[HISTORY: Adopted by the Town Board of the Town of Greenville 11-11-1987
by L.L. No. 2-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 111.
A.
Unsafe buildings pose a threat to life and property in
the Town of Greenville. Buildings and structures may become unsafe by reason
of damage by fire, the elements, age or general deterioration. Vacant buildings
not properly secured at doorways and windows also serve as an attractive nuisance
for young children who may be injured therein, as well as a point of congregation
by vagrants and transients. A dilapidated building may also serve as a place
of rodent infestation, thereby creating a health menace to the community.
Vacant parcels or the property on which improvements may exist may constitute
a serious and growing menace and may be injurious or detrimental to the public
safety, health and welfare. It is the purpose of this chapter to provide for
the safety, health, protection and general welfare of the persons and property
in the Town of Greenville by requiring that such unsafe buildings and dangerous
properties be repaired, secured for safety purposes or demolished and removed.
B.
Declaration as public nuisances. All dangerous properties
within the terms of this chapter are hereby declared to be public nuisances
and shall be repaired, cured, cleared, cleaned, vacated or demolished as hereinafter
provided.
As used in this chapter the following terms shall have the meanings
indicated:
Any building, structure or portion thereof used for residential,
business, agricultural or industrial purposes, whether vacant or occupied.
The Building Inspector of the Town of Greenville or such other person
appointed by the Town Board to enforce the provisions of this chapter.
Those officers of the Town of Greenville duly authorized as such.
Properties which have become or are so dilapidated, decayed, unsafe, unsanitary, a fire hazard or likely to cause injury, sickness or disease and, therefore, are deemed to be a danger to the health, safety or general welfare of those residing in or upon the property or adjacent to the same or to the citizens of the Town of Greenville at large. Dangerous properties are further defined as properties which because of their condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of the Town of Greenville. Dangerous property shall also be those properties which are in violation of any provision of Chapter 111, Fire Prevention, of the Town of Greenville or the New York State Uniform Fire Prevention and Building Code or any provision of any other appropriate laws of the Town of Greenville or State of New York. Dangerous properties may include the whole or a portion of any real property described in a deed recorded in the office of the Clerk of Orange County, New York, or on the tax rolls and Tax Map of the Town of Greenville, Orange County, New York. Dangerous properties may be improved or unimproved real property containing buildings and/or vacant land.
The Designate Fire Inspector of the Town of Greenville.
The Town of Greenville.
The Town Board of the Town of Greenville.
A.
Duties of Fire Inspector. The Fire Inspector shall make
a report, in writing, to the Building Inspector upon direction of the Building
Inspector or on his own observation of all properties which are, may be or
are suspected to be dangerous properties within the terms of this chapter.
Such reports must be delivered to the Building Inspector within 72 hours upon
such request or observation.
B.
Duties of the Constable. The Town Constables shall make
a report, in writing, to the Building Inspector upon direction of the Building
Inspector or on his own observation of any properties which are, may be or
are suspected to be dangerous properties within the terms of this chapter.
Such reports must be delivered to the Building Inspector within 72 hours upon
such request or observation.
C.
Investigation and report by Building Inspector. When
in his opinion or upon receipt of information that a building is or may become
dangerous or unsafe to the general public, is open at the doorways or windows
or otherwise, making it accessible to and an object of attraction to minors
under 18 years of age, as well as to vagrants and other trespassers, is or
may become a place of rodent infestation, presents any other danger to the
health, safety and general welfare of the public or is unfit for the purposes
for which it may lawfully be used, the Building Inspector shall cause or make
an inspection thereof and report, in writing, to the Town Board his findings
and recommendations in regard to its being repaired, secured for safety purposes
or its demolition and removal.
The Town Board shall thereafter consider such report and by resolution determine, if, in its opinion, the report so warrants, that such building is unsafe and dangerous and order its repair, if the same can be safely repaired, its securing for safety purposes or its demolition and removal and further order that a notice be served upon the persons designated in § 85-6 of this chapter and in the manner provided therein.
This notice for repair or removal shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building
or property is unsafe or dangerous.
C.
A statement outlining the manner in which the building
or property is to be made safe and secure or demolished and removed.
D.
An order that the securing or removal of such building
or condition (nuisance) shall commence within 30 days of the service of the
notice and shall be completed within 60 days thereafter, unless for good cause
shown such time shall be extended.
E.
A date, time and place for a hearing before the Town
Board in relation to such dangerous or unsafe building, which hearing shall
be scheduled not fewer than five business days from the date of service of
the notice.
F.
A statement that in the event of neglect or refusal to
comply with the order to secure or demolish and remove or correct such condition
(nuisance) the Town Board is authorized to provide for its repair, securing
or its demolition and removal as the case may be, to assess all expenses thereof
against the land on which it is located and to institute a special proceeding
to collect the cost of demolition or repair, including legal and engineering
expenses.
The notice required under this chapter shall be served by personal service
of a copy thereof upon the owner, executor, administrator, agent, lessee or
any person having a vested or contingent interest in such unsafe building
or property as shown on the records of the Assessor of the Town or of the
County Clerk; if no such person can be reasonably found, service shall be
made by mailing the notice to such owner by certified mail, return receipt
requested, a copy of such notice directed to his last known address as shown
on the assessment rolls of the Town of Greenville, and by personal service
of a copy of such notice upon any person residing in or occupying said premises
if such person can reasonably be found and by securely affixing a copy of
such notice upon the unsafe building or property. Affidavits of service of
the notice shall be filed with the Town Clerk of the Town of Greenville at
the hearing.
A copy of the notice served as provided herein shall be filed in the
office of the Clerk of the County of Orange and with the Town Clerk of the
Town of Greenville.
In the event of the refusal or neglect of the person so notified to
comply with the order of the Town Board and after the hearing, the Town Board
shall provide for the repair, securing or demolition and removal, as the case
may be, of such building or property either by Town employees or by contract.
Except in emergency cases as provided for herein, any contract for repair,
securing or demolition and removal, as the case may be, shall be awarded in
accordance with the provisions of the General Municipal Law of the State of
New York.
All expenses incurred by the Town in connection with the proceedings
to repair and secure or demolish and remove the unsafe building or property,
including the cost of actually removing such building or correcting such condition
or nuisance or repairing the same, shall be assessed against the land on which
such building or condition or nuisance is located and shall be levied and
collected in the same manner as provided for in the Town Law for the levy
and collection of a special ad valorem levy.
Where it reasonably appears that there is present a clear and imminent
danger to the life, safety or health of any person or property, unless an
unsafe building or condition or nuisance is immediately repaired and secured
or demolished, the Town Board may by resolution authorize the Building Inspector
to immediately cause the repair, securing or demolition of such unsafe building
or correction of such condition (nuisance). The expenses of such repair, securing
or demolition or correction of such condition (nuisance) shall be a charge
against the land on which it is located and shall be assessed, levied and
collected as provided for under the Town Law for levy and collection of a
special ad valorem levy.
No officer, agent or employee of the Town shall render himself personally
liable for any damage that may accrue to persons or property as a result of
any act required or permitted in the discharge of his duties under this chapter.
Any suit brought against any officer, agent or employee of the Town as a result
of any act required or permitted in the discharge of his duties under this
chapter shall be defended by the Town Attorney until the final determination
of the proceedings therein.
