[HISTORY: Adopted by the Town Board of the Town of Corinth 6-4-1992.
Amendments noted where applicable.]
Whenever the Town Board of the Town of Corinth has reasonable cause
to believe that any building or structure, whether business, industrial or
residential, may now be or shall hereafter become dangerous or unsafe to be
public or that any structure is collapsed or in imminent danger of becoming
collapsed, it may order an inspection and report of said situation by the
Town Building Inspector or Code Enforcement Officer, Town Engineer or any
other official duly appointed by the Town Board.
[Added 12-5-1996 by L.L.
No. 2-1996]
As used in this chapter, the following terms shall have the meanings
indicated:
A building or structure which is structurally unsound, unsanitary
or not provided with adequate ingress or egress; or which constitutes a fire
hazard; or which has become unsafe by reason of damage by fire, the elements,
age or general deterioration; or which, in relation to an existing use, constitutes
a hazard to public health, safety or welfare by reason of inadequate maintenance,
dilapidation, obsolescence or abandonment; or which is otherwise dangerous
to human life.
Upon the aforesaid inspector reporting that the building or structure
may now be or shall hereafter become dangerous or unsafe to the public, the
Town Board, in its sole discretion, may cause a notice to be served on the
owner or some one (1) of the owner's executors, legal representatives, agents,
lessees or any other person having a vested or contingent interest in the
same, either personally or by registered mail, addressed to the last known
address, if any, of the owner or some one (1) of the owner's executors, legal
representatives, agents, lessees or other person having a vested or contingent
interest in the same, as shown by the records of the Receiver of Taxes and/or
in the office of the County Clerk or County Register, containing a description
of the premises, a statement of the particulars in which the building or structure
is unsafe or dangerous and an order requiring the same to be made safe and
secure or removed; and if such service be made by registered mail, for copy
of such notice to be posted on the premises.
The Town Board shall also determine a time within which the person served with such notice may commence the securing or removal of said building or structure and shall include said time period within the notice indicated in § 65-3 above.
The Town Board shall also file a copy of such notice in the office of
the County Clerk of the county within which such building or structure is
located, 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,
except as otherwise hereinafter provided in this section. A notice so filed
shall be effective for a period of one (1) 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. The Clerk of the
county where such notice is filed 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.
The Town Board shall also conduct a hearing before the Town Board, notice
of which and the time and place thereof to be specified in the notice to repair
or demolish, served upon the owner and such persons having an interest in
the property or structure as is herein prescribed. The purpose of said hearing
shall be to determine whether there is reasonable cause to believe that said
building or structure is now or shall hereafter become dangerous or unsafe
to the public and whether the town should secure or remove such building or
structure in the event that such owner fails or refuses to repair or remove
the same within the time provided.
In the event that the town either secures, repairs or removes part or all of said building, structure or contents pursuant to and following a hearing as provided in § 65-6 above, there shall be an assessment of all costs and expenses incurred by the town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, against the land on which said buildings or structures are located. In such event, the town shall bear no obligation to store, maintain or in any way guarantee or protect the building, structure or any contents or personal property which may have been abandoned within said structure or building. Further, the Town Board, after the aforesaid hearing, may, in its sole discretion, determine the best means of repair or removal.
[Added 12-5-1996 by L.L.
No. 2-1996]
Any person or persons who shall violate any provisions of this chapter
shall be guilty of an offense punishable by a fine not exceeding two hundred
fifty dollars ($250.) or imprisonment for a period not exceeding fifteen (15)
days, or both. Each days' continued violation shall constitute a separate
offense.
