[HISTORY: Adopted by the Town Board of the
Town of Eden 3-12-1997 by L.L. No. 4-1997. Amendments noted where
applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch.
110.
Unsafe buildings and structures pose a threat
to life and property in the Town of Eden. Buildings and structures
may become unsafe by reason of damage by fire, the elements, age,
excessive accumulation of refuse or general deterioration. Vacant
buildings not properly secured at doorways, windows and other entries
also serve as an attractive nuisance for young children who may be
injured therein, as well as a point of congregation for vagrants and
transients. A dilapidated building may also serve as a place of rodent
or vermin infestation, thereby creating a health menace to the community.
It is the purpose and intent of this chapter to provide for the safety,
health, protection and general welfare of persons and property in
the Town of Eden by requiring such unsafe buildings and structures
to be repaired or demolished and removed.
This chapter is enacted pursuant to Articles
2 and 3 of the Municipal Home Rule Law and Subdivision 16 of § 130
of the Town Law and General Municipal Law § 78-b.
This chapter shall be known as the "Unsafe Buildings
and Structures Law of the Town of Eden."
No person, firm, corporation, association or
other entity owning, possessing or controlling a building or structure
in the Town of Eden shall permit or suffer 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:
BUILDING
Any structure having a roof supported by column or walls
and intended for the shelter or enclosure of persons, animals or property.
BUILDING AND ZONING INSPECTOR
The Building and Zoning Inspector of the Town of Eden or
such other person or persons appointed by the Town Board to enforce
the provisions of this chapter or of the Uniform Fire Prevention and
Building Code, as amended.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something located on the ground.
The Building and Zoning Inspector, when in his
or her own opinion or upon receipt of information that a building
or structure is or may be dangerous or unsafe, as described below,
shall make or cause to be made an inspection thereof and report, in
writing, to the Town Board his or her findings and recommendations
in regard to the repair or demolition and removal of said building
or structure.
A building or structure, or part thereof, is
unsafe or dangerous if it is one which:
A. Is or may become dangerous or unsafe to the general
public or any inhabitants or users thereof by reason of bad conditions
of walls, overloaded floors, defective construction, deterioration
or lack of safeguards against fire or other causes;
B. Is open at the doorways, windows or other entries,
making it accessible to and an object of attraction to minors as well
as to vagrants or other trespassers;
C. Is or may become a place of rodent or vermin infestation;
D. Presents any other danger to the health, safety, morals
and general welfare of the public; or
E. Is unfit for the purposes for which it may be lawfully
used.
The Town Board shall thereafter consider said
report and, by resolution, determine if in its opinion the report
so warrants that said structure or building is unsafe or dangerous
and order its demolition and removal or repair if the same can be
safely repaired, 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
or structure 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 and removal of such
building shall commence within 20 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
by the Town Board;
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 five business days
from the date of the service of the notice;
F. A statement that in the event of neglect or refusal
to comply with said order to secure or demolish and remove the building
or structure, the Town Board is authorized to provide for the securing
of the building or structure or 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
G. That, in addition to any other remedies, the owner
could be liable for a fine of $250, imprisonment for up to 15 days,
or both, for each week that the owner remains in violation of this
chapter.
Said notice shall be served on the owner, executor,
administrator, legal representative, agent, lessee or any other person
having a vested or contingent interest in such unsafe building or
structure as shown by the records of the Receiver of Taxes of the
Town of Eden or of the County Clerk. Said notice shall be served in
one of the following manners: by personal service upon one of the
persons specified above or by registered mail addressed to the last
known address, if any, of the person to be served and by securely
affixing a copy of such notice upon the unsafe building or structure.
Service of notice shall be deemed complete upon the satisfaction of
the requirements set forth above. If service of notice is unable to
be completed in either of the manners specified above, the town may
authorize the Town Attorney to apply to a court of competent jurisdiction
for an order specifying the manner of service, and service of such
notice shall be deemed completed upon the satisfaction of service
in accordance with said order.
A copy of said notice shall be filed in the
office of the Erie County Clerk and indexed in the same manner as
a Notice of Pendency.
In the event of the refusal or failure of the
person(s) or entity(ies) so notified to comply with said order of
the Town Board after the hearing, if any, 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 emergency
cases, as certified by the Town Board, any contract for the securing
or 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 shall include, but not be limited
to, the following:
(1) Actual attorney's 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 Building and Zoning 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 tax and/or title searches.
B. The costs incurred in enforcing this chapter as levied
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 the 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.
[Amended 11-5-2010 by L.L. No. 2-2010]
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, secured or demolished and removed, the Town Board may, by
resolution, authorize the Code Enforcement Officer or other Town agents
to immediately cause the securing, repair or demolition and removal
of such unsafe building or structure. Notwithstanding the foregoing,
in an emergency situation requiring the immediate securing, repair,
or demolition and removal of an unsafe building or structure and when
it is not feasible to obtain such Town Board authorization, the Code
Enforcement Officer or any Fire Chief is authorized to immediately
cause the securing, 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 in this chapter.
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 of 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.