Town of Orchard Park, NY Chapter 61 Excavations

[HISTORY: Adopted by the Town Board of the Town of Orchard Park 4-17-1991.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance was originally adopted as Ch. 48, but was redesignated as Ch. 61 in order to maintain the alphabetical sequence of the Code.

§ 61-1 Declaration of nuisance.

Any excavated lands and property located within the town which may now be or which may hereafter become dangerous or unsafe to the public is hereby declared a nuisance.

§ 61-2 Inspection of excavated lands; report.

Any excavated lands and/or property alleged to be dangerous or unsafe to the public shall be inspected by the Building Inspector, and the report of such Inspector shall be filed with the Town Board.

§ 61-3 Service of notice.

The Town Board may cause a notice to be served on the owner of dangerous or unsafe excavated lands or on 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 certified mail, addressed to the last known address, if any, of the owner or of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same as shown by records of the receiver of taxes and/or in the office of the County Clerk. If such service is made by certified mail, a copy of such notice shall also be posted on the premises.

§ 61-4 Contents of notice.

The notice provided for in § 61-3 shall contain a description of the premises, the time and place for a hearing date before the Town Board and an order requiring the excavated lands be filled in and a statement that any costs incurred by the town shall be assessed against such lands.

§ 61-5 Time period to fill in excavation.

The Town Board shall provide, in the notice provided for in §§ 61-3 and 61-4 for a period of 30 days within which the person so served with such notice shall fill in the excavated land or property.

§ 61-6 Hearing.

There shall be a hearing before the Town Board, notice of which and the time and place thereof to be specified in the notice to fill in, to determine whether such excavated lands or property in fact constitute a hazard to public safety nuisance.

§ 61-7 Failure to fill in excavation.

The Town Board shall provide for the filling in of such excavated lands or property by the town in the event that such owner fails or refuses to fill in the same within the time provided.

§ 61-8 Assessment of costs.

The Town Board may assess all the costs and expenses incurred by the town in connection with the proceedings to fill in dangerous or unsafe excavated lands, including the costs of actually filling in said excavated lands, against said lands.

§ 61-9 Certification of assessment; uncollected assessments.

Upon completion of any assessment by the Town Board, stating therein the name of each owner and the amount so assessed, the Town Supervisor shall certify such assessment and shall cause the amount stated therein to be levied against such property and any uncollected assessment shall be a lien upon the land affected.

§ 61-10 Levy and collection of assessment.

Any such assessment shall be levied and collected at the same time and in the same manner as other town taxes.