HomeMy WebLinkAboutLL-1991 #05 LOCAL LAW NO. 5 1991
Local Law in Relation to Unsafe Buildings and Premises
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Chapter 90 IUnsafe Buildings) of the Code of the Town of Southold is
hereby amended as follows:
1. Section 90-1 ITitle) is hereby amended as follows:
This chapter shall be known as the "Unsafe Buildings.
Premises and Collapsed Structures Law of the Town of Southold."
Section 90-3. (Unsafe buildings and premises prohibited) is
hereby amended as follows:
Ao
Unsafe Buildings. All buildings or structures which are
structurally unsafe, dangerous, unsanitary or not provided
with adequate egress or which in relation to existing use
constitute a hazard to safety or health by reason of
inadequate maintenance, dilapidation, obsolescence or
abandonment are, severally, for the purpose of this
chapter, unsafe buildings. All such buildings and
structures are hereby declared to be illegal and are
prohibited and shall be abated by repair and rehabilitation
or by demolition and removal in accordance with the
procedures of this chapter.
Unsafe Premises. All premises which are unsafe,
dangerous, suffer from inadequate maintenance or neglect
or which do not permit or provide for adequate access by
emergency and/or fire rescue vehicles are, for the
purpose of this chapter, unsafe premises. All such
premises are hereby declared to be illegal, are
prohibited and shall be abated by repair and rehabilitation
in accordance with the procedures of this chapter.
Section 90-4 (Inspection and report) is hereby amended as
follows:
Unsafe Building. When, in the opinion of the Building
Inspector, any structure located in the town shall be
deemed to be unsafe or dangerous to the public, he shall
make a formal inspection thereof and thereafter prepare a
written report thereof and file the same in his office.
Bo
Unsafe Premises. When, either on the Building Inspector's
own volition or after receiving a written recommendation
from the Commissioners of any Fire Department or Fire
District or from the Village of Greenport Fire Wardens or
Village Trustees located in the town that any premises is
unsafe in that it does not permit or provide for adequate
access by emergency and/or fire rescue vehicles as
required by Section 100-235 (Cl in which the Building
Inspector concurs, the Building Inspector shall make a
formal inspection thereof and thereafter prepare a written
report thereof and file the same in his office.
Section 90-5 (Service of notice) is hereby amended as follows:
When it shall be determined by the Building Inspector that
a building, premises or structure is dangerous or unsafe to
the public, he shall promptly serve or cause to be served a
notice on the owner or other persons having an interest in
such premises, building or structure as hereinafter
provided.
The aforementioned notice shall be served on the owner of
the building, structure or premises or some 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 last completed assessment roll of the
Town. either personally or by registered mail, addressed to
the person intended to be served at the last known place of
business. If the notice is served by registered mail, the
Building Inspector shall cause a copy of such notice to be
posted on the premises.
5. Section 90-6 (Contents of notice) is hereby amended as follows:
The notice referred to in Section 90-5 hereof shall contain the
following:
A. A description of the premises.
A statement of the particulars in which the premises,
building or structure is unsafe or dangerous.
C. An order requiring the premises, building or structure to
be made safe and secure or removed.
Eo
Fo
A statement that the securing or removal of the building or
structure or the rehabilitation of the premises shall
commence within ten (10) days from the date of the service
of the notice and shall be completed within thirty (30)
days thereafter. The Building Inspector may extend the
time of compliance specified in the notice, where there is
evidence of intent to comply within the time specified and
conditions exist which prevent immediate compliance. In
granting any such extension of time, the Building Inspector
may impose such conditions as he may deem appropriate.
A statement that. in the event of the neglect or refusal of
the person served with notice to comply with same. a
hearing will be held before the Southold Town Board.
notice of which and the time and place thereof to be
specified in the notice to the owner referred to in section
90-5 hereof,
A statement that. in the event that the Town Board, after
the hearing specified in section 90-6E hereof, shall
determine that the premises, building or structure is
unsafe or dangerous to the public, the Town Board may
order the building or structure to be repaired,
made safe and/or secured or taken down and removed. In
the case of an unsafe premises, the Town Board may order
the premises rehabilitated and made safe.
A statement that. in the event that the premises, building
or structure shall be determined by the Town to be unsafe
or dangerous and in the event of the neglect or refusal of
the owner to make safe, repair or remove the same within
the time provided, the Town may remove such building or
structure or make safe the premises by whatever means it
deems appropriate and assess all costs and expenses
incurred by the Town in connection with the proceedings to
remove or secure, including the cost of actually removing
said building or structure, against the land on which said
buildings or structures are located,
Section 90-7 (Filing of copy of notice) is hereby amended as
follows:
A copy of the notice referred to in Section 90-6 hereof may
be filed with the County Clerk of the County within which such
premises, building or structure is located, which notice shall
be filed by such clerk in the same manner as a notice of
pendency pursuant to Article 65 of the 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 be effective for a
period of one (1) year from tine 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 Town
Attorney. The Clerk of the County where such notice is filed
shall mark such notice and any record or docket thereof as
cancelled of record, upon the presentation and filing of such
consent or of a certified copy of such order.
7. Section 90-8 (Emergency measures to vacate)
If the Building Inspector determines in his inspection of any
premises, building or structure that there is actual and
immediate danger of failure or collapse so as to endanger life,
he shall promptly require the premises, building, structure or
portion thereof to be vacated forthwith and not to be reoccupied
until the specified repairs are completed, inspected and
approved by the Building Inspector. For this purpose, he may
enter such premises, building or structure or land on which it
stands or adjoining land or structures with such assistance and
at such cost as may be necessary. He may also order adjacent
structures to be vacated and protect the public by appropriate
barricades or such other means as may be necessary and for
this purpose may close a private or public right-of-way. The
Building Inspector shall cause to be posted at each entrance to
such premises, building or structure a notice stating, "This
building (or "premises", if applicable) is unsafe and its use or
occupancy has been prohibited by the Building Inspector."
