[HISTORY: Adopted by the Town Board of the Town of Westfield 4-7-1966.
Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 92.
This chapter shall be known as the "Unsafe Buildings and Collapsed Structures
Ordinance of the Town of Westfield."
As used in this chapter, the following terms shall have the meanings
indicated:
A structure wholly or partly enclosed within exterior walls or within
exterior or party walls and a roof, affording shelter to persons, animals
or property.
A building or structure which is structurally unsound, unsanitary
or which constitutes a fire hazard or which has become unsafe by reason of
damage by fire, the elements, age or general deterioration or which, in relation
to an existing use, constitutes a hazard to public health, safety or welfare
by reason of inadequate maintenance, dilapidation, obsolescence or abandonment
or which is otherwise dangerous to human life.
An assembly of materials forming a construction framed of component
structural parts for occupancy or use, including buildings and wells.
When, in the opinion of the official appointed by the Town Board of
the Town of Westfield for the purpose of enforcing this chapter, any structure
located therein shall be deemed to be unsafe or dangerous to the public, he
shall make a formal inspection thereof and report in writing to the Town Board
of the Town of Westfield his findings and recommendation in regard to its
removal or repair.
Said Town Board shall thereafter consider this report and by resolution
determine, if in its opinion the report so warrants, that said structure or
building is unsafe and dangerous and order its removal or repair, if the same
can be safely repaired, and further order that a notice shall be given to
the following persons or corporations and in the manner herein as provided.
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building
or structure is unsafe or dangerous.
C.
An order requiring the same to be made safe and secure
or removed.
D.
That the securing or removal of said building or structures
shall commence within 30 days of the serving of the notice and shall diligently
continue and be completed within 60 days thereafter.
E.
That in the event of neglect or refusal of the persons
and/or corporations served with the notice to comply with the same, a survey
of the premises will be made by an inspector and architect to be named by
the Town Board and a practical builder, engineer or architect appointed by
said persons or corporations so notified.
F.
That in the event of the refusal or neglect of the persons
or corporations so notified to appoint a surveyor, the two surveyors named
by the Town Board shall make the survey and report.
G.
That in the event the buildings or other structures shall
be reported unsafe or dangerous under such survey, an application will be
made at a special term of the Supreme Court in the judicial district in which
the property is located 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.
H.
That the land on which said buildings or structures are
located will be assessed for 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.
A.
All notices shall be served as follows:
(1)
By personal service of a copy thereof upon the owner
or some one of the owner's executors, legal representatives, agents,
lessees or any other person having a vested or contingent interest in the
premises; or
(2)
By registered mail addressed to the last known address,
if any, of the owner or some one of the owner's executors, legal representatives,
agents, lessees or any other person having a vested or contingent interest
in the premises as shown by the records of the receiver or collector of taxes
and/or in the office of the Chautauqua County Clerk and by posting a copy
of said notice on the premises.
B.
In case of either personal service or service by registered
mail, personal service of a copy of said notice shall be made upon any person
of suitable age and discretion residing in or occupying said premises or,
if no such person can be reasonably found, by posting a copy of said notice
on the building or structure.
In the event of the neglect or refusal of the persons so notified to
comply with said order of the Town Board, a survey of said premises shall
be made in the following manner:
A.
The Town Board shall appoint an inspector and architect
and the persons so notified shall appoint a practical builder, engineer or
architect who shall make said survey and submit a written report thereon in
regard to the unsafe or dangerous condition of said building or structure.
If the persons so notified shall refuse or neglect to appoint a surveyor within
10 days after service of a notice requiring them to appoint a surveyor, the
two surveyors appointed by the Board shall proceed and report.
B.
A signed copy of the report of survey shall be posted
on said building or structure.
In the event that the building or other structure shall be reported
unsafe or dangerous under such survey by the majority of the surveyors, the
Town Board may pass a resolution directing the Supervisor of the town to make
an application at a special term of the Supreme Court of the State of New
York in the judicial district in which the property is located 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 the proceedings
to remove or secure, including the cost of actually removing said building
or structure, shall be assessed against the land on which said buildings or
structures are located.
Said surveyors shall be paid reasonable compensation for the service performed by them in making their survey and in preparing the report thereof to be fixed by the Town Board and assessed as an expense as provided in § 74-9.
