It is the finding of this Board that vacant and abandoned buildings
and structures which are not properly secured at entrances, windows
and other openings serve as attractive nuisances for children who
may and oftentimes are injured therein. Dilapidated or collapsed buildings
and structures are frequently infested with rodents, thereby creating
a significant health hazard to the community. Such buildings are,
in addition, places of congregation by vagrants, transients and other
trespassers. Also, buildings which may be approved for specific uses
and are not maintained and kept in compliance with federal, state
or local laws, rules or regulations provide significant safety and
health hazards to the public and any employees. The purpose of this
chapter is to provide for the safety, health, protection and general
welfare of persons and property within the Town of Elma by requiring
the repair, securing or removal and demolition of unsafe buildings
and collapsed structures within said Town, in accordance with the
provisions of Subdivision 16 of § 130 of the Town Law and
§ 78-b of the General Municipal Law, as now enacted or hereafter
amended.
For the purpose of this chapter, the following terms shall have
the meanings set forth in this section, unless otherwise expressly
stated:
BUILDING INSPECTOR
The Building Inspector of the Town of Elma, his assistant
or such other person as may be appointed by the Town Board to enforce
the provisions of this chapter.
UNSAFE BUILDING
Any building, structure or portion thereof which is determined
by the Building Inspector to be structurally unsound, unsanitary or
not provided with adequate ingress and egress or which constitutes
a fire hazard or which has become unsafe by reason of damage by fire,
the elements, age or general deterioration or which, in relation to
an existing use, constitutes a hazard to public health, safety or
welfare by reason of inadequate maintenance, dilapidation, obsolescence
or abandonment or for any other cause which is otherwise dangerous
or unsafe to the public or to human life.
The Town Board shall thereafter consider such report and by
resolution determine, if in its opinion the report so warrants, that
such building is potentially unsafe and dangerous and order that the
Building Inspector cause a written notice to be prepared and served
in the manner provided herein.
Upon Town Board resolution determining the existence of a potentially
unsafe building, the Building Inspector shall cause a written notice
to be prepared containing the following:
A. A description of the premises.
B. A statement of the particulars in which the building or structure
is unsafe or dangerous.
C. A date, time and place for a hearing before the Town Board in relation
to such dangerous or unsafe building, which hearing shall be scheduled
not less than five business days from the date of personal service
or mailing of the written notice.
D. A statement that an order may issue from the hearing requiring repair
or demolition, that failure to appear may result in an order of repair
or demolition and that the person served has the right to be represented
by legal counsel at the Town Board hearing.
In the event that the owner of record of the unsafe building or any other person as may have been served with notice pursuant to §
56-6 fails or refuses to comply with the order to make safe and secure or demolish and remove said unsafe building and after a hearing has been held before the Town Board as provided in §§
56-6 and
56-7, the Town Board may, by resolution duly adopted, provide for the security and repair or demolition and removal of said building either by employees of the Town or by contract.
If the Town Board finds that there presently exists a clear
and imminent danger to the life, safety or health of any person or
property unless an unsafe building or structure is immediately repaired
and secured or demolished and removed, the Town Board may, by resolution,
authorize the Building Inspector to immediately cause the securing
and/or repair or demolition and removal of such unsafe building either
by employees of the Town or by contract.
The Town shall be reimbursed for all costs and expenses, including
but not limited to attorney's fees, engineer's fees and architect's
fees, incurred by it in connection with the proceedings to make safe
and secure or demolish and remove any building or structure pursuant
to this chapter, in addition to the actual cost of securing and/or
repairing or demolishing and removing said building or structure.
Such costs and expenses may be assessed against and recovered from
the land on which the building or structure was located in the same
manner as provided in Article 15 of the Town Law for the levy and
collection of a special ad valorem levy. The Town may also institute
a civil action to recover all said costs and expenses from the owner
of the affected property.
It shall be unlawful for any person, whether or not interested
in the property affected by this chapter, to interfere with, obstruct
or hinder the Building Inspector or his representative or any person
acting on his behalf in performing his duties as set forth in this
chapter.
Any person or persons, other than those duly authorized by the Building Inspector, removing from a building or structure any notice prescribed by this chapter or committing an offense against the provisions of §
56-12 hereof are guilty of a violation punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days for each such offense, or by both such fine and imprisonment or such other fine or period of imprisonment as may be established by resolution of the Town Board from time to time.