Town of Manchester, NY Chapter 128 Buildings, Unsafe

[HISTORY: Adopted by the Town Board of the Town of Manchester as Ch. 33 of the 1975 Code (Ch. 66 of the 1989 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Building construction and fire prevention — See Ch. 123.

Property maintenance — See Ch. 252.

§ 128-1 Purpose.

A. The purpose of this chapter is to provide for the removal or repair of buildings in business, industrial and residential sections that, from any cause, may now be or shall hereafter become dangerous or unsafe to the public.

B. The provisions of this chapter shall be in addition to, and in furtherance of, the New York State Uniform Fire Prevention and Building Code, including but limited to, Sections 108 and 109 of the Property Maintenance Code of New York State, as amended.

[Added 10-17-2005 by L.L. No. 2-2005]

§ 128-2 Inspection; report of findings.

When in the opinion of the Zoning Officer, who is hereby designated as the enforcement officer of this chapter, any building or structure located in the Town shall be deemed to be dangerous or unsafe to the public, the Zoning Officer shall make a formal inspection thereof and report in writing to the Town Board his findings and recommendations in regard to the building's or structure's removal or repair.

§ 128-3 Town Board order of repair, removal and notice.

[Amended 10-9-2012 by L.L. No. 3-2012]

The Town Board shall thereafter consider such report, and if it finds from said report that there are grounds to believe that such building or buildings are dangerous or unsafe, the Town Board, by resolution, shall order its or their repair, if the same can be safely repaired, or its demolition and removal, and further order that a notice be served upon the persons and in the manner provided herein.

§ 128-4 Contents of notice.

[Amended 10-9-2012 by L.L. No. 3-2012]

The notice shall contain the following:

A. A description of the premises;

B. A statement of the particulars in which the building is unsafe or dangerous;

C. An order outlining the manner in which the building is to be made safe and secure or is to be demolished and removed;

D. A statement that the securing or removal of such building shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter;

E. A date, time and place for a hearing before the Town Board in relation to such dangerous or unsafe building, which hearing shall be scheduled not less than five business days from the date of service of the notice;

F. A statement that, in the event of neglect or refusal to comply with the order to repair and secure or demolish and remove the building, the Town Board is authorized to provide for its demolition and removal, to assess all expenses thereof against the land on which it is located and to institute a special proceeding to collect the costs of demolition, including expenses.

§ 128-5 Service of notice.

[Added 10-9-2012 by L.L. No. 3-2012[1]]

The notice shall be served:

A. By personal service of a copy thereof upon the owner, executor, administrator, agent, lessee or any person having a vested or contingent interest in such unsafe building, as shown by the records of the Receiver of Taxes (or Tax Collector) or of the County Clerk, or, if no such person can be reasonably found, by mailing such owner, by registered mail, a copy of such notice directed to his/her last known address as shown by the above records;

B. By personal service of a copy of such notice upon any adult person residing in or occupying said premises, if such person can be reasonably found; and

C. By securely affixing a copy of such notice upon the unsafe building.

[1] Editor's Note: This local law also repealed former § 128-5, Failure to comply; procedure. See now § 128-7.

§ 128-6 Filing of copy of notice.

[Added 10-9-2012 by L.L. No. 3-2012[1]]

A copy of the notice served as provided herein shall be filed in the office of the County Clerk of the County of Ontario.

[1] Editor's Note: This local law also repealed former § 128-6, Application to Supreme Court for order.

§ 128-7 Refusal to comply.

[Added 10-9-2012 by L.L. No. 3-2012[1]]

In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board, and after the hearing, the Town Board shall provide for the demolition and removal of such building or structure either by Town employees or by contract. Except in an emergency as provided in § 128-9 hereof, any contract for demolition and removal of a building in excess of $35,000 shall be awarded through competitive bidding.

[1] Editor's Note: This local law also repealed former § 128-7, Costs and expenses. See now § 128-8.

§ 128-8 Assessment of expenses.

[Added 10-9-2012 by L.L. No. 3-2012[1]]

All expenses incurred by the Town in connection with the proceedings to repair and secure or demolish and remove the unsafe building, including the cost of actually removing such building, shall be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided in the Town Law for levy and collection of a special ad valorem levy.

[1] Editor's Note: This local law also repealed former § 128-8, Penalties for offenses, added 10-17-2005 by L.L. No. 2-2005.

§ 128-9 Emergency cases.

[Added 10-9-2012 by L.L. No. 3-2012]

Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe building is immediately repaired or secured or demolished, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be charged against the land on which it is located and shall be assessed, levied and collected as provided in this chapter.