§ 59-12. Unfit buildings and structures.

A. 

All buildings or structures which, for any cause, may now or shall hereafter become dangerous or unsafe to the public, including but not limited to structures which are structurally unsafe, unsanitary or not provided with adequate egress or which constitute a fire hazard to the public by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, are severally, for the purpose of this section, unsafe buildings. All such unsafe buildings, as well as collapsed structures, are hereby declared to be public nuisances and shall be abated by repair and rehabilitation or by demolition in accordance with the procedures set forth in this section.

B. 

The Building Inspector shall inspect or cause to be inspected every building reported as unsafe, damaged or collapsed and shall make a written report of such inspection to the Town Board.

C. 

Service of notice; contents.

(1) 

Whenever the Building Inspector shall find any building or structure or portion thereof to be an unsafe building or collapsed structure as defined in this section, he shall serve, or cause to be served, written notice on 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 the subject property. Such notice shall be served personally or by registered mail, addressed to the last known address, if any, of the owner or some 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. In the event that the aforesaid notice is served by registered mail, a copy of such shall be posted on the subject premises within 10 days from the date of such service.

(2) 

The notice shall contain:

(a) 

A description of the subject premises.

(b) 

A statement of the particulars in which the building is unsafe or dangerous.

(c) 

An order requiring the building or structure to be made safe and secure or demolished and removed.

(d) 

A statement that the securing or removal of such building or structure 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 or structure, which hearing shall be scheduled not less 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 the building or structure, the Town Board is authorized to provide for its demolition and removal and to assess all expenses thereof against the land on which it is located.

D. 

A copy of such notice shall be filed in the office of the Putnam County Clerk in the same manner and with the same effect as a notice of pendency, except that a notice so filed shall be effective for a period of one year from the date of filing and may be vacated upon order of a judge or justice of a court of record or upon consent by the Town Attorney.

E. 

Any person served with a notice as aforesaid shall commence the securing or removal of the buildings or structures within the time set forth in said notice.

F. 

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 is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided herein.

G. 

In the event of failure or refusal of the person so served to repair or remove such building or structure within the time provided, the Town Board shall cause such building or structure to be removed. Any contract for demolition and removal must comply with state law pertaining to bidding.

H. 

All costs and expenses incurred by the Town in connection with the proceedings to repair and secure or demolish and remove said building or structure, including the cost of actually removing said building or structure, shall be paid out of the general Town fund and shall be taxed and assessed against the land on which said building or structure is located by adding the same to the tax roll as an assessment or by levying a special tax against such land or by recovering the same in a suit at law against the owner.

Amended 4-15-1981