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.
[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.
[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.
[Added 10-9-2012 by L.L. No. 3-2012]
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.
[Added 10-9-2012 by L.L. No. 3-2012]
A copy of the notice served as provided herein shall be filed
in the office of the County Clerk of the County of Ontario.
[Added 10-9-2012 by L.L. No. 3-2012]
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.
[Added 10-9-2012 by L.L. No. 3-2012]
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.
[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.