[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.]
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.
