[HISTORY: Adopted by the Town Board of the Town of Orangetown 5-29-1984 by L.L. No.
7-1984.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 5.
Building construction administration — See Ch. 6.
Demolition of buildings — See Ch. 8.
Be it enacted by the Town Board of the Town of Orangetown as
follows:
[1]
Editor's Note: This local law also repealed former Ch.
37, Unsafe Buildings, adopted 12-10-1957.
Unsafe buildings pose a threat to life and property in the Town
of Orangetown. 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.
It is the purpose of this chapter to provide for the safety, health,
protection and general welfare of persons and property of the Town
of Orangetown by requiring such unsafe buildings to be repaired or
demolished and removed.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof used for residential,
business or industrial purpose.
The Director of the Office of Building, Zoning and Planning
Administration and Enforcement of the Town of Orangetown, Building
Inspector or Assistant Building Inspector or such other person appointed
by the Town Board to enforce the provisions of this chapter.
When, in his own opinion or upon receipt of information, a building
is or may become dangerous or unsafe to the general public; is open
at the doorways and windows, making it accessible or 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;
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, the Building Inspector shall cause or make an inspection
thereof and report in writing to the Town Board 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, or its demolition and removal and further
order that a notice be served upon the persons and in the manner provided
herein.
A.Â
The notice shall contain the following:
(1)Â
A description of the premises.
(2)Â
A statement of the particulars in which the building or
structure is unsafe or dangerous.
(3)Â
An order outlining the manner in which the building is
to be made safe and secure or demolished and removed.
(4)Â
A statement that the securing or removal of such building
shall commence within 30 days of service of the notice and shall be
completed within 60 days thereafter, unless for good cause shown such
time shall be extended.
(5)Â
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 not less than five business days from the date of service
of the notice.
(6)Â
A statement that in the event of neglect or refusal to
comply with the order to secure or demolish and remove the building,
the Town Board is authorized to provide for its 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 demolition,
including legal expenses.
B.Â
The notice shall be filed in the Office of the County Clerk
of the County of Rockland in the same manner as a notice of pendency
pursuant to the Civil Practice Law and Rules, Article 65, and the
aforementioned notice shall be effective for a period of one year
from the date of filing. The aforesaid filing may be vacated upon
an order of a Judge or Justice of a court of record or upon the consent
of the Town Attorney.
The notice shall be served by personal service of a copy thereof
upon the owner, executor, administrator, agent, lessee or any person
having a vested or contingent interest in such unsafe building, as
shown by the records of the receiver of taxes or of the County Clerk,
or if no such person can be reasonably found, by mailing such owner,
by registered mail, a copy of such notice directed to his last known
address as shown by the above records; and 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 and by securely
affixing a copy of such notice upon the unsafe building.
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 demolition and removal of such building or structure, either by Town employees or by contract. Except in emergency as provided in § 37-9 hereof, any contract for demolition and removal of a building in excess of the amount provided for in § 103 of the General Municipal Law of the State of New York shall be awarded through competitive bidding.
All expenses incurred by the Town 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 said building is located.
[Amended 4-23-2007 by L.L. No. 4-2007]
A.Â
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 and/or secured and/or demolished, the Director of the Office of Building, Zoning and Planning Administration and Enforcement may immediately cause said building to be repaired and/or secured and/or demolished. The expenses of such action shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 37-8 hereof.
B.Â
Whenever the Director of the Office of Building, Zoning and Planning Administration and Enforcement acts pursuant to Subsection A above, he or she shall submit a written report to the Town Board, the Town Attorney, the Town Tax Assessor and the Town Receiver of Taxes as soon as practicable, but in no event later than seven days after the completion of the action performed pursuant to Subsection A above. Said report shall contain all of the following: a description of the premises; a statement of the particulars in which the building or structure is unsafe or dangerous; a statement of the particulars in which the building or structure presents a clear and imminent danger to the life, safety or health of any person or property; a statement as to the work performed; a statement identifying the persons or contractors who performed said work, if any; a statement as to the total expenses incurred by the Town, if any; and a statement requesting that the Tax Assessor and the Receiver of Taxes recover the total expenses incurred by the Town pursuant to § 37-8 of this Code. If any or all of this information is unavailable at the expiration of the aforementioned time period, such information shall be delivered immediately upon it being acquired by the Director of the Office of Building, Zoning and Planning Administration and Enforcement.
This local law shall take effect upon publishing, posting and
upon filing a copy with the Secretary of State as required by law.
