[HISTORY: Adopted by the Town Board of the Town of Maine 7-11-2006
by L.L. No. 5-2006. Amendments noted where applicable.]
Unsafe buildings pose a threat to life and property in the Town of Maine.
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 be injured therein, as well as point of congregation by vagrants and
transients. 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 safety, health protection and general welfare of persons
and property in the Town of Maine by requiring that such unsafe buildings
be repaired or demolished and removed. This chapter is being adopted pursuant
to the authority contained in Subdivision 16 of § 130 of the Town
Law and other applicable provisions of law.
This chapter shall be known as "Unsafe Buildings Law of the Town of
Maine."
As used in this chapter, the following terms shall have the meanings
indicated:
Any building, structure or portion thereof used for residential,
business or industrial purpose.
The Building and Code Inspector of the Town of Maine or such other
person appointed by the Town Board to enforce the provisions of this chapter.
The Town Board of the Town of Maine.
When, in his 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
and windows making it accessible to and an object of attraction to minors
under 18 years of age, as well as to vagrants and other trespassers; 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 Building and Code Inspector
shall cause or make an inspection thereof and report in writing to the Town
Board his findings and recommendations in regard to its repair or demolition
and removal.
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 further order that a notice be served upon
the persons and in the manner provided herein.
The notice shall contain the following:
A.
A description of the premises;
B.
A statement of the particulars in which the building
is 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 30 days of the service of the notice and shall be completed
within 60 days thereafter, unless for good cause shown such time shall be
extended;
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; and
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 on which it is located and to institute
a special proceeding to collect the costs of demolition, including legal expenses.
The said notice shall be served:
A.
By personal service of a copy thereof upon the owner
or some one of the owner's executors, administrator, legal representatives,
agents, lessees or any person having a vested or contingent interest in such
unsafe building as shown by the records of the Tax Collector of the Town of
Maine or the Broome County Clerk; or if no such person can be reasonably found,
by mailing such owner by registered mail a copy of such notice directed to
his last known address as shown by the above records;
B.
By personal service of a copy of such notice upon any
adult person residing in or occupying said premises if such person can be
reasonably found; and
C.
By securely affixing a copy of such notice upon the unsafe
building.
A copy of the notice served as provided herein shall be filed in the
office of the Broome County Clerk.
The Town Board shall conduct a hearing on the matter, notice of which and the time and place thereof to be specified in the notice to repair or demolish; and such notice shall be served upon the owner and such persons having an interest in the property or structure in the manner set forth in § 225-7 hereof. In the event that the Town Board shall find it necessary to spend Town funds in order to repair such building or structure, the Town Board shall specify exactly what repairs are to be made to the building or structure and shall establish a maximum amount to be spent for such repairs, and in no event shall any officer or employee of the Town spend (or authorize the expenditure of) any amount in excess of the established maximum amount for any such authorized repairs.
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the demolition and removal of such building or structure either by Town of Maine employees or by contract. Except in emergency as provided in § 225-12 hereof, any contract for demolition and removal of a building in excess of $10,000 shall be awarded through competitive bidding to the lowest responsible bidder.
All costs and expenses incurred by the Town of Maine in connection with
the proceedings to repair and secure or demolish and remove the unsafe building,
including the cost and expense of actually removing such building, and all
reasonable and necessary legal expenses incidental thereto, shall, at the
option of the Town Board of the Town of Maine, either:
A.
Be assessed against the land on 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; or
B.
Be collected by commencement of a special proceeding
(in accordance with the provisions of § 78-b of the General Municipal
Law) in a court of competent jurisdiction to collect the costs of demolition,
including reasonable and necessary legal expenses incidental to obtaining
an order to demolish, from the owner of any building or structure that is,
or has become, dangerous and unsafe to the public.
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, the Town Board may by resolution authorize the Building and Code Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 225-11 hereof.
