Loading...
HomeMy WebLinkAbout1984_10_17_Local_Law_No_6 r. Mesas Use this Form for Filing your Local Low with the Secretary of State) Text of Tow should be given as amended. Do not include matter being etiminated and do not use italics or undtrUning to indicate new matter. Ct* of. Mamaroneck...................................................... ........................».... Town ........................ Local Low No. of the year 19 iii entitled Unsafe Buildings Alocal law..............».......... ......... Be it enacted lyf the ...... .................................or the Mamaroneck ................................. 83 follows: Townof ............ .................................... "A Local Law to regulate the removal or repair of dangerous or unsafe buildings." Section 1. Purpose: The purpose of this local law is to provide for the removal or repair of buildings in business, industrial and residential sections of the Town of Mamaroneck that from any cause, may now be or shall hereafter become dangerous or unsafe to the public. Section 2. Inspections and Notices: a) The Building Inspector or one of his designated representatives shall inspect and record �fty dangerous or unsafe condition in any building or structure within the limits of the Unincorporated Area of the Town of Mamaroneck. b) Should the 'Building Inspector or his designated representative determine that any building or structure is unsafe or dangerous or that any dangerous or unsafe condition shall exist within any buLlcling or structure, he shall subralt notice by serving on the owner or one of the owner's executors, legal respresentatives, agents, lessees or any other person having a vested or contingent interest in the property, either personally or by registered mail, addressed to the last known address, if any, of the owner or one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same, as shown by the records of the Receiver of Taxes and/or in the Office of the County Clerk, containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring same to be made safe and secure or removed. if such service is made by registered mail, a copy of such notice shall be posted on the premises. c) Such notice shall further provide that the person so served shall commence the securing or removal of the buildings or structures within tart (10) days of receipt of said notice. d) In any instance where the Building Inspector shall determine that an emergency condition exists which is dangerous to the life or safety of any individual, continued...... Mlf additional seace is needed, please attach shp-cts of the same size ss this and number each)—M Page 1 i he may require that the person so served shall commence securing or removal of the buildings or structures within-'a period less than ten (10) days from the receipt of said notice. However, in such instance, the notice shall state that there is such an emergency condition and shall specify both the condition and the time in which it must be corrected. Section 3. .Emergency: Should the Building Inspector determine that such an unsafe or dangerous condition exists within a building or structure, that said building or structure constitutes an imminent threat to life, then the Building Inspector may cause to be posted at each entrance of such building a notice that said building is unsafe and its use or occupancy has been prohibited by the Building Department of the Town of. Mamaroneck and he shall further be permitted to require upon service of such written notice upon the occupants of said building to require their removal from said building until said building had been secured or removed. Section 4. Filing, of Notices: A copy of any such notice served pursuant to Section 2 shall be filed in the office of the County Clerk of the County of Westchester which notice shall be filed in the same manner as a notice of pendency pursuant to Article 65 of the I Civil Practice Law and Rules, and shall, have the same effect as a notice of pendency, as therein provided, except as otherwise hereinafter provided in this section. A notice so filed shall he effective for a period of one (1) year from the date of .filing, provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the Counsel to the Tosco. The Clerk of the County where such notice is filed shall mark such notice in any record or docket thereof as cancelled of record upon the presentation and filing of such consent or or a certified copy of such order. { Section 5. Hearings: a) Upon non-compliance with the order to remove or make safe•and secure as provided in Section 2 herein, a hearing shall be held before the Town Board. Notice of the time and place thereof shall be specified in the notice to repair or demolish served upon the owner or such persons having an interest in the property or structure as herein prescribed. b) Tn the event that such owner fails or refuses to repair or remove the same within the time provided, the Town Board shall be authorized to remove such building or structure after a hearing as provided for in Subsection a of this Section. Section 6. Costs: The cost and expense incurred by the Town in connection with the proceedings set forth in this Local Law for the correction of any unsafe or dangerous condition or the removal by the Town of any said building or structure upon the failure of the owner or other person notified to secure or remove the building or structure shall be assessed against the land on which said building or structure is located by the Assessor for the Town of Mamaroneck. Section 7. Severability: Should any portion of this Local Law be declared unconstitutional by a court of competent jurisdiction, then such declaration shall not cause any other section of this Local Law to become invalid. { Section 8. Effective Date: Y This Local Law shall become effective immediately. -1--