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Town of Rush, NY
Monroe County
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[HISTORY: Adopted by the Town Board of the Town of Rush 10-24-1988 by L.L. No. 1-1988. Amendments noted where applicable.]
Removal of dangerous buildings — See Ch. 36, Art. II, § 36-17.
It is hereby declared to be the purpose of the Town of Rush to care for the health, safety and general welfare of its inhabitants; to protect property; to preserve property values; to eliminate fire and health hazards; to repair or eliminate unsafe buildings; and to carry out all actions necessary for the accomplishment of such purposes.
This chapter shall be known and cited as "The Unsafe Buildings Law of the Town of Rush."
The Code Enforcement Officer of the Town of Rush is charged with the responsibility of carrying out the obligations and duties set forth in this chapter.
No person, firm, corporation or association who or which is the owner of a building or structure in the Town of Rush shall cause, suffer, allow or permit the said building or structure to become dangerous or unsafe to the public. If any building or structure now is, or hereafter becomes, dangerous or unsafe to the public, from any cause whatsoever, the said owner shall repair or remove the building or structure. If the owner of any such building or structure fails to repair or remove it, the Code Enforcement Officer of the Town of Rush shall make a complete inspection and report in writing of the condition of the building or structure to the Town Board.
A notice shall thereafter 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 property, either personally or by registered mail, addressed to the last known address, if any, of the owner or others listed above 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 same to be made safe and secure or removed. If such service is made by registered mail, a copy of such notice shall be posted upon the premises.
The person served with such notice shall commence the securing or removal of the buildings or structures within 15 days of the mailing and posting or service of said notice, and shall diligently prosecute the removal or securing until the project is complete.
A copy of such notice shall be filed in the office of the County Clerk. The notice shall be filed by the County Clerk in the same manner as a notice of pendency pursuant to Article 66 of the Civil Practice Law and Rules.
A hearing shall be held before the Town Board, the notice of which and the time and place thereof shall be specified in the notice to repair or demolish.
Such building or structure shall be removed by the Town if the owner fails or refuses to repair or remove the building or structure within the time provided.
All costs and expenses incurred by the Town in connection with the proceedings to remove and secure, including the cost of actually removing the building or structure, shall be assessed against the land on which the buildings or structures are located.
Any violation of this chapter shall be deemed an offense punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. Each day a violation occurs shall constitute a separate violation.
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).