LL #08-1982TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK
LOCAL LAW # 8, OF THE YEAR 1982
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A LOCAL LAW PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE
BUILDINGS AND COLLAPSED STRUCTURES.
BE IT ENACTED BY THE TC7WN BOARD OF THE TOWN OF WAPPINGER.
Section 1. Purpose, Unsafe buildings pose a threat to life and property
in the Town of Wappinger. 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 therin, as well as point of congregation
by vagrants and transients. A dilapidated building may also serve as a place of
rodent infestation therby creating a health menace to the community. It is the
purpose of this local law to provide for the safety, health protection and general
welfare of persons and property in the Town Of Wappinger by requiring that such
unsafe buildings be repaired or demolished and removed.
ISection 2. This local law shall be known as "Unsafe Buildings Law" of
the Town of Wappinger.
Section 3. Definitions. (1) "Building" means any building, structure or
portion therof used for residential, business or industrial purpose.(2) "Building
Inspector" means the building inspector of the Town of Wappinger or such other person
appointed by the town board to enforce the provisions of this local law.
Section 4. Investigation and report. When in his own opinion or upon
receipt of information that a building (1) is or may become dangerous or
unsafe to the general public, (2) is open at the doorways and windows making it
accessible to and an object of attraction to minors under eighteen years of age
as well as to vagrants and other trespassers, (3) is or may become a place
of rodent infectation, (4) presents any other damger to the health,safety, morals
and genersl welfare of the public or (5) is unfit for the purposes for which it may
lawfully be used, he shall cause or make an inspection therof and report in writing to
the town board his findings and recommendations in regard to its repair or
demolition and removal.
Section 5. The Town Board order. 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, or its demolition and removal, and further order that a notice be
served upon the persons and in the manner provided herein.
Section 6. Notice, contents. The notice shall contain the following:(1) a
description of the premises, (2) a statement of the particulars in which the
building is unsafe or dangerous,(3) an order outlining the manner in which the
buislding is to be made safe and secure, or demolished and removed, (4) a statemant
that the securing or removal of such building 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,(5) a date, time and
place for a hering before the town board in relation to such dangerous or unsafe building,
which hearing shall be scheduled not less than five business days from the date of
service of the notice and (6) a statement that in the event of neglect or refusal
to comply with the order to secure or demolish and remove the building, the town
board is authorized to provide for its demolition and removal, to assess all
expenses therof against the land on which it is located and to institute a
special proceeding to collect the costs of demolition, including legal
expenses.
Section 7. Service of Notice. The said notice shall be served(1) by personal
service of a copy therof upon the owner, executor, administrator, agent, lessee,
or any person having a vested or contingent interest in such unsafe building as
shown by the records of the receiver of taxes (or tax collector) or of the county
clerk; or if no such person can be reasonably found by mailing such owner by
registered mail, a copy of such notice directed to his last known address as
shown by the above records if said person resides within the town, otherwise
by mailing by both regular and registered mail if such person resides outside
the town, and (2) by personal service of a copy of such notice upon any adult
person residing in or occupying said premises if such person can be reasonably
Section B. A copy of the notice served as provided herin shall be filed in
the office of the County Clerk of the County of dutchess.
Section 9. Refusal to comply. In the event of the refusal or neglect of the person
so notified to comply with said order of the town board and after the hearing, the
town board shall provide for the demolition and removal of such building or structure
either by town employees or by contract. Except in emergency as provided in Section
11 hereof, any contract for demolition and removal of a building in excess of
$5,000 shall be awarded through competitive bidding.
Section 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 Fifteen of the Town Law
for the levy and collection of a special advalorem levy.
Section 11. Emergency Cases. Where it reasonably appears that there is
Lpresent 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 in Section 10 hereof.
Section 12. The surveyor appointed as provided herein shall be paid
reasonable compensation as shall be fixed by the town board.
Section 13. This local law shall take effect immediately upon filing
i
theof in the office of the Secretary of State.