts thereof which are so attached that they may fall and
injure members of the public or property.
It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Village of Walden to maintain such building or structure or portion of such building or structure in any condition or manner which shall be unsafe, as defined in § 109-2 of this chapter.
When, in the opinion of the Building Inspector, any building or structure located in the Village of Walden shall be deemed to be dangerous or unsafe to the public, as defined in § 109-2, the Building Inspector shall make a formal inspection thereof and report in writing to the Board of Trustees his findings and recommendations in regard to the building's or structure's removal or repair.
The Board of Trustees shall thereupon consider said report,
and if it finds that such building or structure is dangerous and unsafe
to the public, it shall, by resolution, order its repair if the same
can be safely repaired and, if not, its removal and demolition, and
shall further order that a hearing be held before the Board of Trustees
at a time and place therein specified and on at least five days'
notice to the owner of the building or structure or persons having
an interest therein to determine whether said order to repair or remove
shall be affirmed or modified or vacated and, in the event of modification
or affirmance, to assess all costs and expenses incurred by the Village
in the repair or removal of such building or structure against the
land on which said building or structure is located.
The notice shall contain the following statements:
A.
The name of the owner or person in possession as appears from the
tax and deed records.
B.
A brief description of the premises and its location.
C.
A description of the building or structure which is unsafe or dangerous
and a statement of the particulars in which it is unsafe or dangerous.
D.
An order requiring the same to be made safe and secure or to be removed.
E.
That the securing or removal of said building or structure shall
commence within a specified number of days of the service of the notice
and shall be completed within a specified number of days thereafter.
F.
The time and place of the hearing to be held before the Board of
Trustees, at which hearing the owner or occupant shall have the right
to contest the order and findings of the Board of Trustees.
G.
That, in the event that such owner, occupant or other person having
an interest in said premises shall fail to contest such order and
fail to comply with the same, the Board of Trustees will order the
repair or removal of such building or structure by the Village, and
that the Village will assess all costs and expenses incurred in such
removal against the land on which such building or structure is located.
H.
That in any case where a building which is required to be made safe
and secure under this chapter is made safe by the boarding up thereof,
the material used for such boarding shall be painted, as near as practicable,
the same color as the building.
A.
A copy of said notice shall be personally served upon the owner or
some one of the owners, executors, legal representatives, agents,
lessees or other person having a vested interest in the premises as
shown on the Village tax records or in the records in the Orange County
Clerk's office.
B.
If no such person can be reasonably found for personal service, then
a copy of said notice shall be mailed to such person by registered
mail addressed to his last known address as shown on said records
and by personally serving a copy of said notice upon any adult person
residing in or occupying said premises or by securely affixing a copy
of said notice upon said building or structure.
C.
A copy of said notice shall be filed in the Orange County Clerk's
office, which notice shall be filed 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. A notice so filed shall be effective for a period of one
year from the date of filing. It may be vacated upon an order of a
judge or justice of a court of record or upon written consent of the
Village Attorney of the Village of Walden. The Orange County Clerk
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.
The Board of Trustees 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 Board of Trustees 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 Board of Trustees.
In the event of the refusal, failure or neglect of the owner
or person so notified to comply with said order of the Board of Trustees
within the time specified in said order and after the public hearing,
the Board of Trustees shall provide that such building or structure
be made safe and secure or removed and demolished by Village employees
or by independent contractors. Except in emergency cases as herein
provided, any contract for repair or demolishing and removal of a
building or structure in excess of $5,000 shall be awarded through
competitive bidding.
All expenses incurred by the Village in connection with the
proceedings to repair and secure or demolish and remove the unsafe
building, including the cost of actually removing such building, 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 Article
5 of the Village Law for the levy and collection of real property
taxes.
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 or structure is immediately repaired and secured or demolished, the Board of Trustees may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 109-10 hereof.
The Board of Trustees, 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.
The Board of Trustees may commence a special proceeding pursuant
to § 78-b of the General Municipal Law to collect the costs
of demolition, including reasonable and necessary legal expenses.