Such notice shall remain posted until the required
rehabilitation, repairs are made or demolition is completed. It
shall be unlawful for any person, firm or corporation or their
agents or other persons to remove such notice without written
permission of the Building Inspector or for any person to enter
the building except for the purpose of making the required
repairs or the demolition thereof.
8. Section 90-9 (Costs and expenses)
All costs and expenses incurred by the Town of Southold in
connection with any proceeding or any work done to remove the
danger or in connection with the demolition and removal of any
such building or structure shall be assessed against the land on
which such building or structure is located, and a statement of
such expenses shall be presented to the owner of the property,
or if the owner cannot be ascertained or located, then such
statement shall be posted in a conspicuous place on the
premises. Such assessment shall be and constitute a lien upon
such land. If the owner shall fail to pay such expenses within
ten (10) days after the statement is presented or posted, a
legal action may be brought to collect such assessment or to
foreclose such lien. As an alternative to the maintenance of
any such action, the Building Inspector may file a certificate
of the actual expenses incurred as aforesaid, together with a
statement identifying the property in connection with which the
expenses were incurred and the owner thereof, with the
assessors who shall, in the preparation of the next assessment
roll, assess such amount upon such property. Such amount
shall be included in the levy against such property, shall
constitute a lien and shall be collected and enforced in the
same manner, by the same proceedings, at the same time and
under the same penalties as is provided by law for the
collection and enforcement of real property taxes in the Town of
Southold.
II. This Local Law shall take effect upon its filing with the Secretary
of State.
NYS DEPARTMENT OIF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
Albany, NY 12231-0001
DATE: 4/4/91
APR 8 1991
Local Law Acknowledgment
Town of Southold
Town Hall
53095 Main Road
P.O. Box 1179
Soutk)ld, NY 11971
Attention: Judith T. Terry
DOS-236 (Rev. 6/90)
_l
Town of Southol~
ILOCAL LA~(S) NO. YEAR
thru 9 I 1991
FILING DATE
4/2/91
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
L'ocal Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 1Z231
(Use this form to file a local law with the Secretary of State.)
Text of la'*' should be given as amended. Do not include matter being eliminated and do not
'-~se italics or underlining to indicate new matter.
X:~.X of ................................... S.o.u.t.h~l.d .................................................................
Town
x,x x
Local Law No .................... .5. ............................... of tile year 19 ..9._1_.
local la.. .............. !..n.....R...e. !._a..t.j..o..o.....t..q....U....n_s...a..f..e.....B...u..j.I..d..j..n. [1.s.....a...n...d...:'..P.r.~ ~.[ ~9.~ .............................................
{In~ert Title)
Be it enacted b)' the .................................................... ..T...o..w...n......B...o..a..r...d. ........................................................ of the
(Name of Legislative Body)
C~x
Town
I.
Southold
of .................................................................................................................................................. as follows:
Chapter 90 (Unsafe Buildings) of the 'Code of the Town of Southold is
hereby amended as follows:
1. Section 90-1 (Title) is hereby amended as follows:
This chapter shall be known as the "Unsafe Buildings.
Premises and Collapsed Structures Law of the Town of Southold."
Section 90-3. (Unsafe buildings and premises prohibited) is
hereby amended as follows:
Unsafe Buildings. All buildings or structures which are
structurally unsafe, dangerous, unsanitary or not provided
with adequate egress or which in relation to existing use
constitute a hazard to safety or health by reason of
inadequate maintenance, dilapidation, obsolescence or
abandonment are. severally, for the purpose of this
chapter, unsafe buildings. All such buildings and
structures are hereby, de. clared to be illegal and are
prohibited and shall'be abated by repair and rehabilitation
or 'by demolition and removal in accordance wi~h ihe
procedures of this chapter.
Bo
Unsafe Premises. All premises Which are unsafe.
dangerous, suffer from inadequate maintenancb or neglect
or which do not permit or provide for adequate access by
emergency and/or fire rescue vehicles are. for the
purpose of this chapter, unsafe premises. All. such
premises are hereby declared to be illegal, are
prohibited and shall be abated by repair and rehabilitation
in accordance with the procedures of this chapter.
(If addilional space is needed, allacb pages the same size as this sheet, and number each.)
(1)
o
Section 90-4 (Inspection and report) is hereby amended as
follows:
Unsafe Building. When, in the opinion of the Building
Inspector, any structure located in the town shall be
deemed to be unsafe or dangerous to the public, he shall
make a formal inspection thereof and thereafter prepare a
written report thereof and file the same in his office.
Unsafe Premises. When, either on the Building Inspector's
own volition or after receiving a .written recommendation
from the Commissioners of any Fire Department or Fire
District or from the Village of Greenport Fire Wardens or
Village Trustees located in the town that any premises is
unsafe in that it does not permit or provide for adequate
access by emergency and/or fire rescue vehicles as
required by Section 100-235 lC) in which the Building
Inspector concurs, the Building Inspector shall make a
formal inspection thereof and thereafter prepare a written
report thereof and file the same in his office.
Section 90-5 [Service of notice) is hereby amended as follows:
When it shall be determined by the Building Inspector that
a building, premises or structure is dangerous or unsafe to
the public, he shall promptly serve or cause to be served a
notice on the owner or other persons having an interest in
such premises, building or structure as hereinafter
provided.
