[HISTORY: Adopted by the Town Board of the
Town of Coeymans 6-3-1971; amended in its entirety 7-9-2020 by L.L. No. 5-2020.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 71.
This chapter shall be known as the "Unsafe Buildings Law of
the Town of Coeymans."
A.
The purpose
of this chapter is to promote and preserve the health, safety and
welfare of the public and residents and/or owners of property located
within the Town of Coeymans by providing a method for the removal
or repair of buildings that, from any cause, may now be or shall hereafter
become dangerous or unsafe to the public and residents and/or owners
of property within the Town of Coeymans. Unsafe buildings serve as
an attractive nuisance for young children, who may be injured therein;
may be a point of congregation by vagrants and transients; may attract
rodent or insects; and may also attract illegal drug activity.
B.
The powers
conferred upon the Town of Coeymans by this chapter shall be in addition
to all other powers conferred upon the Town of Coeymans in relation
to the same subject by state law.
The Town Board of the Town of Coeymans as Legislative Body for
the Town of Coeymans hereby enacts this chapter pursuant to authority
conferred by New York State Town Law Article 16, New York State Municipal
Home Rule Law, and the New York State Constitution.
In any case where the provisions of this chapter impose a stricter
standard than that set forth in any law of the Town or under the laws
of the State of New York, then the standards as set forth herein shall
prevail; but if the provisions of this chapter impose a less stringent
standard than any law of the Town or of the laws of the State of New
York, then the stricter standard contained in any such other ordinance
or law shall prevail.
As used in this chapter, the following terms shall have the
meanings indicated:
The Building Inspector of the Town of Coeymans or such other
person appointed by the Town Board to enforce the provisions of this
chapter.
Includes all buildings which have any or all of the following
defects:
Those whose interior walls or exterior bearing walls or other
vertical structural members list, lean or buckle to such an extent
as to weaken the structural support they provide;
Those which, exclusive of the foundation, show 33% or more of
damage to or deterioration of the supporting member or members or
50% of damage to or deterioration of the nonsupporting, enclosing
or outside walls or covering;
Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used;
Those which have been damaged by fire, wind or other causes
so as to have become dangerous to life, safety or the general health
and welfare of the occupants or the people of this Town of Coeymans;
Those which have become or are so dilapidated, decayed, unsafe
or unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation or are likely
to cause sickness or disease to those living therein or adjacent thereto;
Those having light, air and sanitation facilities which are
inadequate to protect the health, safety or general welfare of human
beings who live or may live therein, with particular reference to
the requirements of the New York State Uniform Fire Prevention and
Building Code as a determinant;
Those having inadequate facilities for egress in case of fire
or panic or those having insufficient stairways, elevators, fire escapes
or other means of communication, again referencing the New York State
Uniform Fire Prevention and Building Code as a determinant;
Those which have parts thereof which are so attached that they
may fall and injure members of the public or property;
Those which consist of debris, rubble or parts of buildings
left on the ground after demolition, reconstruction fire or other
casualty;
Those which, because of their condition, are unsafe, unsanitary
or dangerous to the health, safety or general welfare of the people
of the Town of Coeymans.
No person, firm, corporation or association owning, possessing
or controlling a building in this Town shall permit, suffer or allow
said building now or hereafter to be or become unsafe to the public
and/or residents from any cause whatsoever.
The Building Inspector shall make inspections of all unsafe
buildings within the Town of Coeymans and report to the Town Board
all unsafe buildings which from time to time may be found within the
limits of the Town of Coeymans.
A.
The Town
Board shall consider the report of the Building Inspector and, if
in its opinion the report so warrants, shall determine that the building
is unsafe and order its demolition or repair, if the same can be safely
repaired, and further order that a notice shall be given to the owner
as follows.
B.
The notice
shall contain the following:
(1)
A description
of the premises;
(2)
A statement
of the particulars in which the building is unsafe;
(3)
An order
requiring the building to be repaired or demolished;
(4)
That
the repairing or demolition of the building shall commence within
30 days of the serving of the notice, as hereinafter provided, and
shall be completed within 60 days thereafter;
(5)
A date,
time and place for a hearing before the Town Board in relation to
such unsafe building, which hearing shall be scheduled not less than
five business days from the day of service of the notice;
(6)
A statement
that in the event of neglect or refusal to comply with the order to
repair or demolish the building, the Town Board is authorized to provide
for its repair or demolition, 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.
