Town of Parma, NY
Monroe County
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[HISTORY: Adopted by the Town Board of the Town of Parma 9-17-1962. Amendments noted where applicable.]
This chapter shall be known as the "Unsafe Buildings and Collapsed Structures Ordinance."
As used in this chapter, the term "person" shall include an individual, society, club, firm, partnership, corporation, or association of persons, and the singular number shall include the plural number.
If the Town Board has reason to believe that a building or structure is or may become dangerous or unsafe to the public, it may appoint an official to make an inspection of said building or structure and report back to the Board as to the result of said inspection.
Following the report provided for in § 27-3 above, the Town Board may provide for a notice to be served on 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 same, either personally or 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 other person having a vested or contingent interest in same, as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk. Said notice shall contain a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous, and an order requiring the building or structure to be made safe and secure or removed. Such notice shall further provide that if the person served with the notice shall neglect or refuse to comply with the same, a survey of the premises will be made. Said survey shall be made by an inspector and architect to be named by the Town Board and a practical builder, engineer or architect appointed by the person served with said notice. In the event of the refusal or neglect of the person served with said notice to appoint such surveyor, the two surveyors named by the Town Board shall make the survey and report the results thereof to the Town Board. The notice shall further state that in the event the building or other structure 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 structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed. If the service of such notice be made by registered mail, copy of such notice must be posted on the premises.
The person served with the notice provided in § 27-4 must either remove the said building or structure or put the same in a good state of repair, and he must commence such removal or repair within 30 days after the receipt of the notice above provided for and he must thereafter diligently continue with such removal or repair to the end that the same be completed within 90 days after receipt of said notice. The said notice shall contain a statement as to the above time limitations.
A signed copy of the report of the survey shall be posted on the building. Reasonable compensation for the surveyors and for all costs and expenses incurred by the town in connection with the proceedings to remove or secure the building or structure, including the cost of actually removing said building or structure, shall be assessed against the land on which said buildings or structures are located.