[HISTORY: Adopted by the Town Board of the Town of Malta 4-7-1985 by L.L. No. 1-1985; amended in its entirety 11-3-2003 by L.L. No. 8-2003. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 89.
Flood damage prevention — See Ch. 92.
Property maintenance — See Ch. 121.
Solid waste — See Ch. 134.
Subdivision of land — See Ch. 143.
Zoning — See Ch. 167.
This chapter shall be known as the “Unsafe Buildings and Premises Law.”
Whenever the Code Enforcement Officer of the Town of Malta determines that a parcel of property or structure within the Town of Malta is in an unlawful condition which poses a threat to the health, safety and/or controlling the property or structure and, if the Town Board concurs with his determination, he shall cause the condition to be ameliorated at the expense of the person owning, occupying and/or controlling the property or structure, using the procedure set forth herein.
Among any other condition which may be objectively determined by the Code Enforcement Officer and determined by the Town Board, a parcel or property or structure may be found to pose a threat to the health, safety and/or welfare of the residents of the Town of Malta under this chapter if it is in violation of the Code of the Town of Malta and any of the following conditions exist:
A. 
A structure poses an unreasonable risk of fire, collapse, trap, the harboring vermin, is an attractive nuisance to children, vagrants and/or vandals, or contains hazardous and/or noxious substances.
B. 
A parcel of property exists in a condition which poses an unreasonable risk of fire, trap, or the harboring vermin; is an attractive nuisance to children, vagrants and/or vandals; contains loose or open garbage or debris, junk (unregistered and unsecured) vehicles or equipment; contains unvegetated areas from which dust or sand may be blown, or contains hazardous and/or noxious substances.
A. 
In the event the Code Enforcement Officer makes a determination that a parcel or parcels of property and/or structure or structures within the Town of Malta is or are in a condition which poses a threat to the health, safety and/or welfare of the residents of the Town of Malta (premises), he shall make a written or oral report of his conclusions and the facts leading to his conclusions and shall present the same to the Town Board at a regularly scheduled or special meeting thereof, at which meeting he shall be personally present.
B. 
At that meeting, the Town Board shall review his report and review his determination, asking such questions and seeking such additional information as it may deem necessary to make its determination. Should the Town Board concur with the determination contained in the Code Enforcement Officer's report, it shall be so resolved, and shall make a tentative determination of the manner in which said condition shall be ameliorated, which tentative resolution shall be included in its resolution.
C. 
The Town Board shall then set a hearing to be held in public session, and notice of the same shall be given to the person owning, occupying and/or controlling the premises who the Town Board shall seek to be charged with ameliorating the condition (respondent). Said notice shall be given by providing the respondent with a copy of the resolution by certified mail, return receipt requested, or by personal service as the same is defined in New York's Civil Practice Law and Rules, §§ 307 through 318. At that hearing, the respondent will be permitted to be represented by counsel and shall be permitted to raise any arguments or present any proof regarding the condition of the premises.
D. 
Should the Town Board find that the premises are in a condition which are in violation of the Code of the Town of Malta and pose a risk to the health, safety and/or welfare of the residents of the Town of Malta, it require the respondent to ameliorate the condition at his or her expense within a specified period of time, and specifying the manner of amelioration, said requirement be in the form of a resolution. The manner of amelioration and time within which shall take place shall be reasonable under the circumstances.
E. 
Should the condition not be ameliorated as required by the Town Board, the Town may ameliorate the condition, and charge the cost to the respondent and/or the owner (if the owner has been placed on notice as set forth above). If the charge has not been paid within 90 days of the respondent and the owner having been placed on notice of said charge in the same manner by certified mail, return receipt requested, or by personal service as the same is defined in New York's Civil Practice Law and Rules, §§ 307 through 318, the charge shall be assessed against the premises or parcel of real property on which the premises are 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.