[HISTORY: Adopted by the Town Board of the
Town of Mamaroneck 10-17-1984 by L.L. No. 6-1984 (Ch. 15 of the 1975
Code). Amendments noted where applicable.]
The purpose of this chapter is to provide for
the removal or repair of buildings in business, industrial and residential
sections of the Town of Mamaroneck that, from any cause, may now be
or shall hereafter become dangerous or unsafe to the public.
A.
The Building Inspector or the Director of Building
Code Enforcement and Land Use Administration or either's designated
representative shall inspect and record any dangerous or unsafe condition
in any building or structure within the limits of the unincorporated
area of the Town of Mamaroneck.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
B.
Should the Building Inspector or the Director of Building
Code Enforcement and Land Use Administration or either's designated
representative determine that any building or structure is unsafe
or dangerous or that any dangerous or unsafe condition shall exist
within any building or structure, he shall submit notice by serving
on the owner or one of the owner's executors, legal representatives,
agents, lessees or any other person having a vested or contingent
interest in the property, either personally or by registered mail,
addressed to the last known address, if any, of the owner or one 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, 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. If such service is made by registered mail, a copy of
such notice shall be posted on the premises.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
C.
Such notice shall further provide that the person
so served shall commence the securing or removal of the buildings
or structures within 10 days of receipt of said notice.
D.
In any instance where the Building Inspector or the
Director of Building Code Enforcement and Land Use Administration
or either's designated representative shall determine that an emergency
condition exists which is dangerous to the life or safety of any individual,
he may require that the person so served shall commence the securing
or removal of the buildings or structures within a period of less
than 10 days from the receipt of said notice. However, in such instance,
the notice shall state that there is such an emergency condition and
shall specify both the condition and the time in which it must be
corrected.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
Should the Building Inspector or the Director
of Building Code Enforcement and Land Use Administration or either's
designated representative determine that such an unsafe or dangerous
condition exists within a building or structure that said building
or structure constitutes an imminent threat to life, then the Building
Inspector or the Director of Building Code Enforcement and Land Use
Administration or either's designated representative may cause to
be posted at each entrance of such building a notice that said building
is unsafe and its use or occupancy has been prohibited by the Building
Department of the Town of Mamaroneck, and he shall further be permitted
to require, upon service of such written notice upon the occupants
of said building, their removal from said building until said building
had been secured or removed.
A copy of any such notice served pursuant to § 71-2 shall be filed in the office of the County Clerk of the County of Westchester, which notice shall be filed 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 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 Counsel to the Town. The Clerk of the County where such notice is filed shall mark such notice in any record or docket thereof as canceled of record upon the presentation and filing of such consent or a certified copy of such order.
A.
Upon noncompliance with the order to remove or make safe and secure as provided in § 71-2 herein, a hearing shall be held before the Town Board. Notice of the time and place thereof shall be specified in the notice to repair or demolish served upon the owner or such persons having an interest in the property or structure as herein prescribed.
The cost and expenses incurred by the Town in
connection with the proceedings set forth in this chapter for the
correction of any unsafe or dangerous condition or the removal by
the Town of any said building or structure upon the failure of the
owner or other person notified to secure or remove the building or
structure shall be assessed against the land on which said building
or structure is located by the Assessor for the Town of Mamaroneck.
