[HISTORY: Adopted by the Town Board of the
Town of Conesus 8-6-2002 by L.L. No. 2-2002. Amendments noted where
applicable.]
Unsafe buildings pose a threat to life and property
in the Town of Conesus. Buildings may become unsafe by reason of damage
by fire, the elements, age or general deterioration. Vacant buildings
not properly secured at doorways and windows also serve as an attractive
nuisance for young children who may be injured therein, as well as
a point of congregation by vagrants and transients. A dilapidated
building may also serve as a place of rodent infestation, thereby
creating a health menace to the community. It is the purpose of this
chapter to provide for the safety, health, protection and general
welfare of persons and property in the Town of Conesus requiring such
unsafe buildings to be repaired or demolished and removed.
This chapter shall be known as the “Unsafe
Buildings and Collapsed Structures Law of the Town of Conesus.”
As used in this chapter, the following terms
shall have the meanings indicated:
Any building or structure, or portion thereof, used for residential,
business, and industrial purposes.
The Code Enforcement Officer of the Town of Conesus or such
other person(s) appointed by the Town Board to enforce the provisions
of this chapter.
The Code Enforcement Officer shall inspect and
report to the Town Board any building located within a business, industrial
or residential district in the Town of Conesus, which, for any cause,
may now be or hereafter shall become dangerous to the public, and
shall recommend the repair or removal of said building.
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 and dangerous, and order
its repair or removal; and further order that a notice be served in
the manner as hereinafter provided; and further order the time within
which the person served with such notice may commence the securing
or removal of such building.
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building
is unsafe or dangerous.
C.
An order requiring that the building be made safe and secure or demolished and removed by a certain time and date, which date shall be not fewer than 15 days from the date of service, except in emergency cases as described in § 64-11 hereof or unless the Code Enforcement Officer, in his or her sole discretion, shall grant a five-day extension necessary for the health, safety and welfare of the people of the Town.
D.
A statement containing a date, time and place for
a hearing before the Town Board, which hearing date is to be scheduled
not fewer than five business days from the date of service of the
notice.
E.
A statement that, if the unsafe or dangerous building
is not removed or repaired as specified, the Town Board is authorized
to provide for its demolition and removal and will repair or remove
the building at the expense of the owner of the property, and that
all costs and expenses incurred by the Town in connection with the
proceedings to remove or secure said building, including the cost
of actually removing said building and legal expenses shall be assessed
against the land on which said building is located.
The notice shall be served on the owner or some
one of the owner's executors, legal representatives, agents, 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 some one of the owner's executors,
legal representatives, agents, lessees or any other person having
a vested or contingent interest in the same, as shown by the last
preceding completed record of the Receiver of Taxes and/or in the
office of the County Clerk or county register. If such service is
made by registered mail, a copy of such notice shall be posted on
the premises.
Such notice shall be filed in the office of
the County Clerk of the county within which such building is located
and shall have the same effect as a notice of pendency as provided
for under the laws of the State of New York. 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 a justice
of the court of record or upon consent of the Town Attorney.
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, as provided in § 64-6, the Town Board shall provide for the demolition and removal of such building either by Town employees or by contract. Except in emergency as provided in § 64-11 hereof, any contract for demolition and removal of a building shall be awarded through competitive bidding.
All expenses incurred by the Town in connection
with the proceedings to repair and secure or demolish and remove the
unsafe building, including the cost of actually removing such building
and legal expenses, shall be assessed against the land on which such
building is located and shall be levied and collected in the same
manner as provided in Article 15 of 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 is immediately repaired and secured or demolished and removed, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the repair or demolition and removal of such unsafe building, and the expenses of such repair or demolition and removal, including legal expenses, shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided by § 64-10.
The provisions of this chapter shall be in addition to, and
in furtherance of, the New York State Uniform Fire Prevention and
Building Code, including, but not limited to, §§ 107
and 108 of the Property Maintenance Code of New York State.
