City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[Adopted 5-22-2000 by Ord. No. 8-2000]
Any building, structure or part thereof having any of the defects found in Subsections A through D may be designated by the Building Inspector as unsafe and may be so placarded in accordance with § 129-4 of this chapter:
A. 
Lack of facilities: the building, structure or part thereof lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public.
B. 
Deteriorated condition: the building, structure or part thereof is damaged, decayed, dilapidated, insanitary, unsafe or vermin infested in such a manner as to create a serious hazard to the health and safety of the occupants or the public.
C. 
Detrimental conditions: the building, structure or part thereof, because of the location, general conditions, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public.
D. 
Noncompliance with notice or orders: the building, structure or part thereof, because of the failure of the owner or occupant to comply with such notices or orders issued pursuant to this chapter, is unsafe.
Whenever the head of the code enforcement agency determines that a building, structure or part thereof is unsafe as provided in § 129-17 of this article, he shall include such finding within the notice of violation provided for in § 129-9 of this chapter, and he shall also include a statement of his intent to vacate and placard the building, structure or part thereof if compliance with the provisions of the notice of violations has not been secured.
Whenever a notice of violation as provided in § 129-18 of this chapter has not been complied with, the Building Inspector may order the building, structure or part thereof to be vacated. A copy of such order to vacate shall be served on the owner, agent, operator and the occupant. Such order shall be deemed to be properly served upon such owner, agent, operator or occupant if a copy is served upon him personally or if a copy thereof is sent by certified mail, return receipt requested, to the last known address of such person or if a copy is posted in a conspicuous place in or about the building affected by the notice and if a copy is mailed by registered mail, on the same day it is posted, to the owner, agent, operator or occupant or by such other method authorized by the laws of the State of New York.
Any building, structure or part thereof designated as unsafe pursuant to § 129-17 and ordered vacated as provided in § 129-19 shall be vacated within such reasonable time as the Building Inspector may specify in the order. No such building, structure or part thereof shall again be used for any purpose and the placard removed until written approval is secured from the Building Inspector.
No person shall deface or remove the placard from any building, structure or part thereof which has been designated as unsafe, except as provided in § 129-20.
The owner, agent or operator of any building, structure or part thereof which has been designated as unsafe and vacated shall make such building, premises or part thereof safe and secure in whatever manner the Building Inspector shall deem necessary. Any such vacated building shall be secured and/or boarded pursuant to Article II of this chapter.
Whenever the lack of adequate heating facilities is found by the Building Inspector to constitute a danger to the health, safety or welfare of the occupants of any building, structure or part thereof, the Building Inspector may, in addition to all other powers granted him by this chapter or any other statute, local law or ordinance, serve notice upon the owner, agent, operator or occupant, as the case may require, that, unless adequate heat is provided immediately, the Building Inspector shall cause said heating facilities to be repaired immediately so as to remove the danger to the health, safety or welfare of the occupants. The cost of making such repairs shall be assessed against the property or collected from the owner as a personal liability.