[HISTORY: Adopted by the Town Board of the Town of Geneva 9-15-1981
by L.L. No. 5-1981 (Ch. 33 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 63.
The purpose of this chapter is to provide for the removal or repair
of buildings in business, industrial and residential districts that, from
any cause, may now be or shall hereafter become dangerous or unsafe to the
public.
[Added 12-23-1997 by L.L.
No. 5-1997]
As used in this chapter, the following terms shall have the meanings
indicated:
A building or structure which is structurally unsound, unsanitary
or not provided with adequate ingress or egress 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.
When in the opinion of the Code Enforcement Officer who is hereby designated
as the enforcement officer of this chapter, any building or structure located
in the town shall be deemed to be dangerous or unsafe to the public, the Code
Enforcement Officer shall make a formal inspection thereof, and report, in
writing, to the Town Board his or her findings and recommendations in regard
to the removal or repair of the building or structure.
A.Â
The Town Board shall thereafter consider said report
and, if it finds from said report that there is ground to believe that such
building or structure is dangerous or unsafe to the public, the Town Board,
by resolution shall order its removal or repair, if the same can be safely
repaired, and further order that a notice shall be personally served upon
the owner or someone 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 Tax Collector and/or by the records
of the Ontario County Clerk's Office.
B.Â
If no such person can be reasonably found, then notice
shall be made by mailing a copy of such notice to such person or corporation
by registered mail, addressed to his or her last known address and by securely
posting a copy of such notice upon said premises.
A.Â
Contents of notice. The notice shall contain the following
statements:
(1)Â
A description of the premises.
(2)Â
A statement of the particulars in which the building
or structure is unsafe or dangerous.
(3)Â
An order requiring the same to be made safe and secure
or removed.
(4)Â
That the securing or removal of the said building or
structure shall commence within 30 days of the service of the notice and shall
be completed within 60 days thereafter.
B.Â
Notice of hearing. Such notice shall further provide
that in case the owner and such persons having an interest in the property
or structure as herein prescribed wishes to contest the order, that a hearing
will be held before the Town Board at a time and place specified and that
in the event that such owner or persons having an interest shall fail to contest
such order and fail to comply with same, the Town Board will order the repair
or removal of such building or structure by the town and that the town will
assess all costs and expense incurred by the town in the removal of such building
or structure against the land on which such building or structure is located.
A.Â
A copy of the notice served in accordance with § 68-4 shall be filed in the Ontario County Clerk's office, which notice shall be filed by such clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules, and shall have the same effect as a notice of pendency as therein provided.
B.Â
A notice so filed shall be effective for a period of
one year from the date of filing; provided, however, that it may be vacated
upon the order of a judge or justice of a court of record or upon the consent
of the Town Attorney.
C.Â
The Ontario County Clerk shall mark such notice and any
record or docket thereof as canceled of record upon the presentation and filing
of such consent or of a certified copy of such order.
A.Â
At the time and date specified in the notice to repair
or demolish, the Town Board shall conduct the public hearing. It may adjourn
from time to time until the hearing is completed and until all interested
parties are heard.
B.Â
At the conclusion of the hearing, the Town Board shall
determine to revoke the order to repair or remove or continue said order and
direct the owner and other persons to complete the work within a specified
time which shall be reasonable as to the time needed to perform the work and
the necessity to protect the general public.
In the event that the owner and persons in interest shall fail to comply
with the final order of the Town Board to make such building safe and secure
or removed, the Town Board shall order such building or structure to be made
safe and secure or removed and assess all the costs and expense, including
the cost of actually removing such building or structure, against the land
on which such building or structure is located at the same time and in the
same manner as general town taxes.
[Added 12-23-1997 by L.L.
No. 5-1997]
[Added 7-12-2001 by L.L.
No. 2-2001]
Whenever the Code Enforcement Officer or any officer of the Town of Geneva shall determine that Chapter 68, Buildings, Unsafe, of the Geneva Code shall be required to be enforced, the costs incurred by said officer for consultation fees with engineers, attorneys or other professionals or costs incurred in enforcement of compliance with this Code, including but not limited to the costs of meeting the requirements of Article 6 of the Environmental Conservation Law (SEQR), shall be reimbursed by the real property owner before a building permit, certificate of occupancy, or other permit, may be issued, and if the real property owner fails to make such reimbursement, then said reimbursement costs levied pursuant to this chapter are hereby made a lien on the premises, and if the same is not paid within 30 days after it shall be deemed payable, the same shall be certified to the County Treasurer's office, which shall place the same on the real property tax roll for that year, with interest, and penalties allowed by law, and be collected as other town taxes are collected.
