[HISTORY: Adopted by the Town Board of the Town of Horseheads 7-11-2012 by L.L. No.
1-2012. Amendments noted where applicable.]
All buildings or structures, or any part or parts thereof, or
any excavations made below the surface of the ground 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 secured and repaired, or demolished and removed
in accordance with the terms of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Shall include all buildings, structures or any part or parts
thereof, or intended for supporting or sheltering any use or occupancy,
and any excavations made below the surface of the ground.
When in his or her opinion or upon receipt of information that
a building is or may become dangerous or unsafe to the general public;
is open at the doorways and windows making it accessible to and an
object of attraction to minors, vagrants or other trespassers; is
or may become a place of rodent infestation; presents any other danger
to the health, safety and general welfare of the public; or is unfit
for the purposes for which it may lawfully be used, the Code Enforcement
Officer shall cause to be made or shall make an inspection thereof
and report in writing to the Town Board his or her findings and recommendations
in regard to its repair or demolition and removal.
The Town Board shall thereafter consider such report and by
resolution determine, if in its opinion the report warrants, that
such building is unsafe and dangerous and order its repair if the
same can be safely repaired or its demolition and removal, and further
order that a notice be served upon the owner.
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 the same to be made safe and secure or be demolished
or removed;
D.
A statement that the repairing, or demolition and removal, of such
building shall commence within 30 days from the service of the notice
and shall be completed within 60 days thereafter, unless for good
cause shown such time shall be extended;
E.
The date, time and place of the hearing to be held before the Town
Board, at which hearing the owner or occupant shall have the right
to contest the order and findings of the Town Board;
F.
A statement that in the event, the 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 Board may order the repair
or demolition and removal of such building by the Town, and will assess
costs and expenses incurred in such repair or demolition and removal
against the land on which said building is located.
The notice shall be served by:
A.
Personal service of a copy thereof upon the owner, executor, administrator,
agent, lessee, or any person having a vested or contingent interest
in such building as shown by the records of the receiver of taxes
or County Clerk's office; or, if no such person can be found,
by mailing such owner by registered or certified mail a copy of the
notice directed to the last known address as shown on the tax rolls
of the Town;
B.
Personal service upon any person of suitable age and discretion residing
in or occupying said premises, if such person can be reasonably found;
and
C.
Affixing a copy of such notice upon the building.
A copy of said notice shall be filed in the Chemung County Clerk's
Office, which notice shall be filed in the same manner as a notice
of pendency pursuant to Article 65 of the Civil Practice Law and Rules
(CPLR) 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 the date of filing. The notice may be vacated upon order
of a Judge or Justice of a court of record, or upon the written consent
of the Supervisor or Town Attorney of the Town of Horseheads.
The Town Board shall conduct the hearing on the date and at
the time and place specified in the notice to repair or demolish and
remove. It 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 Board shall determine by resolution to affirm
its original determination, modify the specifications of its original
determination or vacate the original notice.
In the event of the refusal or neglect of a person so notified to comply with said order of the Town Board and after a hearing, the Town Board shall provide for the demolition and removal of such building either by Town employees or by contract. Except in emergency, any contract for demolition or removal of a building shall be awarded pursuant to Town Code Chapter 44, Procurement Policy, for the Town.
A.
The Code Enforcement Officer shall order any owner of any building
that is abandoned, dilapidated, deteriorated, decayed or unattractive
from any cause, so as to endanger the health, safety or welfare of
the public to immediately board up the entranceway and windows of
such building; and if such owner shall fail to comply within 10 calendar
days from the date of the order, the Code Enforcement Officer may
cause such building to be boarded up and assess board-up costs against
the premises.
B.
Whenever an owner, either voluntarily or pursuant to an order issued
by the Code Enforcement Officer, boards up an entranceway or windows,
or both, of a building or structure, the owner shall use or caused
to be used a single board for window frames and door frames measuring
less than or equal to four feet wide by eight feet long; and the exterior
side of the board shall be painted the same color as the exterior
siding adjacent to the window or door frame; and the board shall not
extend beyond the exterior frame of the window or door. For a window
or door frame greater in size than four feet by eight feet, the owner
shall use or cause to be used the minimum number of four-foot by eight-foot
boards necessary to cover the opening; and the exterior side of said
boards shall be painted the same color as the exterior siding adjacent
to the window or door frame; and the boards shall not extend beyond
the exterior frame of the window or door. In the event the owner shall
fail to comply with the provisions set forth in this subsection, the
Code Enforcement Officer shall cause such building to be boarded up
or shall reboard the window or door in the manner herein designated,
paint the board up in the color white or gray, and assess the board
up or reboard up costs against the premises.
Where it reasonably appears, in the opinion of the Code Enforcement Officer or his or her representative, there is present a clear and imminent danger to the life, safety or health of any person or property unless the building is immediately repaired and secured or demolished and removed, the Code Enforcement Officer may cause the building to be secured and repaired or demolished and removed. For this purpose he or she may at once enter such building or land on which it stands or abutting land or building, with such assistance and at such cost as may be necessary. No contract shall be required as provided in this chapter. He or she may vacate adjacent buildings and protect the public by appropriate barricades or such other means as may be necessary and, for this purpose, may close a public or private way. In case of such an emergency, the Code Enforcement Officer or his or her representative shall file a notice as provided under § 86-7 of this chapter.
The Supervisor is authorized, upon the passage of a resolution
by the Town Board, to file with the state superintendent of insurance
a notice of intention to claim against the proceeds of any fire insurance
policy upon real property (except one- and two-family residential
structures) located within the Town, upon which there are liens for
special ad valorem levies, taxes, special assessments and municipal
charges and which have remained undischarged for a period of one or
more years. The proceeds against which a claim has been filed shall
be released or returned to the insured, provided that the insured
agrees in writing with the Town, upon such terms and conditions to
guarantee performance of the agreement as the Town Attorney may deem
reasonable and necessary, to restore property damaged by fire to at
least the same condition that it was in prior to the time that the
city's lien arose. The powers granted by this section shall be
in addition to, and not in substitution for, all powers, rights, privileges
and authority now existing in the Town or hereafter conferred upon
it by any provision of law.
The Code Enforcement Officer or his or her representative shall keep in his or her office a record of all buildings not in compliance with § 86-10A, with additional information showing the action taken by him, from time to time, relative to each property and by not later than April 1 of each year report to the Council all premises upon which work has been performed by the city, the name of the owner, the expense incurred in the repair, demolition or removal that is unpaid, whereupon the council shall order the assessment against such premises for the several sums so reported.
All costs and expenses incurred by the Town in securing and
repairing or demolishing and removing the building shall be paid by
Town upon certification and direction of the Town Board. All costs
and expenses incurred by the Town in connection with the proceedings
to secure and repair or demolish and remove the building, including
the cost of actually removing the building, and all reasonable and
necessary legal expenses incidental thereto, shall, at the option
of the Town Board, either be:
A.
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 special ad valorem
tax; or
B.
Collected by commencement of a special proceeding against the owner
of said building pursuant to General Municipal Law § 78-b.
