[HISTORY: Adopted by the Town Board of the Town of Wilson 4-24-1978
by L.L. No. 3-1978. Amendments noted where applicable.]
Unsafe buildings pose a threat to life and property in the Town of Wilson.
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 a 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 Wilson by requiring such unsafe
buildings to be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings Law of the Town
of Wilson."
As used in this chapter, the following terms shall have the meanings
indicated:
Any building, structure or portion thereof used or intended for a
residential, business or industrial purpose, including but not limited to
water wells and swimming pools.
The Building Inspector or Zoning Officer of the Town of Wilson or
such other person appointed by the Town Board to enforce the provisions of
this chapter.
A public nuisance as known at common law or in equity jurisprudence.
Whatever is dangerous to human life or detrimental to health and whatever
building is overcrowded with occupants or is not provided with adequate ingress
and egress or is not sufficiently supported, ventilated, sewered, drained,
cleaned or lighted in reference to its intended or actual use and whatever
renders the air or human food or drink unwholesome are also severally, in
contemplation of this law, "nuisances." All such "nuisances" are unlawful.
When in the opinion of the Building Inspector or Zoning Officer or when
he receives information that a building or structure 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
or 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; is unfit for the purposes for which it may lawfully be used;
or is a nuisance, the Building Inspector or Zoning Officer shall cause or
make an inspection thereof and report in writing to the Town Board his findings
and recommendations regarding its repair or demolition and removal.
The Town Board shall thereafter consider such report and, by resolution,
shall 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 in the manner provided herein.
The notice shall contain the following:
A.
A brief description of the premises.
B.
A statement of the particulars in which the building
or structure is unsafe or dangerous.
C.
An order outlining the manner in which the building or
structure is to be made safe and secure or demolished and removed.
D.
A statement that the securing or removal of the building
or structure shall commence within 30 days of the service of the notice and
shall be completed within 60 days thereafter, unless for good cause such time
shall be extended.
E.
A statement that in the event of neglect or refusal of
the person served with the notice to comply with the same, one of two options
might be followed:
(1)
An application might be made at a term of the Supreme
Court of the Eighth Judicial District in and for the County of Niagara for
an order determining the building or structure to be a public nuisance and
directing that it shall be repaired and secured or demolished and removed
and that the expense of the proceeding to secure or remove the building, including
the actual cost of securing or removing such building or structure, shall
be assessed against the land on which it is located; or
(2)
The Town Board may make a certified order that a building
or structure is in an unsafe and dangerous condition and that the person served
with the notice has neglected or refused to comply with the same. Said certified
order of the Town Board shall be made only after a notice of hearing has been
served on the person and a mandatory hearing has been held. If the Town Board
makes such a certified order, it shall order or cause such building or structure
to be removed, secured, purified, altered, demolished, repaired or otherwise
improved and the cost and expenses of such action to be assessed against the
land on which it is located.
Said notice and notice of hearing 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 or structure as shown by the records of the Receiver
of Taxes (or Tax Collector) or of the County Clerk of Niagara County; or if
no such person can be reasonably found, by mailing to such owner by registered
mail a copy of such notice directed to his last known address as shown by
the above records; and
B.
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.
Securely affixing a copy of such notice upon the unsafe
building or structure.
In the event that the building or structure shall be determined to be unsafe or dangerous in the report of the Building Inspector or Zoning Officer and by the resolution of the Town Board and there is a neglect or refusal to comply with the provisions of the notice given under § 54-6, the Town Board may, by resolution, direct the Supervisor of the Town to make an application at a term of the Supreme Court in the Eighth Judicial District for an order determining the building to be a public nuisance and directing that it shall be repaired and secured or demolished and removed.
As an alternative to the remedy provided by § 54-8, the Town Board may make a certified order that a building or structure is unsafe or dangerous. Such an order may be made only after giving notice of hearing in the manner specified by § 54-7 at least 14 days prior to the date set for the hearing. At such hearing, the person given notice shall have the opportunity to be heard and may be represented by an attorney. If, as a result of said hearing, the Town Board determines on the basis of substantial evidence that the building or structure is unsafe or dangerous and that the person served with the notice has neglected or refused to comply with the same, the Town Board shall make a certified order. Such certified order shall order or cause the building or structure to be removed, secured, purified, altered, demolished, repaired or otherwise improved, and the costs and expenses of such action incurred by the Town shall be assessed against the land on which such building or structure is located in the manner provided by § 54-10 of this chapter.
All expenses incurred by the Town in connection with the proceedings
to repair and secure or demolish and remove the unsafe building, including
the cost of actually removing such building, shall 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.
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 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 § 54-10 hereof.
