[HISTORY: Adopted by the Town Board of the Town of Philipstown 9-3-1987 as L.L. No. 5-1987. Amendments noted where applicable.]
Building construction and fire prevention — See Ch. 62.
When, in the opinion of the official appointed by the Town Board of the Town of Philipstown for the purpose of enforcing this chapter, any structure located therein shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof and report, in writing, to the Town Board his findings and recommendations in regard to its removal or repair.
The Town Board shall thereafter consider this report and, by resolution, determine, if in its opinion the report so warrants, that said structure or building is unsafe or dangerous and order that it be made safe and secure or demolished and removed, and further order that a notice shall be given in the manner hereinafter provided.
The notice shall contain the following:
A description of the premises.
A statement of the particulars in which the building or structure is considered unsafe or dangerous.
An order that the building be made safe and secure or be demolished and removed.
A statement that the securing or removal of such building shall commence within 30 days of the service of notice and shall be completed within 60 days thereafter, unless, for good cause shown, such time shall be extended.
A date, time and place for a hearing before the Town Board in relation to such dangerous or unsafe building or structure, which hearing shall be scheduled not less than five business days from the date of service of the notice.
A statement that, in the event of neglect, failure or refusal to comply with the order to secure or demolish and remove the building or structure, the Town Board is authorized to provide for its being made safe and secure, but if not reasonable or practicable, to provide for its demolition and removal, to assess all costs and 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.
Said notice shall be served in the following manner: on the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in same, either personally or by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same, as shown by the records of the Receiver of Taxes, and if such service be made by registered mail, for a copy of such notice to be posted on the premises.
A copy of said notice served as provided herein shall be filed in the office of the County Clerk of the County of Putnam in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules.
In the event of the neglect, failure or refusal 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 securing or demolition and removal of such building or structure, either by town employees or by contract, except in cases of emergency as provided by § 66-4 hereof. Any contract for the securing or demolition and removal of a building or structure shall be subject to the competitive bidding requirements of § 103 of the General Municipal Law, when applicable.
In cases of emergency which, in the opinion of the Town Board, involve imminent danger to human life or health, the Board shall promptly cause such building, structure or portion thereof to be made safe and secure or removed. For this purpose, the town may at once enter such structure or land on which it stands or abutting land or structure with such assistance and at such cost as may be necessary. The town may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary and, for this purpose, may close a public or private way.
All costs and expenses incurred by the town in connection with the proceedings to remove or secure, including the cost of actually removing said buildings or structures, shall be assessed against the land on which said buildings or structures are located.
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of this chapter or to fail, in any manner, to comply with a notice, directive or order of the Town Board or a town official or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
A violation of this chapter shall be an offense which may be prosecuted in a court of competent jurisdiction in lieu of a civil action.
Any conviction hereunder shall be punishable by a fine of not more than $250 or 15 days in jail, or both. Each day that a violation continues shall be deemed a separate offense.
This section shall not apply to violations of the provisions of the State Uniform Fire Prevention and Building Code which are punishable under § 382 of the Executive Law of the State of New York, nor to violations of the provisions of the Multiple Residence Law of the State of New York which are punishable as set forth therein.