[HISTORY: Adopted by the Town Board of the
Town of Barre 1-8-2002 by L.L. No. 1-2002. Amendments noted where
applicable.]
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.
A.
This chapter shall be known as "Unsafe Buildings,
Brush, Grass, Rubbish and Weeds Law" of the Town.
As used in this chapter, the following terms
shall have the meanings indicated:
Any building, structure or portion thereof.
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.
A description of the premises;
B.
A statement of the particulars in which the property
condition is contrary to and in violation of this chapter;
C.
An order stating briefly the corrective action to
be taken;
D.
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;
E.
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
F.
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:
A.
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
B.
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
C.
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.
