[HISTORY: Adopted by the Town Board of the Town of Cochecton 11-28-1986 by L.L. No.
2-1986. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Unsafe
Buildings Law of the Town of Cochecton, New York."
The purpose of this chapter is to provide for the removal or
making safe and secure of buildings in business, industrial and residential
sections that, from any cause, may now be or shall hereafter become
dangerous or unsafe to the public.
When, in the opinion of the Building Inspector, who is hereby
designated as the enforcement officer of this chapter, any building
or structure located in the Town shall be deemed to be dangerous or
unsafe to the public, the enforcement officer shall make an inspection
thereof and report in writing to the Town Board his or her findings
and recommendations in regard to the building's or structure's
removal or making it safe and secure.
The Town Board shall thereafter consider said report, and if
it finds from said report that there is ground to believe that such
building or structure is dangerous or unsafe to the public, the Town
Board, by resolution, shall order it to be made safe and secure or
removed and further order that a notice shall be served upon the owner
or someone of the owner's executors, legal representatives, agents,
lessees or any other person having a vested or contingent interest
in the premises, as shown by the records of the Receiver of Taxes
and/or by the records of the Sullivan County Clerk's office,
by registered mail, addressed to his or her last known address, and
by securely posting a copy of such notice upon said premises.
A.
Contents of notice. The said notice shall contain the following statements:
(1)
A description of the premises.
(2)
A statement of the particulars in which the building or structure
is unsafe or dangerous.
(3)
An order requiring the same to be made safe and secure or removed.
(4)
That the securing or removal of the said building or structure shall
commence within 30 days of the service of the notice and shall be
completed within 60 days thereafter.
B.
Notice of hearing. Such notice shall further provide that, in case
the owner and such persons having an interest in the property or structures
as herein prescribed wish to contest the order, a hearing will be
held before the Town Board at a time and place specified, and that
in the event such owner or persons having an interest shall fail to
contest such order and fail to comply with same, the Town Board will
order the same to be made safe and secure or removal of such buildings
or structures by the Town, and that the Town will assess all costs
and expenses incurred by the Town in the removal of such building
or structure against the land on which such building or structure
is located.
A.
A copy of the notice served in accordance with § 95-4 shall be filed in the Sullivan County Clerk's office, 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.
B.
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.
C.
The Sullivan 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.
A.
At the time and date specified in the notice to make safe and secure
or remove, the Town Board shall conduct the public hearing. It may
adjourn from time to time until the hearing is completed and until
all interested parties are heard.
B.
At the conclusion of the hearing, the Town Board shall determine
whether to revoke the order to make safe or remove or continue said
order and direct the owner and other persons to complete the work
within a specified time, which shall be reasonable as to the time
needed to perform the work and the necessity to protect the general
public.
In the event the owner and persons in interest shall fail to
comply with the final order of the Town Board to make such building
safe and secure or to remove, the Town Board shall order such building
or structure to be made safe and secure or removed and assess all
the costs and expenses, including the cost of actually removing such
building or structure, against the land on which such building or
structure is located at the same time and in the same manner as general
Town 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 is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. 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 § 95-8 hereof.
