[HISTORY: Adopted by Common Council of City of North Tonawanda 10-18-1965.]
All buildings or structures or any part or parts thereof which
become or are abandoned, dilapidated, deteriorated, decayed or unattractive
from any cause so as to endanger the health, safety or welfare of
the public shall be repaired, demolished or removed.
The Building Inspector shall cause an inspection of any premises alleged to be in violation of § 94-1 to be made and he shall thereafter prepare and file in his office and with the Common Council a report of said inspection.
When it shall be determined by the Building Inspector that a building or structure or any part or parts thereof is not in compliance or conformity with the provisions of § 94-1 of this ordinance, he shall immediately serve notice upon the owner and all other persons having an interest in such property or structure as hereinafter provided.
The aforementioned notice shall contain a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous or otherwise is in violation of § 94-1 hereof and an order of the Building Inspector requiring same to be repaired, demolished or removed; a statement that, if such owner so served shall fail to commence to repair, demolish or remove such building or structure within 30 days from the service of said notice, the City of North Tonawanda will repair, demolish or remove such building or structure and that all costs and expenses incurred by the city in connection with the proceedings to repair, demolish or remove such building or structure, including the cost of actually repairing, removing or demolishing the same, will be assessed against the land on which said building or structure is located; a place and time of the hearing as provided in § 94-6 of this ordinance.
The aforementioned notice by the Building Inspector shall be
served, either personally upon the owner and all other persons having
an interest in such property or structure or by registered mail, in
a securely fastened, postpaid wrapper, addressed to the owner and
to all other persons having an interest in such property or structure,
at his last known place of residence, as shown by the records of the
City Assessor, City Treasurer or Clerk of the County of Niagara. If
said notice is served by registered mail, the Building Inspector shall
cause one copy of the notice to be posted on the premises involved.
A.Â
The
notice aforementioned shall also contain the time and place at which
a hearing will be granted before the Building Inspector to the owner
and such other persons having an interest in the building or structure
described in the notice. At said time and place, the owner and such
other persons having an interest in the building or structure shall
be afforded the opportunity to present testimony and evidence regarding
the conditions of the property with reference to those particulars
contained in the aforementioned notice. The time of said hearing shall
be specified on a date no sooner than five days after the service
of the notice and no later than the tenth day after service thereof.
B.Â
If the owner or any person having an interest in the building or structure involved submits evidence at such hearing before the Building Inspector, the Building Inspector shall thereafter make a further determination, which shall affirm his original determination or modify the specifications of his original determination or vacate the original notice. In the event that the Building Inspector shall affirm or modify his original determination, notice thereof shall be served upon those who appeared at the hearing, in the manner prescribed by § 94-5 of this ordinance, within three days after the hearing, and the order to repair, remove or demolish contained in the original notice shall remain in full force and effect subject only to those specifications modified pursuant to this section.
A.Â
The Building Inspector shall file a copy of the notice provided for in this ordinance in the office of the Clerk of the County of Niagara within 10 days after service under § 94-5 is complete. Such 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 section. 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 the consent of the City Attorney of the City of North Tonawanda. The Clerk of the County of Niagara shall mark such notice and any record docket thereof as cancelled of record, upon the presentation and filing of such consent or of a certified copy of such order.
The ordinance entitled "Unsafe Structures and Property Rehabilitation
Ordinance" enacted on the 17th day of May 1965 is hereby repealed.
[Amended 6-18-2003]
A.Â
A
violation of any of the sections of this chapter shall be deemed a
City ordinance violation and shall be punishable by a fine not exceeding
$250 per day for each offense or imprisonment of up to 15 days in
jail, or both.
B.Â
Removal or destruction of any sign identifying property in violation of § 94-1 of this chapter shall be deemed a City ordinance violation and shall be punishable by a fine not exceeding $250 per day for each offense or imprisonment of up to 15 days in jail, or both.
C.Â
Offenses
of this chapter shall continue to accrue daily until such time as
the property owner and occupant are no longer in violation.
This ordinance shall take effect immediately.
