[HISTORY: Adopted by the Town Board of the Town of LeRay 8-22-1991
by L.L. No. 2-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 86.
Unsafe buildings and structures pose a threat to life and property in
the Town of LeRay. 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 heath 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 LeRay by requiring
such unsafe buildings and structures be repaired or demolished and removed.
This law is enacted pursuant to Articles 2 and 3 of Municipal Home Rule
Law and § 130, Subdivision 16, of the Town Law and General Municipal
Law § 78-b.
This chapter shall be known as the "Unsafe Structure Law" of the Town
of LeRay.
No person, firm, corporation, association or other entity owning, possessing
or controlling a building or structure in the Town of LeRay shall permit or
suffer to allow said building or structure now or hereafter to be or become
dangerous or unsafe to the public and/or the occupants of said structure or
building from any cause whatsoever.
As used in this chapter, the following terms shall have the meanings
indicated:
Any structure having a roof supported by column or walls and intended
for the shelter or enclosure of persons, animals or property.
The Building Inspector of the Town of LeRay or such other person
appointed by the Town Board to enforce the provisions of this chapter or of
the Building and Construction Code of the Town.[1]
Anything constructed or erected, the use of which requires location
on the ground, or attachment to something located on the ground, except a
wall or fence.
The Building Inspector, when in his own opinion or upon receipt of 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 as well as to vagrants or 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, 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
persons and in the same manner provided therein.
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 or 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 of the commencement of repair or demolition, 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 or structure, which
hearing shall be scheduled not less than 10 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 or structure,
the Town Board is authorized to provide for its demolition and removal, to
assess all expenses thereof against the owner which could be accomplished
by the institution of a special proceeding to collect the costs (including
but not limited to actual legal, engineering and demolition costs incurred
by the Town) or by assessing said costs against the land and/or improvements
being taxed on the particular tax parcel on which the buildings or structures
are located; and
A.
Said notice shall be served:
(1)
By mailing by certified mail, return receipt, a copy
thereof upon the owner, executor, administrator, agent, lessee, or any person
having a vested interest or contingent interest in such unsafe building or
structure as shown by the records of the Town Tax Collector or of the County
Clerk to such address as shown by the above records. If the mailing is returned
as undeliverable, then the notice shall be published once a week for two weeks
in a newspaper of general circulation within Jefferson County;
(2)
By personal service of a copy of such notice upon any
adult person residing in or occupying such premises if such person can be
reasonably found; and
(3)
By securely affixing a copy of such notice upon the unsafe
building or structure.
A copy of the notice served as provided herein shall be filed in the
office of the Jefferson County Clerk and indexed in the same manner as Notices
of Pendency.
In the event of the refusal or neglect of the person(s) or entities
so notified to comply with said order of the Town Board after the hearing,
the Town Board shall provide for the securing or the demolition and removal
of such building or structure either by Town employees or by contract. Except
in the emergency cases as hereinafter provided, any contract for the securing
or the demolition and removal of a building or structure shall be awarded
through competitive bidding if required by state law.
A.
All costs incurred by the Town in enforcing this chapter
shall be recoverable from the owner of the premises deemed unsafe or dangerous
hereunder. Such costs hereunder shall include, but not be limited to the following:
(1)
Actual attorneys fees and disbursements for services
rendered with or without the commencement of litigation;
(2)
Actual engineering fees and disbursements, including
the costs of the Town's Building Inspector;
(3)
Actual costs of securing, demolishing, removing or repairing
the building or structure deemed dangerous or unsafe;
(4)
Costs of serving and/or publishing notices; and
(5)
Costs of title and tax searches.
B.
The costs incurred in enforcing this chapter shall be
added to the next assessment roll for Town taxes against the tax parcel(s)
which include the unsafe or dangerous building or structure involved and shall
be collected and enforced in the same manner as other taxes for that parcel(s).
C.
In addition to any other remedies herein, the Town may
commence a special proceeding under Article 4 of the Civil Practice Law and
Rules in a court of competent jurisdiction to collect the costs incurred by
the Town in enforcing this chapter. Should the Town recover and be paid said
costs through such a proceeding (and after costs have been added to the assessment
rolls), the assessment roll and tax records shall be adjusted accordingly
to properly credit amounts so paid and recovered.
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 or structure is immediately repaired and secured or demolished,
the Town Board may by resolution authorize the Building Inspector or other
Town agents to immediately cause the repair or demolition and removal of such
unsafe building or structure. The expenses of such securing, repair or demolition
and removal shall be recovered as provided herein.
The Building Inspector appointed as provided herein shall be paid compensation
as shall be fixed by the Town Board.
Any person upon whom a notice as provided in this chapter has been served
who fails, neglects or refuses to place such unsafe or dangerous building
or structure in a safe or secure condition as designated in such notice, or
who shall commit an offense against any of the provisions of this chapter
or orders given pursuant thereto, or who shall resist or obstruct the Town
or its agents in carrying out the provisions of this chapter, shall, upon
conviction, be guilty of a violation pursuant to the Penal Law of the State
of New York, punishable by a fine of $250 or by imprisonment for not more
than 15 days, or by both such fine and imprisonment. Each week in which such
offense continues shall constitute a separate violation. Any fines imposed
hereunder shall be in addition to any costs otherwise incurred by the Town
in enforcing this chapter.
