[HISTORY: Adopted by the Town Board of the
Town of Wales 5-11-1993 by L.L. No. 1-1993. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See Ch. 84.
The Zoning Enforcement Officer shall make periodic
inspection of all structures in the Town. If any structure within
the Town may now be or shall hereafter become dangerous or unsafe
to the public, in the judgment of the Zoning Enforcement Officer,
said Zoning Enforcement Officer shall report said finding to the Town
Board.
The Town Board shall immediately cause notice
of said findings to be served on the owner or some one of the owner's
executors, legal representatives, agents or lessees or any other person
having a vested or contingent interest in the same, either personally
or by registered mail, addressed to the last known address, if any,
of the owner or the aforementioned alternative person as shown by
the records of the Receiver of Taxes and/or in the office of the County
Clerk. If said notice is served by registered mail, a copy thereof
shall be posted on the premises. Said notice shall contain:
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.
A statement that the required repairs or removal begin
within 30 days of the date of the notice and must be concluded within
a reasonable time, in no case to exceed 90 days from the date of the
notice.
E.
A statement directing the property owner to respond
to the Town Board within 10 days from the date of service of the notice,
if by personal service, and by 15 days from the date of mailing, if
service is by registered mail, admitting or denying that the building
or structure is unsafe or dangerous. If the property owner admits
to the building or structure being unsafe or dangerous, said property
owner must submit a statement that the required repairs or removal
shall begin within 30 days from the date of the notice and must be
concluded within a reasonable time, and in no case to exceed 90 days
from the date of notice. If the property owner denies the charge or
fails to respond to the notice, the Town shall direct the filing of
an information before the Town of Wales Justice Court charging the
property owner with violation of this section.
F.
A statement that, in the event of neglect or refusal
to comply with the order to secure or remove, the Town Board is authorized
to provide for the demolition or removal and to assess all expenses
of the proceeding and the removal against the land on which the structure
is located and to commence a special proceeding to collect said costs
from the owner.
A copy of said notice shall be filed in the
office of the Erie County Clerk in the same manner as a notice of
pendency pursuant to Article 65 of the Civil Practice Law and Rules.
A.
The Town Justice Court shall conduct a proceeding
to determine the facts and circumstances of the case in accordance
with the New York Uniform Justice Court Act. The Town Justice will
make a determination to affirm, modify or annul the order of the Zoning
Enforcement Officer which requires the premises to be made safe or
removed.
B.
Said determination may also include appropriate orders
to be carried out in the event of a default by the owner in the term
of said determination. Said orders may include but shall not be limited
to causing the structure to be removed and to assessing the cost and
expenses thereof of this proceeding and the removal of the structure
against the land on which said structure is located and to instituting
a special proceeding against the owner to collect said costs pursuant
to § 78-b of the General Municipal Law.