The aforementioned notice shall be served on the owner of
the building, structure or premises or some 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 last completed assessment roll of the
Town, either personally or by registered mail, addressed to
the person intended to be served at the last known place of
business. If the notice is served by registered mail, the
Building Inspector shall cause a copy of such notice to be
posted on the premises.
5. Section 90-6 IContents of notice) is hereby amended as follows:
The notice referred to in Section 90-5 hereof shall contain the
following:
A. A description of the premises.
B. A statement of the particulars in which the premises,
building or structure is unsafe or dangerous.
C. An order requiring the premises, building or structure to
o
be made safe and secure or remove~:
Do
A statement that the securing or
structure or the rehabilitation of
commence within ten t10~ days
of ~e ~o~ice and shall be comple~
days thereafter. The Building
time of compliance specified in
evidence of intent to comply with~
conditions exist which prevent
granting any such e~tens~n of
may impose such conditions as
A statement that. in the event
the person served with notice
hearing will be held before the
notice of which and the time and
specified in the notice to the own~
90-5 hereof.
A statement that. in the ever~
the hearing specified in sectimm
determine that the premises.
unsafe or dangerous to the
order the building or struct~rm~
made safe and/or secured or
the case of an unsafe premis~
the premises rehabilitated an~
A statement that. in the evem~
or structure shall be deter~ma~
or dangerous and in the evem~
the owner to make safe, relier
the time provided, the Towm
structure or make safe the
deems appropriate and asse~
incurred by the T~n ~ c<~~,~
remove or secure, including
said building or structure. ~
buildings or structures are
Section 90-7 (Filing of copy of n~m~)] i~ ~q~ ~n~ ~
follows:
A copy of the notice referred to
be filed with the County Clerk
premises, building or structure
be filed by such clerk in the
pendency pursuant to Article 65
Rules and shall have the same ef~
therein provided, except as
this section. A notice so filed
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 Town
Attorney. The Clerk of the County where such. notice is filed
shall mark such notice and any record or docket thereof as
cancelled of re~ord,~ upon the presentation and filing of such
consent or of a certified copy of such order.
7. Section 90-8 I Emergency measures to vacate)
If the Building Inspector determines in his inspection of any
premises, building or structure that there is actual and
immediate danger of failure or collapse so as to endanger life,
he shall promptly require the premises, building, structure or
portion thereof to be vacated forthwith and not to be reoccupied
until the specified repairs are completed, inspected and
approved by the Building Inspector. For this purpose, he may
enter such premises, building or structure or land on which it
stands or adjoining land or structures with such assistance and
at such cost as may be necessary. He may also order adjacent
structures to be vacated and protect the public by appropriate
barricades or such other means as may be necessary and for
this purpose may close a private or public right-of-way. The
Building Inspector shalt cause to be posted at each entrance to
such premises, building or structure a notice stating, "This
building (or "premises", if applicable) is unsafe and its use or
occupancy has been prohibited by the Building Inspector."
Such notice shall remain posted until the required
rehabilitation, repairs are made or demolition is completed. It
shall be unlawful for any person, firm or corporation or their
agents or other persons to remove such notice without written
permission of the Building Inspector or for any person to enter
the bUilding except for the purpose of making the required
repairs or the demolition thereof.
8. Section 90-9 (Costs and expenses)
All costs and expenses incurred by the Town of Southold in
connection with any proceeding or any work done to remove the
danger or in connection with the demolition and removal of any
such building or structure shall be assessed against the land on
which such building or structure is located, and a statement of
such expenses shall be presented to the owner of the property,
or if the owner cannot be ascertained or located, then such
statement shall be posted in a conspicuous place on the
premises. Such assessment shall be and constitute a lien upon
such land. If the owner shall fail to pay such expenses within
ten (10) days after the statement is presented or posted, a
legal action may be brought to collect such assessment or to
foreclose such lien. As an alternative to the maintenance of
any such action, the Building Inspector may file a certificate
of the actual expenses incurred as aforesaid, together with a
II.
statement identifying the property in connection with which the
expenses were incurred and the owner thereof, with the
assessors who shall° in the preparation of the next assessment
roll, assess such amount upon such property. Such amount
shall be included in the levy against such property, shall
constitute a lien and shall be collected and enforced in the
same manner, by the same proceedings, at the same time and
under the same penalties as is provided by law for the
collection and enforcement of real property taxes in the Town of
Sour.hold.
This Local Law shall take effect upon its fiiing with the Secretary
of State.
(Complete the certification in the paragraph that applies to the filing of this local law and-
strike ou! that which is not applicable.)
d adoption by local legislative body only.)
hereby certify that the local law annexed hereto, designated as local law No. 5 of 1991
f the!(gl~,axr~y)(C:~. )(Town)(¥lq~9 of Southold was duly passed by the
Town Board on March 26, 19 91, in accordance with the applicable provisions of law.
Name of Legislative Body)
(Passage b)' local legislative body with _approval, no disapproval or repassage after disapproval
b~~, the Elective Chief Executive Officer .)
hereby certify that the local law annexed hereto, designated as local law No. of 19
~f the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved )(not disapproved)(repassed after
Nam~ of Legislative Body)
isapproval) bx the and was deemed duly adopted on 19
(Elective Chief Executive Officer't
n accordance with the applicable provisions of law.
:. ([:inal adoption by referendum.)
herbex' certify that the local law annexed hereto, designated as local' law No. of 19
f th~l('Countvi(City}(Town)lVilla~e) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
N~irhe ',of Legislative BodyI
~sap~Sroval) by the on 19 Such local law was
(Elective Ghief Executive Officer')
uhm!~ted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
'ot~e: 0f a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19__, in accordance with the applicable provisions of law.
