This chapter shall be known as the "Unsafe Buildings and Collapsed Structures
Ordinance of the Town of Lake George."
When, in the opinion of the official appointed by the Town Board of
the Town of Lake George for the purposes of enforcing this chapter, any structure
located therein shall be deemed to be unsafe or dangerous to the public, he
shall make a formal inspection thereof and report in writing to the Town Board
of the Town of Lake George his findings and recommendation in regard to its
removal or repair.
Said Town Board shall thereafter consider said report and by resolution
determine, if in its opinion the report so warrants, that said structure or
building is unsafe and dangerous and order its removal or repair if the same
can be safely repaired, and further order that a notice shall be given to
the following persons or corporations and in the manner herein as provided.
The notice shall contain the following:
A. A description of the premises.
B. A statement of the particulars in which the building
or structure is unsafe or dangerous.
C. An order requiring the same to be made safe and secure
or removed.
D. That the securing or removal of the said buildings or
structures shall commence within 30 days of the serving of the notice and
shall be completed within 60 days thereafter.
E. That in the event of neglect or refusal of the persons
and/or corporations served with the notice to comply with the same, a survey
of the premises will be made by an inspector and architect to be named by
the Town Board, and a practical builder, engineer or architect appointed by
said persons or corporations so notified.
F. That in the event of the refusal or neglect of the persons
or corporations so notified to appoint a surveyor, the two surveyors named
by the Town Board shall make the survey and report.
G. That in the event that the buildings or other structures
shall be reported unsafe or dangerous under such survey, an application will
be made at a special term of the Supreme Court in the judicial district in
which the property is located for an order determining the building or other
structure to be a public nuisance and directing that it shall be repaired
and secured or taken down and removed.
H. That the land on which said buildings or structures are
located will be assessed for 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.
Said notice shall be served in the following manner:
A. By personal service of a copy thereof upon the owner
or some one of the owners, executors, legal representatives, agents, lessees
or any other person having a vested or continued interest in the premises
as shown by the last preceding completed assessment roll of said Town; 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; and
B. By personal service of a copy of such notice upon any
adult person residing in or occupying said premises; or if no such person
can be reasonably found, by securely affixing a copy of such notice upon the
building or structure.
In the event that the building or other structure shall be reported
unsafe or dangerous under such survey, the Town Board may pass a resolution
directing the Supervisor of the Town to make an application at a special term
of the Supreme Court of the State of New York in the judicial district in
which the property is located, for an order determining the building or other
structure to be a public nuisance and directing that it shall be repaired
and secured or taken down and removed.
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, shall be assessed against the land on which said buildings or
structures are located.
Said surveyors shall be paid reasonable compensation for the service
performed by them in making their survey and in preparing the report thereof.
[Added 7-11-1994 by L.L.
No. 1-1994]
Any violation of this chapter shall be punishable, for each violation,
by a fine of not more than $250 or imprisonment for not more than 15 days,
or both.