[HISTORY: Adopted by the Town Board of the Town of Somerset 6-11-1985. Amendments
noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 142.
The purpose of this chapter is to provide for the removal or
repair of buildings in the Town of Somerset that from any cause may
now be or shall hereinafter become dangerous or unsafe to the public.
[Added 9-10-1996 by L.L. No. 2-1996]
As used in this chapter, the following terms shall have the
meanings indicated:
A structure wholly or partly enclosed within exterior walls
or within exterior or party walls and a roof, affording shelter to
persons, animals or property.
A building or structure which is structurally unsound, unsanitary
or not provided with adequate ingress or egress or which constitutes
a fire hazard or which has become unsafe by reason of damage by fire,
the elements, age or general deterioration or which, in relation to
an existing use, constitutes a hazard to public health, safety or
welfare by reason of inadequate maintenance, dilapidation, obsolescence
or abandonment or which is otherwise dangerous to human life.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
A.
Any complaint of an unsafe building or collapsed structure shall
be inspected and reported upon by the Town of Somerset Code Enforcement
Officer.
B.
Upon the Code Enforcement Officer's determination that the building
is unsafe or in a collapsed condition, notice of the same shall be
served upon the owner of said building or structure or on the owner's
executor, legal representatives, agents, lessees or any other person
having a vested or contingent interest in the same, either personally
or by certified mail, addressed to the last known address, if any,
of the owner, or on the owner's executors, legal representatives,
agents, lessees or other persons having a vested or contingent interest
in the same, as shown by the records of the receiver of taxes and/or
in the office of the County Clerk or County Registrar, containing
a description of the premises, a statement of the particulars in which
the building or structure is unsafe or dangerous and an order requiring
the same to be made safe and secure or removed. If said service shall
be made by certified mail, a copy of such notice shall be posted on
the premises.
A.
The owner or the owner's executors, legal representatives, agents,
lessees or any other person having a vested or contingent interest
in said property shall commence the satisfactory repair or removal
of the building or structure within 10 days after service of the notice
and complete the same within 20 days after service.
B.
If the owner refuses or neglects to repair or remove said structure within the time prescribed by Subsection A, the Code Enforcement Officer shall file a copy of the notice served on the owner or his representative in the office of the County Clerk of Niagara County, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this subsection. The 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 Justice of a court of record or upon the consent of the Town Attorney. The Clerk of Niagara County shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
A.
In the event that the owner or his representative shall not complete the required work within the time provided in § 78-4A, the Town Board shall call a hearing upon notice of the time and place, the purpose of which is to require repair or demolition of the building or structure. Said notice shall be served upon the owner and such persons having an interest in the property or structure as determined by the Code Enforcement Officer of the Town. The service shall be as provided in § 78-3 herein.
B.
After said hearing, the Town Board may order removal of the building
or structure by the Town in the event that the owner fails or refuses
to repair or remove the same within a time period provided by the
Town Board.
C.
The Town Board shall assess all costs and expenses incurred by the
Town in connection with the proceedings, including legal fees, to
remove or secure the building or structure; which shall include the
cost of actually removing said building or structure; and said assessment
shall be against the land on which the building or structure is located
and shall be assessed on the next Assessor roll to be filed by the
Town Assessor.
[Added 9-10-1996 by L.L. No. 2-1996; amended 1-14-1997 by L.L. No.
1-1997]
Any person who violates the provisions of this chapter, removes
notices without authorization or interferes with Town officials in
the enforcement of this chapter shall be liable to a penalty of not
more than $250 per day.
