[HISTORY: Adopted by the Town Board of the Town of Newfane 3-9-1983 by L.L. No.
1-1983 (Ch. 9A of the 1971 Code). Amendments noted
where applicable.]
In accordance with the provisions of § 130, Subdivision
16, of the Town Law of the State of New York, the purpose of this
chapter is to authorize and provide for the removal and repair of
building and structures in the Town of Newfane that, from any cause,
may now be or shall hereafter become unsafe or dangerous to the public.
The Building Inspector and the Deputy Building Inspector of
the Town are hereby duly appointed and authorized to inspect any building
or structure situate in the Town to ascertain the condition thereof
and make a report of his finding to the Town Board.
Upon the finding of the Building Inspector, or the Deputy Building
Inspector, that a building or structure is dangerous or unsafe to
the public, a notice as set forth below shall be given to the owner
or other person having an interest in said premises as set forth in
§ 130, Subdivision 16, of the Town Law in the following
manner:
A.
Service of notice. The notice required by this chapter may be served
personally upon any person required to receive notice or it may be
served upon such person by registered mail. If service is by registered
mail, a copy of the notice shall be posted on the premises. If service
is by registered mail, it shall be addressed to the last known address,
if any, of the owner or some one of the owner's executors, legal
representatives, agents, lessees or other persons having a vested
or contingent interest in the premises as shown by the records of
the Receiver of Taxes and/or in the office of the County Clerk or
the County Register.
B.
Person to be served. Service of the notice shall be upon the owner
of the premises, or some one of the owner's executors, legal
representatives, agents, lessees or other persons having a vested
or contingent interest in the same.
C.
Notice. The notice served shall contain the following:
(1)
The address of the premises.
(2)
A description of the premises.
(3)
A statement of the particulars in which the building or structure
is unsafe or dangerous.
(4)
An order requiring the building or structure to be made safe and
secure or removed.
(5)
The date, time and place for a hearing before the Town Board.
(6)
An order directing the removal of the building or structure by the
Town in the event that such owner fails or refuses to repair or remove
the same within the time specified.
(7)
An order directing the assessment of all the costs and expenses incurred
by the Town in connection with the proceeding to remove or repair,
including the cost of actually removing said building or structure,
against the land on which said building or structure is located.
(8)
An order directing that such owner commence removal or repair within 30 days of the date of the notice and further directing that such removal or repair be completed, subject to the approval of the Building Inspector or Deputy Building Inspector, within 120 days after the date of the notice served in accordance with Subsection A above.
[Amended 2-13-1985]
(9)
In the event that said building or structure is connected to the
public sewer and/or water system, an order directing that the sewer
and/or water connection to said building or structure is to be capped
in the manner approved by the Water and Sewer Maintenance Department
of the Town and that such connection not be covered in any manner
until the cap has been inspected and approved by said Department.
A.
In the event of a finding by the Building Inspector or the Deputy Building Inspector that a building or structure found to be dangerous or unsafe to the public requires immediate remedial action in the interest of public safety and to safeguard the public, then the Building Inspector or the Deputy Building Inspector, in addition to serving the notice set forth in § 86-3 of this chapter, shall issue an emergency order directing that the minimum remedial action required to safeguard the public, as specified in said emergency order, be undertaken and completed as soon as practical under the circumstances. Said emergency order shall be served pursuant to § 86-3 of this chapter.
B.
In the event that the owner of the premises or other person upon whom service is authorized by § 86-3B hereof fails to comply with the emergency order, the Town is hereby authorized to undertake the specified remedial action as directed in the emergency order and assess the costs and expenses incurred in accordance with § 86-3C of this chapter.
A copy of such notice shall be filed in the office of the Niagara
County Clerk in the manner prescribed by § 130, Subdivision
16, of the Town Law.
