When in the opinion of the Code Enforcement Officer a building
or structure is determined to be dangerous or unsafe to the health,
safety and general welfare of the public and an unsafe building, pursuant
to this article, the Code Enforcement Officer shall make a formal
inspection thereof and report his findings and recommendations in
writing to the Village Board with regard to the repair or demolition
and removal of said building or structure.
The Village Board shall thereupon consider said written report from the Code Enforcement Officer, and if it finds that said building or structure is dangerous and unsafe to the public, it shall, by resolution, order the repair of said building or structure if it can be safely repaired and, if not, then its demolition and removal, and shall further order that a hearing be held before the Village Board at a time and place therein specified and on at least 10 days' notice to the owner of said building or structure and owner of the land upon which said building or structure is situated, with owner as defined in §
36-9 of this chapter, as well any tenant or occupant of said building or structure or of the land upon which it is situated, or any other identified persons having an interest therein to determine whether said order to repair or remove shall be affirmed or modified or vacated, and in the event of affirmance or modification, to assess all costs and expenses incurred by the Village of Brockport in connection with the repair or removal of such building or structure, pursuant to §
36-23 below, against the land upon which it is situated.
The Village Board shall conduct the public hearing at the time
and place specified in the notice to repair or demolish. It may adjourn
the hearing from time to time until all interested parties are heard
and until the hearing is completed. At the conclusion of the hearing,
the Village Board shall determine by resolution to revoke the order
to repair or remove, modify said order to repair or remove, or continue
and affirm said order to repair or remove, and in the event of modification
or affirmance, direct the owner or other interested person(s) to complete
the necessary work within the time specified in the order to repair
or remove or such other time as shall be determined by the Village
Board.
In the event of the refusal, failure or neglect of the owner
or other interested person(s) so notified to comply with said order
to repair or remove within the specified time, and after the public
hearing, the Village Board shall order that such building be made
safe and secure or demolished and removed, either by employees of
the Village or by independent contractors. The Village reserves the
right to proceed with competitive bidding for an award of a contract
for repair or demolition after its determination of the potential
cost and taking into consideration whether emergency action is required.
All costs and expenses incurred by the Village in connection
with the proceedings set forth in this article, including the actual
costs for making safe and securing or demolishing and removing the
unsafe building, and also including any attorneys' fees incurred for
the enforcement of this article, shall be assessed against the land
on which the unsafe building was or is located and shall be included
in the tax levy and collected against said parcel of land, or alternatively
may be collected in the same manner as provided in General Municipal
Law § 78-b.
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 and removed, the Village Board may by resolution authorize the Code Enforcement Officer to cause the repair or demolition of such unsafe building immediately, with the assessment of all attendant costs and expenses pursuant to §
36-23 of this chapter.
The Village Board, in it discretion, may elect to apply to the
Supreme Court of the State of New York for an order directing that
an unsafe building be repaired and secured or demolished and removed.