The chief of any fire department providing fire-fighting
services for a property within the Town shall promptly notify the
Code Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
[Amended 8-11-2008 by L.L. No. 5-2008]
A. Whenever the Code Enforcement Officer finds a building
or structure, as defined in § 215-4C, or any part thereof,
to be an imminent danger to the life and safety of the public in accordance
with the provisions of the New York State Fire Code, the Code Enforcement
Officer may cause it to be secured or demolished and removed or may
cause work to be done in and about the building or structure as may
be necessary to remove the danger.
B. All costs and expenses incurred by the Town of Tonawanda
in connection with any work done to remove the danger, or in connection
with the demolition and removal of any such building or structure,
shall be assessed against the land on which such building or structure
is located, and a bill for such expenses shall be presented to the
owner of the property, or if the owner(s) cannot be ascertained, then
such bill shall be posted in a conspicuous place on the premises.
Such assessment shall be and constitute a lien upon such land. If
the owner(s) shall fail to pay for such expenses within 10 days after
the bill is presented or posted, a legal action may be brought to
correct such assessment or to foreclose such lien. As an alternative
to the maintenance of any such action, the Code Enforcement Officer
may file a certificate of the actual expenses incurred as aforesaid,
together with a statement identifying the property in connection with
which the expenses were incurred, and the owner(s) thereof, with the
Assessor, who shall in the preparation of the next assessment roll,
assess such amount upon such property. Such amount shall be included
in the levy against such property, shall constitute a lien and shall
be collected and enforced in the same manner, by the same proceedings,
at the same time and under the same penalties as is provided by law
for the collection and enforcement of real property taxes in the Town
of Tonawanda.
C. Unsafe buildings or structures in the Town of Tonawanda which do not present an imminent danger to the life and safety of the public under the provisions of the New York State Fire Code as determined by the Code Enforcement Officer shall be identified and addressed in accordance with Chapter
58 of the Code of the Town of Tonawanda, as amended from time to time.