[HISTORY: Adopted by the Board of Trustees of the Village
of Red Hook 9-20-1971 by L.L. No. 1-1971. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See Ch. 95.
The title of this chapter shall be the "Unsafe Buildings and
Collapsed Structures Law."
[Added 1-20-1999 by L.L. No. 1-1999]
As used in this chapter, the following terms shall have the
meanings indicated:
Any building or structure or portion thereof which:
Because of its structural condition, is or may become dangerous
or unsafe to the public.
Is open at the doorways or walls, making it accessible to and
an object of attraction to minors under 18 years of age, as well as
to vagrants and other trespassers.
Is or may become a place of rodent infestation.
Consists of debris, rubble or parts of buildings left on the
ground after demolition, reconstruction, fire or other casualty.
Presents any other danger to the health, safety, morals and
general welfare of the public.
The Village Board, in order to promote the safety and welfare
of the persons and property within the Incorporated Village of Red
Hook, Dutchess County, finds it in the public interest to enact this
chapter.
A.
When, in the opinion of the Code Enforcement Officer of the Village
of Red Hook, any building or structure located within the Village
of Red Hook shall be deemed to be unsafe or dangerous to the public,
the Code Enforcement Officer shall make a formal inspection thereof
and report, in writing, to the Village Board of the Village of Red
Hook his findings and recommendations in regard thereto.
B.
Said Village Board, upon receipt of the Code Enforcement Officer'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.
C.
In the event that said Board of Trustees finds said building or structure
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 upon someone 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:
(1)
The location of said building or structure.
(2)
A statement setting forth the particulars in which the same is unsafe
or dangerous.
(3)
An order that the same be made safe and secure or removed.
(4)
The time within which the person served with such notice shall commence
and complete the securing or removal of said building or structure.
(5)
In the event of neglect or refusal of the person served with notice
to comply with same, a survey to be made by an official of the Village
and a practical builder, engineer or architect to be named by the
Board of Trustees and a practical builder, engineer or architect appointed
by the person so notified; and in the event of the refusal or neglect
of the person so notified to appoint such surveyor, the two surveyors
acting on behalf of the Village shall make the survey and report.
(6)
If the report of the surveyors shows the building or structure to
be dangerous or unsafe, an application will be made to a special term
of the Supreme Court of the State of New York in the Ninth Judicial
District, not less than five days nor more than 10 days after the
posting of said report, for an order determining said building or
structure to be a public nuisance and directing that it should be
repaired and secured or taken down and removed.
(7)
The land upon which said building or structure is located shall be
assessed for all costs and expenses incurred by the Village in connection
with the proceedings to remove or secure, including the cost of actually
removing said building or structure from said land.
D.
In the event that the person so notified neglects or refuses to comply
with the order of the Village Board, a survey of said premises shall
be made in the following manner:
(1)
The Village Board, by resolution, shall appoint an official of the
Village and a practical builder, engineer or architect, and the person
notified shall appoint a practical builder, engineer or architect,
and the three appointees shall make said survey and the majority of
said surveyors shall submit a written report thereon as to their findings
in regard to the unsafe or dangerous condition of said building or
structure. If the person so notified shall fail to appoint a surveyor,
the two surveyors appointed by the Village Board shall proceed and
report.
(2)
A signed copy of such report shall be posted on said building or
structure.
E.
In the event that said survey report shall find said building or
structure unsafe or dangerous, the Village Board, by resolution, shall
direct the Mayor of the Village to make application to the Supreme
Court of the State of New York in the Ninth Judicial District, not
less than five nor more then 10 days after the posting of said report,
for an order determining said building or structure to be public nuisance
and directing that it shall be repaired and secured or taken down
and removed.
Any provision in this chapter to the contrary notwithstanding,
where an emergency arises which would result in probable loss of life
or property, the Village Board shall have the power to take immediate
action to protect the safety of persons and property.
The surveyors appointed by the Board of Trustees shall be paid
reasonable compensation for the service performed by them.
[Added 1-20-1999 by L.L. No. 1-1999]
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be punishable by
a fine of not more than $250 or imprisonment for not more than 15
days, or both. Each day of continuance of an offense shall be considered
a separate offense.