(S~bject to permissBe referendum and final adoption because no valid petition was filed requesting
referndum.) .
ber.eby certify that the local law annexed hereto, designated as local law No. of 19
f th'e (County)(City)(Town)(Village) of ' was duly passed by'Ibc
on 19 , and was (approved)(not disapproved)(repassed after
N am~ of Legislative Body)
isapproval) by the on 19 . Such local law was subject to
(Elective Chief Executive Officer')
,ermi~sive referendum and no valid petition requesting such referendum was filed as of'
19
n accordance~ with the applicable provisions of law.
Elec!ti~e Chief Executive Officer means or includes the chief executive officer of a county elected on a
coun~Lv-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
>r ~dlage, or the supervisor of a to,an where such officer ~s vested with the power to approve or veto local
la~s' or ordinances.
5. (City local law concerning Charter revision proposed by petition.)
hereby certify that the local law annexed hereto, designated as local law No. of 19
~f the City of having been submitted to referendum pursuant to
' -ovisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
c~. .majority of the qualified electors of such city voting thereon at the (special)(general) election held on 19 , became operative.
6. (County local law concerning adoption of Charter.)
! hereby certify that the local law annexed hereto, designated as local law No. of 19
of the County of , State of New York, having been submitted to
the electors at the General Election of November 19 , pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
of said county considered as a unit voting al said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropritate certification.)
! further certify that I have compared the preceding local lax,.' with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
(Seal)
Clerk o~he County legislative body, City, Town/~/ Village Clerk -- or officer designated by local legilsative body
Judith T. Terry, Town Clerk
Date: March 27, 1991
(Certiflca~tion to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorne.v of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify'that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment ;fT~w annexed hereto~//~....Q..~~~n~ul~[~ ~
Matthew G. Kiernan, Assistant Town Attorney
Title
Town
of
Southold
Date: March 27, 1991
PUBLIC HEARING
SOUTHOLD TOWN BOARD
March 26, 1991
8:00 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO UNSAFE
BUILDINGS AND PREMISES".
Present: Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: The public hearings, that we'll be entertaining, there are
six of them coming up. The procedure is very simple. We'll read the first public
hearing. There will be comments from the audience if any, and then we'll close
that public hearing. We'll move on, and on, and on, and on, until we finish all
six. I'd like to read to you the policy, which you do have in front of you, for
those of you who have agendas. Individuals are allowed a maximum of ten minutes.
This is to make sure, that everybody has a chance to be heard. The Town Board
will receive any written comments in length, in response to public hearings, and
they will be accepted by the Town Board at this public hearing made today, and
certainly in the future. A hearing file will, also, be formed from this. At this
time, let's move to the first public hearing of evening. It's a proposed "Local
Law in Relation to Unsafe Buildings and Premises". Who has verification and proof
of publication? Councilman Penny would you read that, please?
COUNCILMAN PENNY: "Public Notice is hereby given that there has been presented
to the Town Board of the Town of Southold, Suffolk County, New York, on the
12th day of March, 1991, a Local Law entitled, "A Local Law in Relation to Unsafe
Buildings and Premises" Notice is further given that the Town Board of the Town
of Southold will hold a public hearing on the aforesaid Local Law at the Southold
Town Hall, Main Road, Southold, New York, on the 26th day of March, 1991, at
8:00 P.M., at which time all interested persons will be heard. This proposed
"Local Law in Relation to Unsafe Buildings and Premises" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 90 (Unsafe Buildings) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 90-1 (Title) is hereby amended as follows:
This chapter shall be known as the "Unsafe Buildings,
Premises and Collapsed Structures Law of the Town of Southold."
Pg 2 - PH, LL in relation to Unsafe Buildings
2o
4o
Section 90-3. (Unsafe buildings and premises prohibited) is
here amended as follows:
A. Unsafe Buildings. All buildings or structures which are
structurally unsafe, dangerous, unsanitary or not provided
with adequate egress or which in relation to existing use
constitute a hazard to safety or health by reason of
inadequate maintenance, dilapidation, obsolescence or
abandonment are, severally, for the purpose of this
chapter, unsafe buildings. Al such buildings and
structures are hereby declared to be illegal and are
prohibited and shall be abated by repair and rehabilitation
or by demolition and removal in accordance with the
procedures of this chapter.
B. Unsafe Premises. All premises which are unsafe,
dangerous, suffer from inadequate maintenance or neglect
or which do not permit or provide for adequate access by
emergency and/or fire rescue vehicles are, for the
purpose of this chapter, unsafe premises. All such
premises are hereby declared to be illegal, are
prohibited and shall be abated by repair and rehabilitation
in accordance with the procedures of this chapter.
Section 90-4 (Inspection and report) is hereby amended as
follows:
A. Unsafe Building. When, in the opinion of the Building
Inspector, any structure located in the town shall be
deemed to be unsafe or dangerous to the public, he shall
make a formal inspection thereof and thereafter prepare a
written report thereof and file the same in his office.
B. Unsafe Premises. When, either on the Building Inspector's
own volition or after receiving a written recommendation
from the Commissioners of any Fire Department or Fire
Village Trustees located in the town that any premises is
unsafe in that it does not permit or provide for adequate
access by emergency and/or fire rescue vehcles as
required t)y Section 100-235 (C) in which the Building
Inspector concurs, the Building Inspector shall make a
formal inspection thereof and thereafter prepare a written
report thereof and file the same in his office.
Section 90-5 (Service of notice) is hereby amended as follows:
A. When it shall be determined by the Building Inspector that
a building, premises or structure is dangerous or unsafe to
the public, he shall p~omptly serve or cause to be served a
notice on the owner or other persons having an interest in
such premises, building or structure as hereinafter
provided.
