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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. O:\WAPPINGE\Town Board\RESOLUTIONbemolition.doc 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 O:\WAPPINGE\Town Board\ I -General TB\012802-fire.doc 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 O:\WAPPINGE\Town Board\1-GeneraIMOI2802-fire.doc