Unsafe buildings pose a threat to life and property in the Town.
Buildings and structures 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 suffer injury therein, as well
as points of congregation by persons not having a legal or lawful
claim of occupancy. 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 article to provide for the safety, health,
protection and general welfare of the persons and property in the
Town by requiring such unsafe buildings to be repaired or demolished
and removed.
When a Code Enforcement Officer has reason to believe 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 under 18 years of age, as well as to
persons not having a legal or lawful claim of occupancy; is or may
become a place of rodent infestation; presents any other danger to
the health, safety, morals and general welfare of the public; or is
unfit for the purposes for which it may lawfully be used, the Code
Enforcement Office shall cause or make an inspection thereof and report,
in writing, to the Town Board findings and recommendations in regard
to its repair or demolition and removal.
A.
The Town Board shall consider such report and, if in its opinion
the report so warrants, set a date for a public hearing on at least
10 days' notice to determine whether or not such building can
be safely repaired or should be demolished and removed.
B.
The notice of hearing shall be published once in the official Town
newspaper, a copy shall be affixed to the building in question and
a copy shall be either personally served on the owner or sent to the
owner by regular mail.
C.
At the public hearing all interested parties shall be heard on the
question of repair or demolition and removal of the building.
D.
Town Board shall thereafter make an order either denying any action
in regard to the building; ordering its repair, if the same is feasible;
or ordering its demolition and removal.
E.
If the Town Board order requires repair or demolition and removal,
it shall also contain the following:
(1)
The street address of the building.
(2)
A statement of the particulars in which the building is unsafe or
dangerous.
(3)
An order outlining the manner in which the building is to be made
safe and secure or demolished and removed.
(4)
A statement that the securing or removal of such building shall commence
within 20 days of the service of the order and shall be completed
within 45 days thereafter, unless for good cause shown such time shall
be extended.
(5)
A statement that in the event of neglect or refusal to comply with
the order to secure or demolish and remove the building, the Town
Board is authorized to provide for its securing or demolition and
removal, to assess all expenses thereof against the land on which
it is located and to institute a special proceeding to collect the
costs of demolition, including legal expenses.
(6)
The Town Board order shall be served on the owner, either personally
or sent to the owner by regular mail, and affixed to the building.
Such Town Board order will be deemed received upon personal delivery
or three days in Monroe County or five days outside Monroe County
after service by first-class mail.
In the event of the refusal or neglect of the owner to comply
with said Town Board order, the Town Board shall provide for the repair
or demolition and removal of such building or structure either by
Town employees or by contract.
A.
In a case where the Town has made repairs or demolished and removed
such building, as a result of the failure of the owner to do so, the
owner shall pay to the Town the costs thereof, within 20 days of service
of a demand for payment issued by the Code Enforcement Office. Such
demand for payment shall be served on the owner personally or by first-class
mail and will be deemed received upon personal delivery or three days
in Monroe County or five days outside Monroe County after service
by first-class mail.
B.
Upon the failure of the owner to pay the above costs, the costs shall
be deemed to be a civil penalty against the owner, personally. Such
costs, if unpaid, shall also be assessed against the property on which
such building is located and shall be levied and collected in the
same manner as provided in Article 15 of New York State Town Law for
the levy and collection of a special ad valorem levy. The civil penalties
provided by this subsection shall be recoverable in an action instituted
in the name of the Town. The provisions of this section with respect
to costs shall be in addition to any penalty imposed for violation
of or noncompliance with any provision of this chapter.