13. The aforementioned notice shall be served on the owner of
the building, structure or premises or some 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 last completed assessment roll of the
Town, either personally or by registered mail, addressed to
the person intended to be served at the last know place of
business. If the notice is served by registered mail, the
Building Inspector shall cause a copy of such notice to be
posted on the premises.
Pg 3 - PH, LL Unsafe Buildings
5o
Section 90-6 (Contents of notice) is hereby amended as follows:
The notice referred to in Section 90-5 hereof shall contain the
following:
A. A description of the premises.
B. A statement of the particulars in which the premises,
building or structure is unsafe or dangerous.
C. An order requiring the premises, building or structure to
be made safe and secure or removed.
D. A statement that the securing or removal of the building or
structure or the rehabilitation of the premises shall
commence within ten (10) days from the date of the service
of the notice and shall be completed within thirty (30)
days thereafter. The Building Inspector may extend the
time of compliance specified in the notice, where there is
evidence of intent to comply within the time specified and
conditions exist which prevent immediate compliance. In
granting any such extension of time, the Building Inspector
may impose such conditions as he may deem appropriate.
E. A statemnt that, in the event of the neglect or refusal of
the person served with notice to comply with same, a
hearing will be held before the Southold Town Board,
notice of which and the time and place thereof to be
specified in the notice to the owner referred to in section
90-5 hereof.
F. A statement that, in the event that the Town Board, after
the hearing specified in section 90-6E hereof, shall
determine that the premises, building or structure is
unsafe or dangerous to the public, the Town Board may
order the building or structure to be repaired,
made safe and/or secured or taken down and removed. In
the case of an unsafe premises, the Town Board may order
the premises rehabilitated and made safe.
G. A statement that, in the event that the premises, building
ro structure shall be determined by the Town to be unsafe
or dangerous and in the event of the neglect or refusal of
the owner to make safe, repair or remove the same within
the time provided, the Town may remove such building or
structure or make safe the premises by whatever means if
deems appropriate and assess all costs and expenses
incurred by the Town in connection with the proceedings to
remove or secure, including the cost of actually removing
said building or structure, against the land on which said
buildings or structures are located.
Section 90-7 (Filing of copy of notice) is hereby amended as
follows:
A copy of the notice referred to in Section 90-6 hereof may
be filed with the County Clerk of the County within which such
premises, building or structure is located, which notice shall
be filed by such clerk in the same manner as a notice of
pendency pursuant to Article 65 of the 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 be effective for a
period of one (I) 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 Town
Pg 4 - PH LL Unsafe buildinqs
7o
Attorney. The Clerk of the County where such notice is filed
shall mark such notice and any record or docket thereof as
cancelled of record, upon the presentation and filing of such
consent or of a certified copy of such order.
Section 90-8 (Emergency measures to vacate)
If the Building Inspector determines in his inspection of any
premises, building or structure that there is actual and
immediate danger of failure or collapse so as to endanger life,
he shall promptly require the premises, building, structure or
portion thereof to be vacated forthwith and not to be reoccupied
until the specified repairs are completed, inspected and
approved by the Building Inspector. For this purpose, he may
enter such premises, building or structure or land on which it
stands or adjoining land or structures with such assistance and
at such cost as ma;, be necessary. He may also order adjacent
structures to be vacated and protect the public by appropriate
barricades or such other means as may be necessary and for
this purpose may close a private or public right-of-way. The
Building Inspector shall cause to be posted at each entrance to
such premises, building or structure a notice stating, "This
building (or "premises", if applicable) is unsafe and its use or
occupancy has been prohibited by the Building Inspector."
Such notice shall remain posted until the required
rehabilitation, repairs are made or demolition is completed. It
shall be unlawful for any person, firm or corporation or their
agents or other persons to remove such notice without written
permission of the Building Inspector or for any person to enter
the building except for the purpose of making the required
repairs or the demolition thereof.
Section 90-9 (Costs and expenses)
All costs and expenses incurred by the Town of Southold in
connection with any proceeding or any work done to remove the
danger or in connection with the demolition and removal of any
such building or structure shall be assessed against the land on
which such building or structure is located, and a statement of
such expenses shall be presented to the owner of the property,
or if the owner cannot be ascertained or located, then such
statemnt shall be posted in a conspicuous place on the
premises. Such assessment shall be and constitute a lien upon
such land. If the owner shall fail to pay such expenses within
ten (10) days after the statement is presented or posted, a
legal action may be brought to collect such assessment or to
foreclose such lien. As an alternative to the maintenance of
any such action, the Building Inspector may file a certificate
of the actual expenses incurred as foresaid, together with a
statement identifying the property in connection with which the
expenses were incurred and the owner thereof, with the
assessors who shall in the preparation of the next assessment
roll, assess such amount upon such property. Such amount
shall be included in the levy against such property, shall
consitute a lien and shall be collected and enforced in the
same manner, by the same proceedings, at the same time and
under the same penalties as is provided by law for the
collection and enforcement of real property taxes in the Town
of Southold.
Pg 5 - PH LL Unsafe Buildinqs
II. This Local Law shall take effect upon its filing with the Secretary of State.
Copies of this Local law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: March 12, 1991. Judith T.
