[HISTORY: Adopted by the Town Board of the Town of Salina 5-27-1997
by L.L. No. 2-1997. Amendments noted where applicable.]
This chapter shall be known as the "Unsafe Buildings Law of the Town
of Salina."
Unsafe buildings pose a threat to life and property of the Town of Salina.
Buildings and structures may become unsafe by reasons of damage by fire, the
elements, age or general deterioration. Vacant buildings not properly secured
at doorways and windows also serve as an attractive nuisance for children
who may be injured therein, as well as a point of congregation by vagrants
and transients. A dilapidated building may also serve as a place of rodent
infestation, thereby creating a health menace to the community. It is the
purpose of this section to provide for the health, safety and general welfare
of the persons and property of the Town of Salina by requiring that
such unsafe buildings be repaired or demolished and removed.
As used in this chapter, the following terms shall have the following
meanings:
Any building, structure or portion thereof used for residential,
business, commercial or industrial purposes.
The Commissioner of Planning and Development or any code enforcement
officer of the Department of Planning and Development.
The enforcement officer shall examine or cause to be examined every
building reported or found to be unsafe or damaged, including but not limited
to:
A.
Any building that is or may become dangerous or unsafe
to the general public.
B.
Any building that is open at the doorways and windows,
making it accessible to and an object of attraction to minors under the age
of 18 years of age as well as to vagrants and other trespassers.
C.
Any building that is or may become a place of rodent
infestation.
D.
Any building that presents any other danger to the health,
safety, morals and general welfare of the public because of inadequate maintenance,
dilapidation, obsolescence or abandonment.
E.
Any building that is unfit for the purposes for which
it may be lawfully used.
A.
Whenever the enforcement officer shall find any building
or structure or portion thereof to be an unsafe building as herein defined,
he/she shall make a report of such findings to the Town Board, and shall additionally
post the building and serve written notice by registered or certified mail,
return receipt, or by personal service on the owner, administrator, executor,
agent, lessee or any other person having a vested or contingent interest in
such building as shown by the records of the Receiver of Taxes, which said
notice shall contain:
[Amended 4-27-1998 by L.L.
No. 2-1998]
(1)
A description of the premises.
(2)
A statement of the defects thereof which make the building
dangerous or unsafe.
(3)
An order requiring the building to be made safe and secure
by repair or otherwise to be demolished and removed within 60 days and that
said work shall be commenced within 15 days after service of notice.
(4)
Notice of the time and place for a hearing on the matter
before the Town Board, which hearing shall be not less than five days from
the date of service of said notice.
(5)
A statement that, in the event of neglect or refusal
to comply with the order to 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 impose
a special proceeding to collect the costs of demolition, including legal expenses.
B.
A copy of said notice shall be filed in the Onondaga
County Clerk's office in accordance with applicable law.
In the event of the refusal or neglect of the person so notified to
comply with said order of the Town Board after public hearing to make such
building safe and secure or to be removed, the Town Board shall order such
building to be made safe and secure or to be removed either by Town of Salina
employees or by contract.
All expenses incurred by the Town of Salina in connection with the proceedings
to repair and secure or demolish and remove the unsafe building, including
the costs of actually removing such building or structure and all reasonable
and necessary legal expenses incidental thereto, shall, at the option of the
Town Board, either:
A.
Be assessed against the land on which such building or
structure is located and shall be levied and collected in the same manner
as provided for in the Town Law for the levy and collection of a special ad
valorem levy; or
B.
Be collected by commencement of a special proceeding
against the owner of said unsafe or dangerous building or structure pursuant
to General Municipal Law § 78-b.
[Added 3-12-2001 by L.L.
No. 2-2001]
A.
Whenever the town has ordered the reimbursement of the town for the costs of the work performed or services rendered as hereinabove provided in § 85-7A, the Town Clerk shall cause a notice of intent to levy such costs and expenses against the land or premises for which the costs and expenses were incurred in a form approved by the resolution of the Town Board from time to time hereinafter, to be recorded in the records of the Onondaga County Clerk's Office in order that such notice shall be indexed against the land or premises as notice to subsequent tranferors or others acquiring any interest in said property of the intention by the town to assess and levy the amount of such costs and expenses upon said parcel of land. The recording fees of the Onondaga County Clerk shall be included in the costs and expenses assessed and levied against such land or premises.
B.
The failure of the Town Clerk to record such notice of
intent to levy shall not, however, affect or impair the validity of a levy
or assessment of such costs and expenses against such land or premises, the
owner(s) thereof on any subsequent transfer or other acquiring any interest
in such land or premises.
A.
If the enforcement officer finds that there is actual
and immediate danger of failure or collapse so as to endanger life, such notice
shall also require the building, structure or portion thereof to be vacated
forthwith and not reoccupied until the specified repairs and improvements
are completed, inspected and approved by an inspector from the Department.
The enforcement officer shall cause to be posted at each entrance to such
building a notice as follows: "This building is unsafe and its use or occupancy
has been prohibited by the Department of Planning and Development." Said notice
shall remain posted until the required repairs are made or demolition is completed.
It shall be unlawful for any person to remove such notice.
B.
Notwithstanding the foregoing provisions of this section, where it reasonably appears that there is a clear and imminent danger to the life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the enforcement officer shall cause the immediate repair or demolition of such unsafe building. For this purpose, he/she may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a public or private road. 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 § 85-7 of this chapter.
