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Town of West Bloomfield, NY
Ontario County
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[HISTORY: Adopted by the Town Board of the Town of West Bloomfield 5-13-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 56.
This chapter shall be known as the "Unsafe Building and Collapsed Structures Ordinance of the Town of West Bloomfield."
When in the opinion of the Code Enforcement Officer or inspector any structure located in the town shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof.
If the Code Enforcement Officer or inspector shall find that any building or structure, or portion thereof, is unsafe or dangerous to the public, he shall order its removal or repair if the same can be safely repaired by serving a notice to abate upon the owner or one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the structure.
The notice mentioned in § 64-3 shall contain the following:
A. 
The location of the structure.
B. 
A description of the premises.
C. 
A statement setting forth the particulars in which the structure is unsafe or dangerous.
D. 
An order that the structure be made safe and secure or removed.
E. 
That the securing or removal of the structure shall commence within 15 days of the mailing or service of notice and be completed within 30 days thereafter.
F. 
That in the event of neglect or refusal by the owner or other party interested in the structure to secure or remove the structure, the Code Enforcement Officer or inspector shall report, in writing, to the Town Board his findings and recommendations in regard thereto. The Town Board shall promptly consider the report and by resolution determine if in its opinion the report warrants that the structure is unsafe and dangerous. The Town Board shall thereupon cause an inspection of the premises to be made by a Board of Surveyors, consisting of an inspector and architect named by the Town Board and a practical builder, engineer or architect to be appointed by the person notified, and in the event of refusal or neglect of the person so notified to appoint such surveyor, the two surveyors appointed by the Town Board shall make the survey and report.
G. 
That if the report of the surveyors shows the structure to be dangerous or unsafe, an application will be made at a special term of the Supreme Court of the state in the Seventh Judicial District for an order determining the structure to be a public nuisance and directing that it should be repaired and secured or taken down and removed.
H. 
That the land on which the structure is located will be assessed for all costs and expenses incurred by the town in connection with the proceeding to remove or secure the structure, including the cost of actually removing said building or structure.
The notice mentioned in § 64-3 shall be served in the following manner:
A. 
By personal service to the owner or some one of the owner's executors, legal representatives, agents, lessees or other persons having a vested or contingent interest in the structure; or
B. 
By registered mail, addressed to the last known address of any of the people specified in Subsection A above, as shown by the records of the receiver of taxes or by the records in the office of County Clerk. If such service be made by registered mail, a copy of such notice shall be posted on the premises.
In the event of the neglect or refusal of the owner or holder to comply with the order to abate, a survey of the premises shall be made in the following manner:
A. 
The Town Board shall appoint an inspector and an architect and the person notified pursuant to § 64-3 shall appoint a practical builder, engineer or architect who shall make the survey. The majority of the surveyors shall submit a written report thereon as to their findings in regard to the unsafe or dangerous condition of the structure. If the person notified shall fail to appoint a surveyor, the two surveyors appointed by the Town Board shall proceed and report.
B. 
A signed copy of such report shall be posted on the structure.
In the event that the survey report shall find the structure unsafe or dangerous, the Town Board may pass a resolution directing the Supervisor of the town to make application at a special term of the Supreme Court of the State in the Seventh Judicial District for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.
All costs and expenses incurred by the town in connection with any proceedings to remove or secure, including the cost of actually removing said structure, shall be assessed and levied against the land on which the structure stands in the next tax levy on property in the town.
The surveyors shall be paid reasonable compensation for the service performed by them in making their survey and in preparing the report thereof.