[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]
A.
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.
B.
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.
C.
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.
D.
Such notice shall specify the time and place of a
public hearing before the Town Board on the matters at issue in the
notice.
E.
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:
A.
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
B.
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.