A.
Said notice
shall be served in the following manner:
(1)
By personal
service of a copy thereof upon the owner or some one of the owners,
executors, legal representative, agents, lessees or any other person
having a vested or contingent interest in the premises as shown by
the last preceding completed assessment roll of the Town of Coeymans,
or of the County Clerk, such service to be complete and the thirty-day
time period recited in said notice to commence upon service; or
(2)
By mailing
a copy of said notice to such owner as aforesaid by registered mail,
return receipt requested, addressed to the last known address of the
owner and by affixing a copy of said notice to the premises, such
service to be complete and the thirty-day time period recited in said
notice to commence 10 days after the filing of the return receipt.
B.
A copy of
the notice shall also be filed in the office of the County Clerk of
the county within which such building 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. 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 upon
the consent of the Town Attorney.
A.
The hearing
shall be conducted before the Town Board. The Building Inspector shall
present his or her report to the Town Board in writing. The owner
or his or her representative, if present, shall call such witnesses
as he or she deems necessary. The Town Board shall make written findings
of fact from the testimony offered as to whether or not the building
in question is an unsafe building.
B.
If such
owner shall neglect, fail or refuse to comply and, after said hearing,
the Town Board finds that the building is a public nuisance and directs
its repair or demolition, the owner shall repair or demolish said
building within the time prescribed by the Town Board.
C.
If the
owner fails or neglects to repair or demolish said building as directed
by the Town Board following the hearing, and then the Town Board shall
direct the repair or demolition of same forthwith.
In the event of neglect or refusal of the persons so notified
to comply with said order of the Town Board, the Town Board shall
provide for the demolition and removal of such building either by
Town employees or by contract. Except in an emergency, any contract
subject to the requirements of General Municipal Law § 103(1)
or other applicable law shall be awarded by competitive bidding.
A.
In case
there shall be, in the opinion of the Building Inspector, actual and
immediate danger of the falling of a building so as to endanger public
safety, life or property or actual or immediate menace to health or
public welfare as a result of the conditions present in or about a
building, he or she shall cause the necessary work to be done to render
such a building temporarily safe, whether the procedure prescribed
in this chapter for unsafe buildings has been instituted or not.
B.
When emergency
work is to be performed under this section, the Building Inspector
shall cause the owner thereof to be served personally or by registered
mail, return receipt requested, and, if served by registered mail,
shall post on the premises a notice to comply containing a description
of the premises, a statement of the facts in which the building is
unsafe or dangerous and orders and directions to correct the conditions
which constitute an emergency within a specified period, not to exceed
three days from actual or constructive receipt of the notice.
C.
In the
event that the emergency does not permit any delay in correction,
the notice shall state that the Town has corrected the emergency condition.
D.
In both
cases, the notice shall state that the corrective costs of the emergency
will be assessed against the owner pursuant to the provisions of this
chapter.
In addition to the remedies provided by this chapter, the Town
Board may request the Town Attorney to make an application to the
Supreme Court for an order determining the building to be a public
nuisance and directing that it shall be repaired and secured or demolished.
A.
All costs
and expenses incurred by the Town in connection with the proceedings
to repair, secure, demolish or remove the unsafe building, including
all costs of work performed or services rendered, including and any
fees incurred by the Town for engineering, legal or other professional
services, shall be chargeable to the owner of the premises and shall
be assessed against the land on which said building is located. The
expense so assessed shall constitute a lien and charge on the real
property on which it is levied until paid or otherwise satisfied or
discharged and shall be collected in the same manner and at the same
time as other Town taxes and charges.
B.
The Town
of Coeymans may commence a special proceeding pursuant to § 78-b
of the General Municipal Law to collect the costs of repairing, securing,
demolition or removal of the unsafe building, including reasonable
and necessary expenses for engineering, legal or other professional
services.
Civil penalties. Any person/owner who violates any provision
of this chapter shall be liable to a civil penalty of not more than
$200 for each day or part thereof during which such violation continues.
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of this Town.
This chapter shall take effect immediately.
