[HISTORY: Adopted by the Town Board of the Town of Greece 4-21-1981 by L.L. No. 2-1981. Amendments noted where applicable.]
Unsafe buildings pose a threat to life and property in the Town of Greece. Buildings 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 Greece by requiring such unsafe buildings to be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings and Collapsed Structures Law of the Town of Greece."
As used in this chapter, the following terms shall have the meanings indicated:
- Any building or structure, or portion thereof, used for residential, business and industrial purposes.
- BUILDING INSPECTOR
- The Building Inspector of the Town of Greece or such other person(s) appointed by the Town Board to enforce the provisions of this chapter.
The Building Inspector shall inspect and report to the Town Board any building located within a business, industrial or residential district in the Town of Greece which, for any cause, may now be or hereafter shall become dangerous to the public, and shall recommend the repair or removal of said building.
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 or removal; and further order that a notice be served in the manner as hereinafter provided; and further order the time within which the person served with such notice may commence the securing or removal of such building.
The notice shall contain the following:
A description of the premises.
A statement of the particulars in which the building is unsafe or dangerous.
An order requiring that the building be made safe and secure or demolished and removed by a certain time and date, which date shall be not less than 15 days from the date of service, except in emergency cases as described in § 75-11 hereof or unless the Building Inspector, in his or her sole discretion, shall grant a five-day extension necessary for the health, safety and welfare of the people of the Town.
A statement containing a date, time and place for a hearing before the Town Board, which hearing date is to be scheduled not less than five business days from the date of service of the notice.
A statement that, if the unsafe or dangerous building is not removed or repaired as specified, the Town Board is authorized to provide for its demolition and removal and will repair or remove the building at the expense of the owner of the property, and that all costs and expenses incurred by the Town in connection with the proceedings to remove or secure said building, including the cost of actually removing said building and legal expenses, shall be assessed against the land on which said building is located.
The notice shall be served on the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the same, 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 any other person having a vested or contingent interest in the same, as shown by the last preceding completed record of the Receiver of Taxes and/or in the office of the County Clerk or county register. If such service is made by registered mail, a copy of such notice shall be posted on the premises.
Such notice shall be filed in the office of the County Clerk of the county within which such building is located and shall have the same effect as a notice of pendency as provided for under the laws of the State of New York. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or a justice of the court of record or upon consent of the Town Attorney.
[Amended 3-17-1992 by L.L. No. 1-1992]
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, as provided in § 75-6D, the Town Board shall provide for the demolition and removal of such building either by Town employees or by contract. Except in emergency as provided in § 75-11 hereof, any contract for demolition and removal of a building in excess of $7,000 shall be awarded through competitive bidding.
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 and legal expenses, 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 and removed, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition and removal of such unsafe building, and the expenses of such repair or demolition and removal, including legal expenses, shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided by § 75-10.
[Added 3-17-1992 by L.L. No. 1-1992]
Offenses against this chapter shall be punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.