2002-072RESOLUTION NO. % 2002
RESOLUTION TO AUTHORIZE THE DEMOLITION OF
A BUILDING AT 36 MIDDLEBUSH ROAD
The following Resolution was introduced by
Mr. Colsey
Mr. Valdati and seconded by
WHEREAS, a residential structure owned by Robert J. Von Bergen and Diana Von
Bergen at 36 Middlebush Road, Wappingers Falls, New York was substantially damaged by a
fire on January 28, 2002; and
WHEREAS, the extent of fire damage to the building was such that the building was in
danger of collapse and that there was present a clear and imminent danger to the life, safety and
health of persons and properties in the immediate vicinity; and
WHEREAS, the Building Inspector and the Fire Inspector of the Town of Wappinger
have declared the building unsafe and in danger of collapse, and both have directed that the
building be demolished for the health, safety and protection of persons and property in the
immediate vicinity; and
WHEREAS, the Town of Wappinger Code Section 93-11 authorizes the Town Board by
Resolution to authorize the Building Inspector to immediately cause the demolition of any unsafe
building; and
WHEREAS, pursuant to Section 93-11, the expenses of such repair or demolition
shall be a charge against the land upon which it is located and shall be assessed, levied and
collected as provided in Article 15 of the Town Law for the assessment, levy and collection of a
special ad valorem levy; and
0AWAPPINGE7own Board\RESOLUTION\Oemolition.doc
WHEREAS, the Supervisor of the Town, as Chief Executive Officer, determined that
this is an emergency situation; and
WHEREAS, the property owner, Robert J. Von Bergen, verbally consented to the
demolition of the structure; and
WHEREAS, it is estimated that the cost of demolishing the building and the removal of
the debris will be approximately Thirteen Thousand Dollars ($13,000.00); and
WHEREAS, the Town Board Members had been polled by telephone and authorized the
Supervisor to direct the Building Inspector to order the demolition of the building.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the authority set forth in
Section 93-11 of the Town Code of the Town of Wappinger, the Town Board hereby ratifies and
reconfirms that the fire at the Von Bergen residence constituted an emergency and further ratifies
and reconfirms as an act of the Town Board the authority given by the Supervisor to the Town
Building Inspector to order the immediate demolition of the remains of the building destroyed by
fire at 36 Middlebush Road, Wappingers Falls, New York owned by Robert J. Von Bergen and
Diana Von Bergen and identified on the Tax Assessment Rolls as Tax Grid No. 6157-01-438825
at an estimated cost of approximately $13,000 including the demolition and the removal of the
debris.
BE IT FURTHER RESOLVED, that the expenses of such demolition shall be a charge
against the above referenced land and shall be assessed, levied and collected as provided in
Article 15 of the Town Law for the assessment, levying and collection of a special ad valorem
levy.
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The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT J. L. VALDATI, Councilman Voting Aye
VINCENT F. BETTINA, Councilman Voting Aye
JOSEPH P. PAOLONI, Councilman Voting Aye
CHRISTOPHER J. COLSEY, Councilman Voting Aye
Dated: Wappingers Falls, New York
January 2s ,2002
The Resolution is hereby duly declared adopted.
09WAPPINGE7own BoardIRESOLUTIOMDemolition.doc
Robert J. Von Bergen and Diane Von Bergen hereby consent to allow the Town
I
of Wappinger to demolish the remaiks of our building located at 36 Middlebush Road in
i
the Town of Wappinger, County of Putchess, State of New York which was damaged by
f
fire on or about January 28, 2002.
Dated:
Robert J. Von Bergen
Diane Von Bergen
93-7
BUELDINGS, UNSAFE
By securely affixing a copy of such notice upon the unsafe building.
§ 93-13
93.8. Filing of notice.
Copy of the notice served as provided herein shall be filed in the office of the County Clerk of
e County of Dutchess.
93-9. Failure to comply.
the event of the refusal or neglect of the person so notified to comply with said order of the
wn Board and after the hearing, the Town Board shall provide for the demolition and
noval of such building or structure either by town employees or by contract. Except in
ergency as provided in § 93-11 hereof, any contract for demolition and removal of a
'ding in excess of $5,000 shall be awarded through competitive bidding.
93-10. Assessment of expenses.
All expenses incurred by the town in connection with the proceedings to repair and secure or
demolish and remove the unsafe building, including the cost of actually removing such
building, shall be assessed against the land on which such building is located and shall be
levied and collected in the same manner as provided in Article 15 of the Town Law for the levy
nd collection of a special ad valorem levy.
j 93-11. Emergency cases.
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 suc
repair or demolition shall be a charge against the land on which it is located and shall be
assessed, levied and collected as provided in § 93-10 hereof.
