The Town Board of the Town of Binghamton believes
that it should provide by ordinance for the repair or destruction
of buildings in the Town which are dangerous or unsafe to the public,
in order to protect the health, safety and general welfare of the
inhabitants of the Town. It therefore hereby enacts this chapter,
pursuant to § 130, Subdivision 16, of the Town Law, to provide
for the removal or repair of buildings that from any cause may now
be or shall hereafter become dangerous or unsafe to the public.
At any time the Town Board, by resolution, may
direct an appropriate Town employee or hire a competent person to
inspect any structure in the Town and report to the Town Board whether
the structure is dangerous or unsafe to the public. The words "dangerous
or unsafe to the public" shall be broadly construed for the maximum
protection of the inhabitants of the Town.
[Added 2-3-1981]
In emergency cases where it reasonably appears
that there is present clear and imminent danger to the life, safety
or health of any person or property, unless an unsafe building is
immediately repaired or secured or demolished, the Town Board may,
by resolution, authorize the Building Inspector to immediately cause
the repair or demolition of such unsafe building. The expense of such
repair or demolition shall be charged against the land on which it
is located and shall be assessed, levied and collected as hereinafter
provided.
[Added 7-21-2020 by L.L. No. 1-2020]
In the event that the owner fails or refuses to secure, repair
or remove such damaged or unsafe building(s) or structure(s) or debris
within the time provided in the Town Board Order, the Town of Binghamton
may enter upon such property and cause the same to be secured and/or
removed.
[Added 2-3-1981; amended 11-16-2010 by L.L. No. 12-2015; 6-17-2014 by L.L. No. 29-2015; 7-21-2020 by L.L. No. 1-2020]
A. All expenses
incurred by the Town in connection with the proceedings to repair,
secure, demolish or remove the unsafe building, including the cost
of actually removing the building and all related engineering, legal
and other professional fees and expenses, shall be assessed against
the owner(s) of the subject property and/or the land on which such
building is located and shall be levied and collected in the same
manner as provided in Article 15 of the Town Law for the levy and
collection of a special ad valorem levy. For any assessment against
the property owner(s), the Town may commence a civil action against
such property owner(s) if the assessment is not paid within 30 days
of presentment of the said assessment to the property owner(s) by
certified mail or registered mail.
B. Furthermore, in accordance with General Municipal Law § 22, the Town of Binghamton as a taxing district is hereby authorized and empowered to claim against the proceeds of a policy of fire insurance insuring the interest of an owner and issued on real property located within the Town of Binghamton to the extent of any lien, claim or assessment by the Town of Binghamton pursuant to this Chapter
106 shall further constitute a lien against such insurance proceeds and which shall, as to such insurance proceeds, be prior to all other liens and claims except the claim of a mortgagee of record named in such insurance policy. Upon the adoption of a resolution by the Town Board providing therefor, the Town Supervisor shall cause a notice of intention to claim against insurance proceeds to be served upon the New York State Superintendent of Financial Services for entry in the index of tax districts maintained by upon the New York State Superintendent of Financial Services as provided in § 331 of the Insurance Law, wherein such amounts stated in such claim notice shall be a lien on the proceeds of the insurance policy of said owner until paid.
[Added 7-21-2020 by L.L. No. 1-2020]
In addition to the Town of Binghamton rights set forth in §
106-6, all costs and expenses, including that of Town personnel, Town contractors and legal costs, incurred by the Town of Binghamton in connection with actions or proceedings to secure, repair or remove such building(s) or structure(s) or debris, including the cost of actually removing the same, shall be assessed against the owner individually, the applicable fire or other insurance, and against land on which such building(s) or structure(s) is located. Said assessment shall be and shall constitute a lien and claim against the owner individually, the applicable fire or other insurance, and upon the land so affected. The Town of Binghamton may bring and maintain an action at law against the owner individually, the applicable fire or other insurance carrier, and/or against the land for such claim, lien or assessment, and may foreclose such lien or liens.
In any case where a building is repaired and
secured or taken down and removed pursuant to proceedings had under
this chapter (where such work is being done by the owner of the property
or by some third party at the direction of the owner or of the Town),
the site of such work shall be left in a safe condition. There shall
be removed from such site any and all broken glass, rubble, metal
and any accumulation of combustible material. Furthermore, all open
excavations shall be filled and/or graded in such a manner so that
they are not actually or potentially hazardous to the health or safety
of others.
Should any section or provision of this chapter
be or be held invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the validity of the chapter as a whole or any part
thereof other than said invalid or unconstitutional part.
This chapter shall take effect immediately subject
to provisions of the Town Law as to posting and publication.