Terry, Southold Town Clerk." This proposed Local Law is very lengthy. I'll
try to give you a brief summary of it. We were approached by the Fire Commissioners
of Southold 'Town, and we were informed several months ago, that due to unsafe
conditions of' access ways leading through a lot of the private roads, and some
of the networks, that are off the main highways here in Southold Town, are un-
passable, and it is there duty as Commissioners to do whatever they can possibly
to make sure these buildings, and structures, are reachable by fire fighting
equipment, and emergency access equipment. They asked the Town Board,if the
Town Board would please put in a procedure whereby that if these roads were
not accessible to these vehicles, that the Town could render these roads, after
notifying the owners of the property, and if the people refused to bring them
up to passable standards, that the Town would then take it upon themselves to
close these roads to be put in a passable condition, and that this would billed
against the property of the people, who had declined to do it in the first place.
We agreed with the Commissioners, that public safety is a major concern here,
and that after reading some of the conditions of some of roads, and they gave
us lengthy lists of most of the districts of roads, that were unpassable for many
reasons, which was extreme potholes, completely blind turns, branches encrouching
that just made everything completely unpassable. The Town Board now has caused
a Local Law, much as to be drafted, much as our unsafe buildings and structures
law. That if after the Building Inspector goes out, and evaluates, and in his
opinion, and this is in the opinion of the Building Inspector, these roads are
uqoassable for whatever reasons, that the Town could cause this action' to be done
on the premises, and that the people would be responsible for paying for this
improvement. That's basically the synopsis of the Law. If anybody feels that
there's anymore explanation neccessary, please raise your hand, and I'll be happy
to go further. We have an affidavit of publication from The Long Island Traveler-
Watchman, an affidavit from The Suffolk Times, an affidavit from the Town Clerk,
that this has been posted on the Town Bulletin Board for the appropriate time.
There are no further communications.
SUPERVISOR HARRIS: Thank you. At this time, are there any members of the
audience, that would like to speak either in favor or against this public hearing,
that we're having on the local law change? (No response.) If not, I'll declare
this public hearing closed.
~'Juditfi T. Terry~
Southold Town Clerk
NOYICE OF
PUBLIC HEARING
ON LOGA~ IAW
PUBLIC NOTICE IS
I-I~REBY GIVEN that these has
been presented to the Town
Board of the Town of Southoin,
Suffolk County, New York, on
the 12th day of March, 1991, a
Local Law entitled, "A ~
Law in ltdatiun to Umafe
BMIdlngs and Premises."
NOTICE IS FURTHER
GIVEN that the Town Board of
the Town of Southold will hold
a pubtk ~ on the aforcsuid
Local Law at the Southold Town
Hall, Main B~ad, Southuid,
New York, on the 26th day of
M~Ch, 1991, at 8.'00 P.M., at
will be heard.
Relation to Unsafe Buildings
and Premises" reads as follows:
BE IT ENACTED by the
Town Board of the Town of
Southold as follows:
I. Chapter 90 (Unsafe
Buildings) of the Code of the
Town of Southold is hereby
amended as follows:
1. Section 90-I (Title) is
hereby amended as follows:
This chapter shall be known
as the "Unsafe Buildings,
P~miser and Collapsed Struc-
tures Law of the Town of
Southold:'
2. Section 90-3. (Unsafe
buiklings and premises pro-
inbited) is hereby amended as
follows:
A. Unsafe Buildings. All
buildings or structures which are
structurally unsafe, dangerous,
unsainta~, or not provided with
adequate egress or winch in rela-
tion to existing use constitute a
ha,ard to safety or health by
maintenance, dilapidation, ob-
solesceace or abandonment are,
se~mily, for the purpose of this
chapter, unsafe binldin~ All
such buihiln~ and structures are
hereby dadased to be lilegal and
are proinbited and shall be
abated by repair and rehabilita-
tion or by demolition and
removal in accordance with the
· procedures of this chapter.
B. Unsafe Premises. All
premises which are unsafe,
dangerous, suffer from inada-
q,,~te maintenance or neglect or
winch do not permit or provide
for adequate access by emergen-
cy and/or fire rescue vehicles
are, for the purpose of ~this
chapter, unsafe premises. All
declared to be illegal, are pro-
hibited and shall be abated by
~pair and rehablltation in ac-
cordance with the procedures of
this chapter.
3. Section 90-4 (Inspection
District or from the Village of
Gr~mport Fire Wardens or
Village ~ustees Io~-*-d in the
in that it does not permit or pro-
vide for adequate acccss by
vehicles as required by Section
100-235(C) in which the
Building Inspector concurs, the
Building Inspector shall make a
formal inspection thereof and
thereafter prepare a written
report thereof and file the same
in his office.
4. Section 90-$ (Service of
notice) is hereby amended as
follows:
A. When it shall be detemdn.
ed by thc Building Inspector
that a building, premises or
structure is dangerous or unsafe
to the public, he shall promptly
~ or ~ause to be served a
notice on the owner or other
persons having an interest in
such pren~ building or struc-
ture as hereinafter provided.
B. The aforementioned notice
shaH be served on the owner of
the building, structure, or
pferin~ or ~ome one of the
owner's executors, legal
mpresentative~ agents, lessees or
other person having a vested or
contingent interest in same, as
shown by the la]t completed
assessment roll qf the Town,
either personally or by registered
mail~ addressed to the person in-
tended to be served at the last
known place of business. If thc
notice is served by registered
mail, the Building Inspector
shall cause a copy of such notice
to be posted on the premises.
,$.Section 90-6 (Contents of
notice) is hereby amended as
follows:
The notice referred to in Sec-
tion 90-5 hereof shall contain
the following:
A. A description of the
Premises.
B. A statement of the par-
ticulars in which the premises,
building or structure is unsafe or
dan~erons.
C. An order requiring the
premises, building or structure
to be made safe and secure or
removed.
