[HISTORY: Adopted by the Town Board of the Town of Delaware 3-15-1995 by L.L. No.
2-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 116.
Unsafe buildings pose a threat to life and property in the Town
of Delaware. 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. It is the purpose of this
chapter to provide for the safety, health protection and general welfare
of persons and property in the Town of Delaware by requiring that
such unsafe buildings be repaired or demolished and removed.
This chapter shall be known as "Unsafe Buildings Law" of the
Town of Delaware.
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 Building Inspector of the Town of Delaware or such other
person appointed by the Town Board to enforce the provisions of this
chapter.
The Town of Delaware.
When in his own opinion or upon receipt of information that
a building: 1) is or may become dangerous or unsafe to the general
public; 2) is open at the doorways and windows making it accessible
to and an object of attraction to minors under 18 years of age, as
well as to vagrants and other trespassers; 3) is or may become a place
of rodent infestation; 4) presents any other danger to the health,
safety and general welfare of the public; or 5) 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
of the Town 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 shall
further order that a notice be served upon the persons and in the
manner provided herein.
The notice shall contain the following:
A.
A description of the premises;
B.
A statement of the particulars in which the building is unsafe or
dangerous;
C.
An order outlining the manner in which the building is to be made
safe and secure or demolished and removed;
D.
A statement that the securing or removal of such building shall commence
within 30 days of the service of the notice and shall be completed
within 60 days thereafter, unless, for good cause shown, such time
shall be extended;
E.
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;
and
F.
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.
The said notice shall be served:
A.
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 Assessor 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[1]
B.
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
C.
By securely affixing a copy of such notice upon the unsafe building.
A copy of the notice served as provided herein shall be filed
in the office of the County Clerk of the County of Sullivan.
In the event of the refusal or neglect of a 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 an emergency as provided in § 103-11 hereof, any contract for demolition and removal of a building in excess of $20,000 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, and all reasonable and
necessary legal expenses incidental thereto shall, at the option of
the Town Board, either:
A.
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
15 of the Town Law for the levy and collection of a special ad valorem
levy; or
B.
Be collected by commencement of a special proceeding against the
owner of said unsafe or dangerous building or structure pursuant to
General Municipal Law § 78-b.
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 § 103-10 hereof.
A person who shall have violated this chapter shall be guilty
of a violation and, upon conviction, shall be punishable by a fine
not exceeding $250 or imprisoned for a term not exceeding 15 days,
or both. Each separate day of violation shall constitute a separate
offense.
