[HISTORY: Adopted by the Town Board of the Town of Tonawanda 7-11-1977 by L.L. No. 4-1977. Amendments noted where applicable.]
[Amended 10-20-1980 by L.L. No. 7-1980; 3-26-2007 by L.L. No. 2-2007; 8-11-2008 by L.L. No. 4-2008]
The Code Enforcement Officer shall examine or cause to be examined every building or structure, as defined in § 215-4C, reported as dangerous or unsafe and shall make a written record of such examination to be filed with the Town Board.
A notice shall be served on the owner or the owner's executor(s), legal representative(s), agent(s), lessee(s) or any other person, firm or corporation having a vested or contingent interest in the building or structure, either personally or by registered mail, addressed to the last known address of such person, firm or corporation as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk or County Register, 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 same to be made safe and secure or removed. If such service is made by registered mail, a copy of such notice shall be posted on the premises.
Such notice shall provide that the person, firm or corporation served with a copy thereof shall commence and complete the repairing or removal of said building or structure within such reasonable time as may be provided by the Code Enforcement Officer, having regard to the extent of the work required and the danger which exists, which time shall be specified in such notice. Any such repair or removal shall be made in accordance with all applicable laws, ordinances, rules and regulations then in effect. Such notice shall set forth the procedure to be followed in the event that the owner fails to take the action prescribed by the notice in the time provided.
Such notice shall specify the time and place of a public hearing before the Town Board on the matters at issue in the notice.
A copy of such notice shall be filed in the office of the County Clerk of Erie 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 of the State of New York and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this subsection. 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 Justice of a court of record or upon the consent of the Town Attorney. The Erie County Clerk 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.
[Amended 10-20-1980 by L.L. No. 7-1980; 8-11-2008 by L.L. No. 4-2008]
The Town Board shall conduct a public hearing at the time and place specified in the notice prescribed under § 58-1 of this chapter at which the owner and persons having an interest in the property, building, or structure in question may respond to the matters at issue in the notice.
In the event of the failure of the person, firm or corporation served with a notice and afforded a public hearing pursuant to this chapter to repair or remove the building or structure in question in accordance with the provisions of the notice, the Town of Tonawanda may repair or remove said building or structure and either:
Pursuant to § 130, Subdivision 16, of the Town Law, assess all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, against the property on which said buildings or structures are located after notice of the amount of such assessment has been given to the person, firm or corporation described in § 58-1B of this chapter; or
Pursuant to § 78-b of the General Municipal Law, the Town Board may commence a special proceeding in a court of competent jurisdiction to collect the costs of demolition, including reasonable and necessary legal expenses incidental to obtaining an order to demolish, from the owner of said building or structure.