[HISTORY: Adopted by the Town Board of the
Town of Fenton 6-5-1985 by L.L. No. 2-1985. Amendments noted where
applicable.]
This chapter has been enacted to provide for
the securing, repair, removal or demolition of buildings located in
the Town which are now or will subsequently become dangerous or unsafe
to the public, in order to protect the health, safety and general
welfare of the inhabitants of the Town, pursuant to § 130,
Subdivision 16, of the Town Law.
Whenever they are used in this chapter, the
following terms shall have the following meanings:
Uninhabited. Once abandoned, a structure shall continue to
be deemed "abandoned" until one or more persons has inhabited it as
a bona fide inhabitant for a period of at least 45 days. Failure to
make timely payment of real estate taxes shall not be deemed a requisite
of "abandonment."
The Building Inspector of the Town of Fenton.
Houses, barns, factory manufactured homes (modular homes),
manufactured homes, mobile homes, buildings or other structures which
have been rendered uninhabitable or are uninhabited on account of
one or more of the following occurrences:
[Amended 6-4-2014 by L.L. No. 5-2014]
All buildings or structures which have any or all of the
following defects shall be deemed dangerous buildings:
[Added 6-4-1997 by L.L. No. 2-1997]
Those whose exterior walls or other vertical
structural members list, lean or buckle to such an extent that a plumb
line passing through the center of gravity falls outside of the middle
third of its base.
Those which, exclusive of the foundation, show
33% or more of damage or deterioration of the supporting member or
members or 50% of damage or deterioration of the nonsupporting enclosing
or outside walls or covering.
Those which have improperly distributed loads
upon the floors or roofs or in which the same are overloaded or which
have insufficient strength to be reasonably safe for the purpose used.
Those which have been damaged by fire, wind
or other causes so as to have become dangerous to life, safety, morals
or the general health and welfare of the occupants or the people of
the Town.
Those which have become or are so dilapidated,
decayed, unsafe, unsanitary or which so utterly fail to provide the
amenities essential to decent living that they are unfit for human
habitation or are likely to cause sickness or disease, so as to work
injury to the health, morals, safety or general welfare of those living
therein.
Those having light, air and sanitation facilities
which are inadequate to protect the health, morals, safety or general
welfare of human beings who live or may live therein.
Those having inadequate facilities for egress
in case of fire or panic or those having insufficient stairways, elevators,
fire escapes or other means of communication.
Those which have parts thereof which are so
attached that they may fall and injure members of the public or property.
Those which, because of their condition are
unsafe, unsanitary or dangerous to the health, morals, safety or general
welfare of the people of the Town.
Those buildings existing in violation of any provision of Chapter 67, Building Construction and Fire Prevention, or any other provisions of the Code of the Town.
Unfit for human habitation or likely to cause sickness or
disease or likely to constitute an unreasonable danger.
Unoccupied by a person or persons on a regular basis so as
to constitute said person's or persons' dwelling place or abode. A
structure may be uninhabitable within the meaning of "uninhabitable"
of this chapter even though it is not "uninhabited."
Whenever any person shall advise the Building
Inspector, in writing, on a form prescribed by the Town Board and
signed by the complainant, that any premises within the Town of Fenton
has erected upon it a building or other structure that may be dangerous
or unsafe to the public or whenever the Building Inspector has reason
to believe that such is the case, he shall promptly inspect said premises.
[Amended 5-3-1995 by L.L. No. 4-1995]
The Building Inspector shall file with the Town
Clerk a report, in writing, setting forth the condition of any building
or structure inspected by him. The report shall specify the date of
the inspection, the condition which the inspector believes to be dangerous
or unsafe, if any, his opinion as to the cause of such condition and
his recommendation for the correction of such condition. Such report
shall be filed as soon as practicable after the date of such inspection.
The Town Clerk shall forthwith transmit a copy of such report to each
member of the Town Board.
[Amended 6-4-1997 by L.L. No. 2-1997]
Whenever the Building Inspector files a report with the Town Clerk, as directed in § 71-4, alleging that a building or structure is dangerous or unsafe to the public, the Town Board shall order a notice to be served on the owner, one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, either personally or by registered or certified mail, addressed to the last known address, if any, of each, as shown by the records of the Tax Collector of the Town, or in the office of the Broome County Clerk or Real Property Tax Service, or to any more appropriate address of which it shall have knowledge. If such service is by mail, a copy of said notice shall be posted on the premises. Such notice shall contain the following:
A.
A description of the premises sufficient to identify
its location.
B.
A statement of the particular manner in which the
building or structure is dangerous or unsafe.
C.
An order requiring same to be made safe and secure
or demolished or removed.
D.
A statement that the repair, demolition or removal
of the building or structure is to commence within 60 days of the
service or mailing of the notice and be completed within 90 days thereafter,
unless, for good cause shown, such time shall be extended by the Town
Board.
E.
A date, time and place for a hearing before the Town
Board in relation to such dangerous or unsafe building or structure,
such hearing to take place not less than 20 business days from the
date of the service of the notice.
F.
A statement that, in the event of neglect or refusal
to comply with the order to repair, remove or demolish the building
or structure, the Town Board is authorized to effect such repair or
destruction, to assess all costs and expenses thereof incurred by
the Town Board against the land upon which the building or structure
is located and to institute an action at law to collect the costs
and expenses of repair or destruction, including a 10% surcharge and
legal expenses.
A copy of such notice shall be filed in the
office of the Broome County Clerk, 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 provided in this chapter. A notice so filed shall be effective
for a period of one 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 consent of the Town Attorney. The Broome County
Clerk shall mark such notice and any record or docket thereof as canceled
of record upon the presentation of filing of such consent or the certified
copy of such order.
The hearing set forth in the notice shall be held at a meeting of the Town Board. At said hearing, the person served with the notice as provided by § 71-6 of this chapter may present evidence and testimony in opposition to the claim that the building or structure is dangerous or unsafe. If the Town Board, after such hearing, still finds that the building or structure is dangerous or unsafe to the public and if the person served still neglects or refuses to comply with the order, the Town Board shall provide for making it secure or for its repair or demolition. All costs and expenses incurred by the Town or the Town Board in connection therewith shall be assessed against the land upon which such building or structure is located.
If the notice required by § 71-5A of this chapter shall have been given by mail, the Building Inspector is authorized to place an additional notice on the subject building or structure reading as follows: "This building has been found to be a dangerous building by the Town of Fenton Building Inspector. This notice shall remain on this building until it is secured, repaired or demolished. It is unlawful to remove this notice except at the direction of the Town of Fenton Building Inspector."
In cases where it reasonably appears that there is a clear and present danger to the life, health or safety of any person, unless a dangerous or unsafe building is immediately repaired or demolished, the Town Board may authorize the Building Inspector to cause its immediate repair or demolition or that it be otherwise secured. The cost therefor shall be charged against the land upon which such building is located and shall be assessed, levied and collected as hereinafter provided in § 71-10.
All expenses incurred by the Town in causing any building or structure to be secured, repaired or demolished, including the cost of actually removing said building or structure, shall be assessed against the land upon which such building or structure is or was located and shall be levied and collected as a special tax upon the land or shall be recovered in an action at law against the person served with the notice referred to in § 71-5.
