Uniform construction codes — See Ch. 144.
Solid waste — See Ch. 277.
Zoning — See Ch. 350.
§ 130-2Title; state regulations.
§ 130-4Investigation and report.
§ 130-5Town Board order.
§ 130-6Notice; contents.
§ 130-7Service of notice.
§ 130-8Filing of notice.
§ 130-9Refusal to comply.
§ 130-10Assessment of expenses.
§ 130-11Emergency cases.
§ 130-12Penalties for offenses.
Unsafe buildings and collapsed structures, brush, grass, rubbish or weeds may pose a threat to life and property value and interfere with the reasonable use, enjoyment and value of nearby property in the Town. Premises with such condition may be an attractive nuisance and danger to children, attract rodents and threaten public health, decrease value of nearby property, prevent the normal use and enjoyment of nearby property and diminish the aesthetic appearance of the neighborhood, attract vagrants and persons of unlawful inclination, and increase the risk from accidental and intentional fire. It is the purpose of this chapter to provide for the safety, health protection and general welfare of persons and property in the Town by providing for the correction of such conditions.
This chapter shall be known as "Unsafe Buildings, Brush, Grass, Rubbish and Weeds Law" of the Town.
The provisions of this chapter shall be in addition to, and in furtherance of, the New York State Uniform Fire Prevention and Building Code, including, but not limited to, Sections 108 and 109 of the Property Maintenance Code of New York State.
As used in this chapter, the following terms shall have the meanings indicated:
- Any building, structure or portion thereof.
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer of the Town or such other person appointed by the Town Board to enforce the provisions of this chapter.
When in the opinion of the Code Enforcement Officer or upon receipt of information by the Code Enforcement Officer that property: 1) is or may become dangerous or unsafe; 2) is open at the doorways and windows making it accessible to and an object of attraction to children or to vagrants and other trespassers; 3) is or may become a place of rodent infestation; 4) presents any other danger to the health, safety, morals and general welfare of the public; or 5) is unfit for the purposes for which it may lawfully be used, or in any other manner is in such condition as to be contrary to the purposes and considerations set forth in § 130-1, the Code Enforcement Officer shall cause or make an inspection thereof and report, in writing, to the Town Board findings and recommendations in regard to correction of the condition of such property.
The Town Board shall thereafter consider such report and, by resolution, determine, if in its opinion the report so warrants, that such property condition is contrary to and in violation of this chapter and further order that a notice be served upon the persons and in the manner provided herein.
The notice shall contain the following:
A description of the premises;
A statement of the particulars in which the property condition is contrary to and in violation of this chapter;
An order stating briefly the corrective action to be taken;
A statement that the correction of the condition of such property shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter, or such shorter or longer time as the Town Board may determine, unless for good cause shown such time shall be extended;
A date, time and place for a hearing before the Town Board in relation to such property condition, which hearing shall be scheduled not less than five business days from the date of service of the notice; and
A statement that in the event of neglect or refusal to comply with the order, the Town Board is authorized to correct the condition, to assess all expenses thereof, including legal expenses and the reasonable charge for the use of Town employees and equipment, against the land on which it is located and to institute a special or "in rem" proceeding to collect the expense.
The said notice shall be served:
By personal service of a copy thereof upon the owner, executor, administrator, agent, lessee, or any person having a vested or contingent interest in such unsafe building as shown by the records of the Receiver of Taxes (or Tax Collector) or of the County Clerk; or, if no such person can be reasonably found, by mailing such owner, by registered mail, a copy of such notice directed to his last known address as shown by the above records; and
By personal service of a copy of such notice upon any adult person residing in or occupying said premises if such person can be reasonably found; and
By securely affixing a copy of such notice upon any building or structure on the property, if any.
A copy of the notice served as provided herein shall be filed in the office of the County Clerk of the County of Orleans.
In the event of the refusal or neglect of the person or persons so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the correction of said conditions either by Town employees or by contract. Except in emergency, as provided in § 130-11 hereof, any contract for correction of said condition in excess of $5,000 shall be awarded through competitive bidding.
All expenses incurred by the Town, including legal expenses and the reasonable charge for the use of Town employees and equipment, shall be assessed against 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.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe condition is immediately corrected, the Town Board may, by resolution, order the immediate correction of said condition by the property owner or person in possession or control of the property or by the persons responsible for causing or allowing such condition or by the Town officer or employees, or by contract or by authorizing the Code Enforcement Officer to arrange for such correction. The expenses of such emergency correction shall be charged against the land on which it is located and shall be assessed, levied, and collected as provided in § 130-10 hereof.
In addition to assessment of costs provided for in § 130-10, any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction, be subject to a maximum fine of $250 or a maximum term of imprisonment of 15 days, or both, for each offense.