193-12. Compensation of surveyor.
The surveyor appointed as provided herein shall be paid reasonable compensation as shall be
fixed by the Town Board.
§ 93-13. Penalties for offenses.'
Any person, firm or corporation who shall violate any of the provisions of this chapter or any
rule or regulation made pursuant thereto shall be guilty of a violation and shall be punishable
by a fine of not more than 5250 or imprisonment for not more than 15 days, or both.
' Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. n•
9303
§ 130
TOWN L)
• Sidewalks. Regulating the manner of construction, reconstnction &
repair of sidewalks, the materials to be used, the grades and the widt
thereof and prohibiting any construction, reconstruction or repair which do
not comply with such regulations; requiring the owner and occupant
premises abutting on any street where a sidewalk has been laid, to keep tl
sidewalk in front of such premises, free and clear from snow, ice, dirt d
other obstructions and upon default thereof provide for the removal thereof
the expense of the owners of such premises and that such charge shall becom
alien upon the premises benefited thereby, until paid.
5. Fire prevention. Regulating the erection of buildings where extrahal
ardous business is to be carried on and the carrying on of such businead
Regulating the attendance in public buildings and the use of aisles as standing
room for spectators and the erection of fire escapes on all public buildin
Regulating the construction and use of all heating systems and devic
1
.P'Oy I and heat or fire or conducting smoke for any purpose: Establishing
)units prohibiting the erection of frame buildings or structures there'
Preventing and extinguishing fires and regulating conduct thereat: Regulat'
the use, sale, storage and transportation of fire arms, fire works, explosiv,
and inflammables or prohibiting the use, sale, storage and transportation
any of them: Requiring the deposit of ashes and waste in safe receptacles an
places: Prohibiting bonfires in the streets and public places and regulating t
manner in which they may be permitted in other places: Requiring th
cutting, trimming and removal of brush, grass and weeds and the removal
rubbish and the elimination of fire hazards: Protecting and preserving th
Property and apparatus of any fire company or department: Regulating th
parking of automobiles or other conveyances in the locality of fire houses an
hydrants: Providing for punishment for insubordination or disorderly condu
at fires or the -vilful neglect or refusal to obey or the attempt to prevent o'
obstruct the lawful orders of a person in charge of the operations of a f
department or fire company: department
•t P Y: Preventing damage b fire and
exposed to destruction by fire: Providing for the volunta protectin
tion either in part or in whole of buildings and property to arrest fire o
ry destru '
extinguish the same, and for all other things necessary or helpful for tli
prevention of fire or the extinguishing thereof and for such other furore
Purposes as shall tend to provide for the general safety of p
property within the town. ersons an
6. Public dump and dumping ground. Prohibiting• and/or regulating tfi�
use of any lands within the town as a dump or dumping ground.
7. Use of streets, highways, sidewalks and public laces.
the use of streets, highways, sidewalks and p (a) Regulatin
animals, motor and other vehicles, including local and interurban street cars;
restrictin = aces Y pedestrians,
assemblagesrtherein;ng Of all regulating lois prohibitincsting therein; and s
regulating parades and publi
to the approval of the department of transportation, requiring railroad compa
Hies to employ and maintain competent fla subject
or highway crossing;it of and erect gates at any stree
in an Prohibiting the deposit of any dirt, filth, waste or rubbish
y street, highway, sidewalk, that part of any waterway within its
jurisdiction or public place or incumbering thereof by any encroachment of
buildings, structures, excavation or otherwise; regulating the manner in which'
excavation may be made in or under the streets, highways, sidewalks' or
places and requiring an indemnity bond as a condition precedent thereto or'
the town board may re Public'
cash of such an amount Y quire as the condition precedent thereto, the deposit in'
as the board may determine necessary to cover the
probable expense to the town of the replacement by the town of thr, •_i,•,,,,}
hih�t'ay, �irkm-alk m• nnl,l::. ,,1.,
t..4
§ 130
'tipg the use by owners and occupants of property abutting on
,pr,grounds of barbed wire or ..imilar fences along the boundaries
t,19r, grounds.
g _dont -or other exterior wall of any building erected on or before
y,pf January, nineteen hundred fo.ty, in any town encroaches not
°- inches upon any street or highway, no action or proceeding to
` pinoval of such wall shall be instituted or maintainer) 1) or on
tt@-igwn, or by or on behalf of any person claiming an easement in or
eQpgrtion of the street or highway on which such wall encroaches,
Action
6 this act takes effect,' and unless within such period a notice of
such action or proceeding, describing the property on which
dttr •hands and indexed against the owner thereof, be filed in the
tl!i6 clerk of the county in which the property lies.
