[HISTORY: Adopted by the Town Board of the Town of Wheatland 4-4-1963 (Ch. 17 of the 1980 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention - See Ch. 54.
A. 
The Building Inspector of the Town of Wheatland shall inspect all allegedly unsafe or unsanitary buildings and collapsed or dangerous structures within the Town of Wheatland, outside the Village of Scottsville, forthwith upon receiving information concerning such buildings and structures and shall make a written report of his findings to the Town Board at its next meeting.
B. 
The required report of the Building Inspector shall include recommendations to remedy such unsatisfactory situations as may exist. If said complaint concerns an unsanitary condition, the County Board of Health shall be requested to make an inspection and report to the Building Inspector for inclusion in his report.
A. 
The Town Board shall, upon receiving the required report:
(1) 
Make an inspection, accompanied by the Building Inspector, of the reported situation.
(2) 
Notify the property owner or his legal representative that a complaint concerning his property has been received and investigated, that resulting reports and recommendations will be considered at a stated regular meeting of the Town Board and that the presence of the property owner or his legal representative is requested at the stated meeting.
B. 
The Town Board shall consider the findings of the Building Inspector's report and recommendations, the Town Board's investigation and such pertinent information as may be brought forth at the stated meeting, and if it determines that the building is unsafe or unsanitary or that the structure is collapsed or dangerous, the Town Board shall cause to be entered in its minutes an order requiring such building or structure to be made safe and secure or removed.
[Amended 7-10-1980]
C. 
The Town Board, in each case, shall determine the amount of time to be allowed for making such building or structure safe or sanitary or secure or for removing it and shall allow a reasonable time therefor.
D. 
A notice, together with a certified copy of the order, shall be served on the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having vested or contingent interest in the premises, either personally or by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the premises as shown by records of the Receiver of Taxes and/or in the office of the County Clerk, containing a description of the premises and a statement of the particulars in which the building or structure is unsafe, unsanitary, collapsed or dangerous; if such notice is served by registered mail, a copy of such notice and order shall be posted on the premises.
A. 
In the event of neglect or refusal of the person served with the notice to comply with the order of the Town Board requiring such building or structure to be made safe, sanitary or secure or removed, the Town Board shall cause a survey of such premises to be made.
B. 
The Town Board shall designate an inspector and an architect to make such survey.
C. 
The Town Clerk shall notify the person served with the original notice that a survey has been directed to be made by the Town Board. Such notice of survey shall state that a survey will be made by the persons designated by the Town Board on a date specified in such notice and that said person may nominate a builder, engineer or architect to assist in the making of such survey. Such notice of survey shall be served by registered mail.
(1) 
If said person shall appoint a surveyor, the three so named shall make the survey and submit a written report to the Town Board.
(2) 
The compensation of each surveyor shall be fixed by the Town Board.
(3) 
The surveyor nominated by said person shall be compensated by said person or as provided under § 58-4.
D. 
In the event of refusal or neglect of the person so notified to appoint such surveyor, the inspector and architect designated by the Town Board shall make the survey and report.
E. 
Such notice of survey shall state that in the event that the building or structure shall be collapsed or dangerous, an application will be made at a special term of the Supreme Court in the Judicial District in which the property is located for an order determining the building or structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.
F. 
A certified copy of the report of survey shall be served by registered mail upon the person originally notified and a similar copy shall be posted on the building or structure.
All costs and expenses incurred by the Town Board in connection with proceedings to remove or secure an unsafe or unsanitary building or collapsed or dangerous structure, including the cost of actually removing said building or structure, shall be assessed against the land on which said building or structure is located.
[Added 2-1-2007 by L.L. No. 1-2007]
In addition to assessment of costs provided for in § 58-4, any person, firm or corporation committing an offense against any provision of this chapter shall be punishable as provided by the provisions of Chapter 1, General Provisions, Article I, General Penalty, of the Code of the Town of Wheatland.