[HISTORY: Adopted by the Town Board of the Town of Macedon: Art. I, 10-10-1991 as L.L. No. 3-1991. Amendments noted where applicable.]
Fire prevention and building construction — See Ch. 61.
Article I Unsafe Premises
[Adopted 10-10-1991 as L.L. No. 3-1991]
This Article shall be known as the "Property Nuisance Abatement Law of the Town of Macedon."
Unsafe premises threaten life and property in the Town of Macedon. Premises, whether occupied or unoccupied by human beings, improved or not, may become unsafe by reason of faulty design or construction, failure to sustain a proper state of repair, lack of proper sanitary facilities, lack of adequate lighting or ventilation, inability to heat properly, failure of adequate maintenance, fire damage, the elements, age or general deterioration, or any combination of these or other factors as to create a health hazard to the community. This Article provides for the safety, health, protection and general welfare of the persons and property of the Town of Macedon by requiring that such unsafe premises be repaired, cured, cleared, cleaned, vacated or demolished.
All unsafe premises within the terms of this Article are hereby declared to be public nuisances and shall be repaired, cured, cleared, cleaned, vacated or demolished as hereinafter provided.
As used in this Article, the following terms shall have the meanings indicated:
- Any building, structure or portion thereof used for any or no purpose, whether vacant or occupied, including residential, business, agricultural or industrial purposes.
- BUILDING INSPECTOR
- The Building Inspector of the Town of Macedon or such other person appointed by the Town Board to enforce the provisions of this Article.
- THE TOWN
- The Town of Macedon.
- THE TOWN BOARD
- The Town Board of the Town of Macedon.
- UNSAFE PREMISES
- Real property and/or any improvements, buildings, structures, equipment thereon or installations therein, including electrical, gas, water, sewer or septic service, whether above or below ground surface, that have become or are so dilapidated, decayed, unsafe, unsanitary, a fire hazard or are likely to cause injury, sickness or disease and, therefore, are a danger to the health, safety or general welfare of those residing in or upon the property or adjacent to same or to the citizens of the Town of Macedon at large. "Unsafe premises" are further defined as properties that, because of their condition, are unsafe, unsanitary or dangerous to the people of the Town of Macedon. "Unsafe properties" shall also be those properties that are in violation of the New York State Uniform Fire Prevention and Building Code, the New York State Public Health Law, the New York State Sanitary Code, the Town of Macedon junkyard, dumping and landfill ordinances, as amended or their successor legislation, and such violations of Chapter 135, Zoning, and other local laws and ordinances declared to be public nuisances by the Town Board by resolution. "Unsafe premises" may include the whole or any portion of any real property described in a deed recorded in the Office of the Wayne County Clerk or on the tax rolls and Tax Map of the Town of Macedon, Wayne County. "Unsafe premises" may be improved or unimproved real property, containing buildings and/or vacant land.
When in his opinion or upon receipt of information that any property is or may become unsafe premises within the meaning of the Article, the Building Inspector shall cause or make an inspection thereof and report, in writing, to the Town Board his findings and recommendations in regard to its being vacated, repaired, secured for safety purposes or demolished and removed.
The Town Board shall thereafter consider such report and by resolution determine, if, in its opinion, the report so warrants, that such building is unsafe or dangerous and order its repair, if the same can be safely repaired, its securing for safety purposes and/or its demolition and removal and further order that a notice be served upon the persons designated in § 96-8 of this Article and in the manner provided therein.
This notice shall contain the following:
A description of the premises.
A statement of the particulars in which the building or property is unsafe or dangerous.
A statement outlining the manner in which the building or property is to be made safe and secure or demolished and removed.
An order that the repair, vacating, securing or removal of such building or condition (nuisance) shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter, unless for good cause shown such time shall be extended.
A date, time and place for a hearing before the Town Board in relation to such dangerous or unsafe premises, which hearing shall be scheduled not less than five business days from the date of service of the notice.
A statement that, in the event of neglect or refusal to comply with the order to secure or demolish and remove or correct such condition (nuisance), the Town Board is authorized to provide for its repair, securing or its demolition and removal as the case may be, to assess all expenses thereof against the land on which it is located and/or to institute a special proceeding to collect the cost of demolition or repair, including legal and engineering expenses.
The notice required under this Article shall be served by personal service of a copy thereof upon the owner, executor, administrator, agent, lessee or any person having a vested or contingent interest in such unsafe building or property, as shown on the records of the Assessor of the Town or of the County Clerk. If no such person can be reasonably found, service shall be made by mailing to such owner by certified mail, return receipt requested, a copy of such notice directed to his last known address as shown on the assessment rolls of the Town of Macedon and by personal service of a copy of such notice upon any person residing in or occupying said premises, if such person can reasonably be found, and by securely affixing a copy of such notice upon the unsafe building or property. Affidavits of service of the notice shall be filed with the Town Clerk of the Town of Macedon at the hearing.
A copy of the notice served as provided herein shall be filed in the office of the Clerk of the County of Wayne and with the Town Clerk of the Town of Macedon.
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the repair, vacating, securing or demolition and removal, as the case may be, of such building or property, either by town employees or by contract. Except in emergency cases as provided for herein, any contract for repair, securing or demolition and removal, as the case may be, shall be awarded in accordance with the provisions of the General Municipal Law of the State of New York.
All expenses incurred by the town in connection with the proceedings to repair and secure or demolish and remove the unsafe building or property including the cost of actually removing such building or correcting such condition or nuisance or repairing the same shall be assessed against the land on which such building or condition or nuisance is located and shall be levied and collected in the same manner as provided for in the Town Law for the levy and collection of a special ad valorem levy.
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 or condition or nuisance is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector to cause immediately the repair, vacating, securing or demolition of such unsafe building or correction of such condition (nuisance). The expenses of such repair, vacating, securing or demolition or correction of such condition (nuisance) shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided for under the Town Law for levy and collection of a special ad valorem levy.
No officer, agent or employee of the town shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this Article. Any suit brought against any officer, agent or employee of the town as a result of any act required or permitted in the discharge of his duties under this Article shall be defended by the Town Attorney until the final determination of the proceedings thereon.