· D- A statement that the secur.
mg or removal of the building
or structure or the rehabilitation
of the premises shall commence
witinn ten (10) days from thc
date of the service of the notice
and shall be completed within
thirty (30) days thereafter. The
Building Inspector may extend
the time of compliance specified
in the notice, where there is
.'vidance of intent to comply
within the time specified and
conditions exist winch p~vent
immediate compliance. In aran-
ting any such extension of time,
the Building Inspector may im-
pose such conditions as he may
deem appropriate,
and report) is hereby amended E. A statement that, in the
as follows: '. event of the neglect or refusal of
A. Unsafe Bnildlng_ '~/hen, in t~t person served with notice to
the opinion of the Building In- c°...nplY with same, a hearing
spector, any structure located in will ~ held before the Southold
the town shall be deemed to be ~a~t~o~ard, I~otlce of winch
unsafe or dangerous to the. andre 'me and place thereof
public, he shall m_.ake a formal to be sp~ed in the notice to
inspection thereof and thereafter the owner. .
prepare a written rq~ort thereof 90-5 bere°Lrred to m section
and f'de the same in his office
B. Unsafe Premises. When,
either un the Bulldln_e Inspec-
tor's own volition or after
rlgeiving a written recommen-
dation from the Commhsioners
of an~ Fire Department or Fire
F. A stare~-
event that the'i, that, in the
the hearing sl~., a~
~ shgU secUo
90-6E h~,. ~: e-
that tbe P~' ~n
_._ ~e or ~ or
to tbe pub~ ~e ~
may order the ballding or struc-
ture to be repah~d, made safe
and/or secured or taken down
and removed. In the case of an
unsafe premises, the Town
Board may order the premises
rehabilitated and made saf~
O. A statement that, in the
event that the premises, buildin~
or structure shall be determin-
ed by the Town to be unsafe or
dangerous and in the event of
the neglect or refusal of the
owner to make safe, repair Or
remove the same within the time
provided, the Town may remove
such building or structure or
make safe the premises by
whatever means it deems ap-
propriate and assess all costs
and expenses incurred by the
Town in connection with the
proceedin~ to rsmove or secure,
including the cost of actually
removing said buildhig or struc-
ture, against the land On which
said bSildi~gs br structures are
located.
6. Section 90-7 (Filing of copy
of notice) is hereby amended as
follows:
A copy of the notice referred.
to in Section 90-6 hereof may be
filed with the County Clerk of
the County within winch such
premises, building or structure
is located, which notice shall be
filed by such clerk in the same
manner as a notice of penden-
cy pursuant to Article 65 of the
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 tins sec-
tion. A notice so filed shall be
effective for a period of one (1)e
year from the date of filing; pro-
vided, 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 Town Attorney. The Clerk of
the County where such notice is
flied shall mask such notice and
any record or docket thereof as
cancelled of record, upon the
presentation and filing of such
consent or of a certified copy of
such order.
7. Section 90-8 (Emergency
measures to vacate).
If the Building Inspector
determines in his inspection of
any premises, building or struc-
ture that there is actual and im-
mediate danger of failure or col-
lapse so as to endanger life, he
shall promptly require the
premises, building, structure or
portion thereof to be vacated
forthwith and not to be renc-
cupied until the specified repairs
are completed, inspected and
approved by the Building In-
spector. For this purpose, he
may enter such premises,
building or structure or land on
which it stands or adjoining
land or structures with such
assistance and at such cost as
may be necessary. He may also
order adjacent structures to be
vacated and protect the public
by appropriate barricades or
such other means as may be
necessary and for this purpose
may close a private or public
right-of-way. The Building In-
spector shall cause to be posted
at each entrance to. such
premises, building or structure
a notice stating, "This building
(or premises, if applicable) is
unsafe and its use or occupan-
cy has been prohibited by the
Building Inspector.' Such notice~
shall remain posted until the re-
pleted. It shall be unlawful for
any person, firm or corporation
or taeir agents or other persons
to reraove such not/ce without
written permission of the
Building Inspector or for uny
person to enter the building ex-
cept for the purpose of making
the required repairs or the
demolition thereof.
8. Section 90-9 (Costs and
expenses.)
All costs and expenses incur-
red by the Town of Southold in
connection with any proceeding
or any work done to remove the
danger or in connection with the
demolition and removal of any
such building or structure shall
be assessed against the land on
which such building or structure
is located, and a statement of
such expenses shall be presented
to the owner of the property, or
if the owner cannot be ascertain-
ed or located, then such state-
ment shall be posted in a con-
spicuous place on the premises.
Such assessment shall be and
constitute a lien upon such land.
If the owner shall fail to pay
such expenses witinn ten (10)
days after the statement is
presented or posted, a legal ac-
tion may be brought to collect
such assessment or to foreclose
such lien. As an alternative to
the malntcance of any such ac-
tion, the Building Inspector may
file a certificate of the actual ex-
penses incurred as aforesaid,
together with a statement iden-
tifying the property in connec-
tion with which the expenses
were incurred and the owner
thereof, with the assessors who
shall, in the preparation of th~
next assessment roll, assess such
amount upon such property.
Such amount shall be included
in the levy against such proper-
ty, shall constitute a lien and
shall be collected and enforced
in the same manner, by the same
proceedings, at the same time
and under the same penalties as
is provided by law for the col-
lection and enforcement of real
property taxes in the Town of
Southold.
Il. This Local Law shall take
effect upon its filing with the
Secretary of State.
Copies of this Local Law are
available in the Office of the
Town Clerk to any interested
persons during business hours.
DATED: March 12, 1991
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1X-3/21/91(15)
COUNTY OF SUFFOLK
SS:
S-FATE OF NEW YOI~.K
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at $outhold, in Suffolk County;
and that Ibc notice o1' which tile annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for . . / weeks
successively, commencing on tile ......................
d~,x o~'. ..... .,/'2,2.~: ~, (;~ ..... ~9 .~.,(..
