[HISTORY: Adopted by the Town Board of the
Town of Ellicott 9-19-2016 by L.L.
No. 4-2016.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 51.
Property maintenance — See Ch. 56.
Zoning — See Ch. 146.
[1]
Editor's Note: This local law also repealed former Ch. 55,
Buildings, Unsafe, adopted 2-25-1976 as part of L.L. No. 1-1976.
Unsafe buildings and collapsed structures pose a threat to life,
health, and property in the Town of Ellicott. Buildings and structures
may become unsafe by reason of damage by fire, or other causality
damage, the elements, age or general deterioration. Vacant buildings
not properly secured at doorways and windows are nuisances and serve
as a congregation area for vagrants, the homeless, the mentally incompetent
and children who may be injured therein. A dilapidated building or
collapsed structure may also serve as a place of rodent infestation
and thereby create a health menace to the community. Debris, rubble
or parts of buildings left on the ground or in disrepair and not removed
constitute a dangerous, unhealthy and unsightly condition. It is the
purpose of this chapter to provide for the safety, health, protection
and general welfare of the people and property in the Town of Ellicott
by requiring such unsafe buildings to be repaired or demolished and
removed.
As used in this chapter, the following terms shall have the
meanings as indicated.
Any building, structure or portion thereof used for residential,
business, industrial, recreational, agricultural or any other purpose.
The Code Enforcement Officer of the Town of Ellicott or such
other person appointed by the Town Council to enforce the provisions
of this chapter.
Any debris, rubble or parts of buildings which remain on
the ground or on the premises after demolition, reconstruction, fire,
collapse or other casualty.
Any building or structure or portion thereof which, because
of its structural condition, is or may become dangerous or unsafe
to the public, and may include, without limitation, any or all of
the following:
Units open at the doorways or accessible by and a source of
attraction to minors under 18 years of age, as well as to vagrants
and other trespassers;
Units which may become a place of rodent infestation or infestation
by other insects or pests;
Units consisting of debris, rubble or parts of the building
left on the ground after demolition, reconstruction, fire, collapse
or other casualty; and/or
Units presenting any other danger to health, safety, morals
and general welfare of the public.
Unsafe buildings and structures in this Town shall be identified
and addressed in accordance with the following procedures.
When, in the opinion of the Code Enforcement Officer or a New
York State licensed engineer hired by the Town of Ellicott, any building
or structure located in the Town of Ellicott shall be deemed to be
dangerous or unsafe to the public as defined in this chapter, the
Code Enforcement Officer or engineer shall make a formal inspection
thereof and report, in writing, to the Town Council his or her findings
and recommendations in regard to the building's or structure's
removal or repair.
The Town Council shall thereupon consider the report, and, if
it finds that such building or structure is dangerous and unsafe to
the public, it shall, by resolution, order its repair if the same
can be safely repaired and, if not, its removal and demolition and
shall further order that a hearing be held before the Town Council,
at a time and place therein specified and on at least five days'
notice to the owner of the building or structure or persons having
an interest therein, to determine whether said order to repair or
remove shall be affirmed or modified or vacated and, in the event
of modification or affirmance, to assess all costs and expenses incurred
by the Town in the repair or removal of such building or structure
against the land on which said building or structure is located. Said
order shall also provide that the securing or removal of said building
or structure shall commence within 30 days after service of notice
and shall be completed within 60 days thereafter.
The notice shall contain the following statements:
A.
The name of the owner or person in possession as it appears from
the tax and deed records.
B.
A brief description of the premises and its location.
C.
A description of the building or structure which is unsafe or dangerous
and a statement of the particulars in which it is unsafe or dangerous.
D.
An order requiring the same to be made safe and secure or to be removed.
E.
That the securing or removal of said building or structure shall
commence within 30 days of the service of the notice and shall be
completed within 60 days thereafter.
F.
The time and place of the hearing to be held before the Town Council,
at which hearing the owner or occupant shall have the right to contest
the order and findings of the Town Council.
G.
That in the event that such owner, occupant, or other person having
an interest in said premises shall fail to contest such order and
fail to comply with the same, the Town Council will order the repair
or removal of such building or structure by the Town and that the
Town will assess all costs and expenses incurred in such removal against
the land on which such building or structure is located.
A.
A copy of the notice issued by the Town Council shall be personally
served upon the owner of some one of the owners executors, legal representatives,
agents, lessees or other person having a vested interest or contingent
interest in the premises as shown by the collector of taxes and/or
in the office of the Chautauqua County Clerk or Chautauqua County
Treasurer.
B.
If no such person can be reasonably found for personal service, then
a copy of the notice shall be mailed to such person by certified mail,
addressed to the last known address as shown on said records, and
by personally serving a copy of said notice upon any adult person
residing in or occupying the premises or by securely affixing a copy
of said notice upon the building or structure.
C.
A copy of the notice shall be filed in the Chautauqua County Clerk's
office 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. A notice so filed shall
be effective for a period of one year from date of filing. It may
be vacated, however, upon an order of judge or justice of a court
of record or upon the consent of the Town Attorney. When vacated,
the Chautauqua County Clerk 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.
The Town Council conducts the public hearing, at the time and
place specified in the notice to repair or remove, and may adjourn
the hearing from time to time until all interested parties are heard
and until the hearing is completed. At the conclusion of the hearing,
the Town Council shall determine, by resolution, to:
If the owner or person notified fails or neglects to comply
with the order of the Town Council within the specified time in the
order made following the public hearing, the Town Council may provide,
by resolution, that such buildings or structures be made safe and
secure or removed and demolished by Town employees, by independent
contractors, or by other lawful means available to the Town.
A.
All costs incurred by the Town in enforcing this chapter shall be
recoverable from the owner of the premises deemed unsafe or dangerous
hereunder. Such costs hereunder shall include, but not be limited
to, the following.
(1)
Actual attorney fees and disbursements for services rendered with
or without the commencement of litigation.
(2)
Actual engineering fees and disbursements, including the cost of
the Town's Code Enforcement Officer.
(3)
Actual costs of securing, demolishing, removing or repairing the
building or structure deemed unsafe or dangerous.
(4)
Costs of serving and/or publishing notices.
(5)
Costs of title and tax searches.
B.
The costs incurred in enforcing this chapter shall be added to the
next assessment roll for the Town of Ellicott taxes against the tax
parcel(s) which include the unsafe or dangerous building or structure
involved and shall be collected and enforced in the same manner as
other taxes for that parcel(s).
C.
In addition to any other remedies herein, the Town of Ellicott may
commence a special proceeding under Article 4 of the Civil Practice
Law and Rules in a court of competent jurisdiction to collect the
costs incurred by the Town of Ellicott in enforcing this chapter.
Should the Town of Ellicott recover and be paid said costs through
such a proceeding (and after costs have been added to the assessment
rolls), the assessment roll and tax records shall be adjusted accordingly
to properly credit amounts so paid and recovered.
Where it reasonably appears that a building or structure presents a clear and imminent danger to the life, safety or health of any person or property, unless such building or structure is immediately repaired and secured or demolished by its owner or occupant, the Town Council may, by resolution, authorize the Code Enforcement Officer or a New York State licensed engineer to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 55-9 hereof.