g front or other exterior wall of any building erected after the first
Mary, nineteen hundred forty, in any town encroaches not more than
upon any street or highway, no action or proceeding to compel the
4 . pch'Wall shall be instituted or maintained by or on behalf of the
or on behalf of any person claiming an easement in or title to the
e; street or highway on which such wall encroaches, unless such
V Qceeding be commenced within the period of one year from the
e serving of a notice as hereinafter provided, and unless within such
ppfotigr I of the pendency of such action or proceeding, describing the
b'� `ivvhich saki building stands and indexed against the owner thereof,
tite'office of the clerk of the county in which the property lies. Any
any interest in the property on which such building stands may
�otice'on the town clerk, town supervisor or on such town officer as
board shall authorize and direct to defend or appear in any action or
tiding against said town, of the town in which said property lies,
ib a brief description of the property, his interest therein, and the
lof'ni encroachment on the street or highway. Such notice, together
f or admission of service thereof, shall be filed in the office of the
th6'eounty in which such property lies. The clerk shall index and
6uch notice as if it were a notice of the pendency of an action and shall
e<usual fees for recording and indexing a notice of the pendency of an
ho"action be' brought within the period hereby limited therefor the
iPand' encumbrancers of such property shall be deemed to have aur
§pt,16t the maintenance of the encroaching wall so long as the said wall
f''tld,'and no longer.
t"hd front or other exterior wall of any building erected on or before
W1;� day of January, nineteen hundred sixty-five in any town encroaches
than six inches upon any town street or town highway, the local
Live body of any town may authorize the maintenance of such encr,-`
by,rordinance' during the period of time the encroaching
iee;l;provided, however, that such authorization shall r
x claim to be asserted against such town or the state e :ur
Location and construction of driveways. omit
ran which driveway entrances and exits
X11 nts of property abutting on tow co 6 �� r s �
eh, regulations shall not deny access fro N
ys, •when such abutting property is a
statutes and ordinance". o'
VERGILIS, STENGER, ROBERTS & PERGAMENT
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
(845) 298-2000
GERALD A. VERGH.IS• FAX (845) 298-2842
KENNETH M.STENGER
ALBERT P. ROBERTS e-mail: VSRP®BestWeb.net
IRA A. PERGAMENT
JOAN F. GARRETT"
THOMAS R. DAVIS
PHIIJP GIAMPORTONE
KAREN P. MACNISH
•ADMCTPED TO PRACTICE
IN NY & FLA.
•*ADMr11FD TO PRACTICE
IN NY & CONN.
PRIVILEGED AND CONFIDENTIAL
January 28, 2002
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attention: Hon. Joseph Ruggiero, Supervisor
Re: 36 Middlebush Road
Owners: Robert J. Von Bergen and Diana Von Bergen
Dear Joe and Board Members:
LEGAL ASSISTANTS:
AMY E. DECARLO
KRISTEN S. GUTHRIE
POUGHM EPSIE OFFICE
276 MAIN MALL
POUGHKEEPSIE, NY 12601
(845) 452-1046
ADDRESS REPLY TO: ( ) POUGHIEPSIE
( ) WAPPINGERS
I respectfully refer you to Chapter 93 "Unsafe Buildings of the Town" of the Town Code,
in particular, I attach hereto a photocopy of Section 93-10 and 93-11. Section 93-11
provides for the immediate demolition of buildings in emergency cases. Whenever there
is present a clear and imminent danger to the life, safety or health of any person or
property, the Town Board by Resolution, may authorize the Building Inspector to cause
the immediate demolition of such unsafe building. The costs of such expenses shall be a
charge against the land upon which the building was located and such costs shall be
assessed, levied and collected as provided in Article 15 of the Town Law for the levy and
collection for a special ad valorem levy.
I also refer you to Section 130 of the Town Law "Town Ordinances". This Section of
Town Law specifically identifies those areas for which a Town may adopt an Ordinance
or Local Law. Subdivision 5 specifically provides "... for the voluntary destruction
either in part or in whole of buildings and property to arrest fire or extinguish the same,
and for all other things necessary or helpful for the prevention of fire or the extinguishing
thereof and for such other further purposes as shall tend to provide for the general safety
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of persons and property within the Town." I point out that sentence because Town Law
does suggest the property owner has to consent to the destruction of the building, while
Town Code Section 93-11 does not require the property owner to consent. However, in
my conversation with Mr. Von Bergen, he clearly consented to the demolition of the
building.
I have prepared a written authorization by the Von Bergens to consent to the demolition
to confirm the oral authorization.
Very trul yours,
VER I , STENGER, ROBERTS, PERGAMENT & VIGLOTTI
T P. ROBERTS
AP
Enclosure
cc: Hon. Gloria J. Morse, Town Clerk (Via facsimile 297-0145 and Regular Mail)
Town Board File
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