~-~./
Sworn to before me this ..................... day of
Notary Public BARBARA A. SCHNEIDER
NOTARY PUBLIC, State ot New York
I%. 4806846
Qualified in Suffolk Cougty /
Commission Expires oc~./3
~ HKARING
ON LOCAL LAW
pUBLIC NOTICE IS HEREBY
(l~ that ~ere has been pl~se~ted
to ~ Town Board of the Town of
S~dd, S~ffelk County, New yodc,
eme~mc-y and/or f~
v~hinl~ ~s ~
~ 1~5 (~ ~ whi~
~ ~s~ ~rs,
· e Bu~ ~r shah
make · focal inspection
~ ~ ~tcr
em ~ 12th day of March, 1991, a fdethe umeinhis office.
Local Law mtitind, "A Local Law in 4. Sectia190-5 (S~vice of notice)
Rd~Jon to Unsafe Buildings and is hereby mnended as follows:
NOTICE IS FURTHER GIVEN
that ~ Town Board of the Town of
Smsil~d will held a
on ~ aforesaid L~al Law at the
~ld Town Hall, Main Road,
~, New Yo~, ~ ~e
~ ~, 1~91, at 8:~ P.M., at
ln~ to Unsafe Buildings and
~ ~ ~ f~hiws:
~[ ~ ~CTED, by the Town
~T~dm f~-
~ T~ ~ ~ld
1. ~ 9~1 ~e).is
~ ~ foH~s:
~ ~r ~
~ ~Ha~ Stmctu~
and premises prohibited) is
A. U~e ~d~gs. AH ~-
A. When it shall be determined
by she B~ilding Inspector that
a buildi~, premises or same-
tree is dengemm or unsafe to
no6ee ~m the owner o~ tuber
pekins having an inter,st in
such premises, building or
stmctme as hereinafter pro-
vided.
B, The aforementioned notice
shall be served ~ the owner
of the building, structure or
lessees or other person hav-
inte~st in s~me, as shown by
meat ~ of the Tovm, either
personally or by registered
mail, edd~ssed to tbe pa~on
intended to be served at the
last Imovm place of business.
If the notice is served by
registe~d mail, the Building
lnspac~or shall cause a eopy
sdety or heahh by reason of 90-5 hereof shall contain the
dilapidation, ~solesce~e or A. A descdl~io~ of thc l~mis-
be~by decla~t to be illegal
and ate prohibited and shah
be abet~ by ~peir ~d ~a-
bilitatlon or by d~molition
chap~r.
~ or which do net penmt
pi~mises m~ bereby declared
Depanmem or Fire District
or ftmn the trill~e of C,~.
that it dees not Fennit or pro-
vide for adequate access by
boilding or stmcmt~ is unsafe
ix dangerous.
C. An order requiring thc
premises, building or stmc-
(10) days from the date ohhe
(30) days thereafter. The
m comply wish same, a hear.
l~ace thereof m be specified
detem~ined by ~be Town to be
unsafe or dengemus and in
by the Town in connection
~ 1~.
f~ ~ su~ cle~ in ~c ~e
judge or jus~ce of a cou.n of
fded s~ m~ s~ n~ ~d
~t or of a ~ ~ of
su~ ~r.
7. ~ ~8 ~m~ m~-
the purpose of making the
t~quired repairs or the demoli-
tion thereof.
8. Section 90-9 (Costs and ex-
penses)
danger or in cc~nectiou with thc
demolition and removal of any
such expenses sh~l be p~lented
to the ovn~r of the property, or il
expenses within ten (10) days
an a~mafive to abe m~
of any such action, thc Building
~n~ctor may f'~ a certificate o~
the actual expenses incuned as
mcat identifying thc pr~erty in
connection with which the
expenses were incuned and the
owner tbe~, with thc asses~on
who shall, in the preparation of
such ~ upcfl tach ptX~.~cnY.
S~ch amomt thaO be indu~Vd in
sbell ~onsthme a lien and shall be
collected and enforced in the
same manner, by the same pro-
ceedings, at the same time and
md enforcement of real pwpeny
tsxes in the Town of Seuthold-
II. This Local Law shah take effect
upon its filing with the Secretary
Copies of this Local Law are wail-
able in the Office of the Town Clunk
If the Building Inspector de- ness hours.
terminus in his inslleaion of any DATED: March 12. 1991.
premises, building or structure
that the~e is actual and immedi-
ate danger or failmc or collapse,
so as to eodenger life, he shail
peou~ty mqmm the tmmses,
th~ s~if~d ~its m ama-
by the Building Inspe~toT, For
this purpose, he may ente~ such
adjoining land or structures with
be vacated and ~ the i~b-
necessary nnd for this purpose
right-of-way. The Building
n~ine rating, =This building (or
=premises", if applicable) is
~msafe and its use or occupancy
has been prohibited by the
Building Inspeoor." Such no,ce
required rehabilitation, repairs
SOUTHOLD TOWN CLERK
6982-1TM21
STATE OF NEW YORK)
}SS:
COUNTY OF SUFFOLK}
SHARON ROCK of Mattituok, In
said County, being duly sworn, says that he/she Is Principal
Clerk of THE SUFFOLK TIMES, · Weekly Newspaper,
published at Mattltuck, In the Town of Southold, County of
Suffolk and State of Mew York, and that the Notice of which
the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1 weeks
successively, commencing on the 21 day of
MARCH t991
/?/7/~ ,// ~'~ PrincipalClerk