Town of North Salem, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of North Salem 9-28-1999 by L.L. No. 7-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 40.
Electrical standards — See Ch. 78.
Fire prevention and building construction — See Ch. 92.
Plumbing — See Ch. 169.
Subdivision of land — See Ch. 200.
Zoning — See Ch. 250.
The Building Inspector of the Town of North Salem is hereby designated and appointed as the official to make all inspections and representations authorized or required by this chapter.
Unsafe buildings and collapsed structures, in business, industrial and residential zoning districts, that from any cause may now be or may become dangerous and unsafe to the public shall be repaired or removed by the owners thereof.
The Building Inspector shall inspect any building or structure, as directed by the Town Board, for the purpose of making a report of the condition and shall have the right to enter upon lands and into buildings for that purpose. Such report shall be made to the Town Board.
In the event that the Town Board shall determine, on the basis of said report, that the building is dangerous or unsafe to the public, it shall direct the Building Inspector to serve notice upon 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 of the owner's executors, legal representatives, agents, lessees or other persons having a vested or contingent interest in 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 same to be made safe and secure or removed, and if such service is made by registered mail, for a copy of such notice to be posted on the premises, and said notice shall provide the time within which the person served shall commence the securing or removal of said building or structure, and said time shall not be less than 10 days from the service of said notice.
In the event of the neglect or refusal of the person served with the notice to comply with same, an inspection shall be made by an engineer and architect to be named by the Town Board and a contractor, engineer or architect appointed by the person served. Notice to appoint shall be given personally or by registered mail to the person so served, and in the event of the neglect or refusal of said person to appoint such contractor, engineer or architect within 10 days after the date of said service, the two appointees named shall make the inspection and report. The notice to appoint the inspector shall state that, in the event that the building or structure is reported unsafe or dangerous under such inspection, an application will be made by the Town Board at a special term of the Supreme Court in the Ninth Judicial District for an order determining the building or structure to be a public nuisance and directing that it shall be repaired or secured or taken down and removed by the municipality at the direction of the Town Board.
Upon the filing of the report of the inspectors, the Town Board shall set the compensation of the inspectors, and it shall direct the Building Inspector to post a signed copy of the report upon the building or other structure and to send a second copy by registered mail to the owner.
All costs and expenses incurred by the Town, including the costs of the repair or removal of the building or structure if the owner shall refuse to repair or remove the same, shall be determined by the Town Board and assessed against the land on which said building or structure is located.
A. 
The Town Board by resolution shall direct the Building Inspector to cause an inspection to be made of said buildings.
B. 
Unsafe or dangerous defects; standards. Any structure or building which has any of the following defects or conditions shall be deemed unsafe or dangerous within the meaning of this chapter.
(1) 
Those which interior walls or other vertical structure members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle 1/3 of its base.
(2) 
Those which, exclusive of foundation, show 33% or more of deterioration of the supporting member or members or 50% of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
(3) 
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.
(4) 
Those which have been damaged by fire, wind or other causes so as to become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Town of North Salem.
(5) 
Those which have become or are so dilapidated, decayed, unsafe, 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, so as to work injury to the health, morals, safety or general welfare of those living therein.
(6) 
Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
(7) 
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means or communication.
(8) 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
(9) 
Those which because of their condition are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the Town of North Salem.
Any person owning or having charge or control of any building which has been vacant for over 60 days shall remove all combustible waste and refuse therefrom and lock, barricade, guard continuously or otherwise secure all windows, doors and other openings in the building to prohibit entry by unauthorized persons.
Any person failing or neglecting to comply with the provisions of the report specified in this chapter for a period of 10 days after service of the report as specified herein shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment. For a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.