[HISTORY: Adopted by the Town Board of the Town of Lysander 9-21-1987 by L.L. No. 2-1987 (Ch. 127 of the 1989 Code). Amendments noted where applicable.]
Unsafe buildings pose a threat to life, health and property
in the Town of Lysander. 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, windows and other
openings also serve as an invitation to trespass and possible injury
to children and other trespassers. 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 chapter to provide
for the health, safety, protection and general welfare of persons
and property in the Town of Lysander by requiring that unsafe buildings
be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings Law" of
the Town of Lysander."
As used in this chapter, the following terms shall have the
meanings indicated, unless the context otherwise requires:
Any structure or portion thereof located in residential,
commercial, business or industrial areas of the Town of Lysander.
The Codes Enforcement Officer (also known as the "Zoning
Administrative Officer") of the Town of Lysander or such other person
appointed by the Town Board to enforce the provisions of this chapter.
When, in his or her own 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, windows or other openings making
it accessible to children 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 Building Inspector shall cause
to be made or shall make an inspection thereof and shall report in
writing to the Town Board his or her findings and recommendations
in regard to the repair or demolition and removal of such building.
The Town Board shall thereafter consider such report and by
resolution determine, if in its opinion the report so 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 shall
further order that a notice in writing be served upon the persons
and in the manner provided herein.
The notice to be served in accordance with § 114-5 above shall contain the following information:
A.
A description of the premises.
B.
A statement particularizing the manner in which the building in unsafe
or dangerous.
C.
An order outlining the manner in which the building is to be made
safe and secure or demolished and removed.
D.
A statement that the securing or removal of such building shall commence
within 15 days of the service of the notice and shall be completed
within 30 days thereafter, unless for good cause shown such time shall
be extended by resolution of the Town Board.
E.
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 service of the notice.
F.
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 demolition and removal, to
assess all expenses thereof against the land upon which it is located
and to institute a special proceeding to collect the costs of demolition
and removal, including legal expenses, from the owner of the building.
Said 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 unsafe building as shown by the records of the Receiver of
Taxes (or Assessor) or of the Onondaga County Clerk or, if no such
person can be reasonably found, by mailing to such owner by registered
mail, return receipt requested, a copy of such notice directed to
the last known address of the owner as shown by the above records;
B.
Personal service of a copy of such notice upon any adult residing
in or occupying said premises if such person can be reasonably found;
C.
Securely affixing a copy of such notice upon the unsafe building;
and
A copy of the notice served as provided herein shall be filed
in the office of the Clerk of the County of Onondaga as a one-year
notice of pendency.
At the hearing conducted pursuant to the notice served, the Building Inspector and the owner or any other person having a vested or contingent interest in the building shall have an opportunity to be heard and present evidence. Following the hearing, the Town Board shall make a finding confirming, modifying or rescinding its order for the repair or demolition and removal of the building. Any person appearing at the hearing in opposition to the Town Board order made pursuant to § 114-5 above shall provide the Town Board, in writing, with a mailing address. In the event that the Town Board makes a resolution confirming or modifying the order made pursuant to § 114-5 above, a copy of said resolution shall immediately be forwarded by ordinary mail to such person or persons at the address or addresses so provided.
In the event of the refusal or neglect of any person notified to comply with the order of the Town Board, as confirmed or modified after the hearing, the Town Board shall provide for the demolition and removal of the building either by Town employees or by contract. Except in an emergency as provided in § 114-12 hereof, any contract for demolition and removal in excess of $7,000 shall be awarded through competitive bidding pursuant to the provisions of the General Municipal Law.
The owner of the building shall be liable to the Town for all
expenses incurred by the Town in connection with the proceedings to
repair and secure or demolish and remove the unsafe building, including
but not limited to legal expense and the costs of actually demolishing
and removing such building. To the extent not collected from said
owner, such expenses shall be assessed against the land upon 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 a special ad valorem levy.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished and removed, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair and securing or demolition and removal of such unsafe building. The expenses of such repair and demolition shall be a charge against the land upon which it is located and shall be assessed, levied and collected as provided in § 114-11.
