[Amended 8-16-1982 by L.L. No. 7-1982]
Whenever it appears that a building or structure is so severely deteriorated or damaged by any cause, collapsed or in danger of collapsing, or that the state of construction is such that the building or structure has become or is in danger of becoming dangerous or unsafe to the public, the Building Commissioner shall cause it to be inspected. If the Commissioner then finds that the condition of the building or structure is such that it is dangerous or unsafe to the public, he shall file a report with the Town Clerk setting forth that fact giving the particulars supporting his conclusion and stating the action required to be taken to make the building or structure safe and secure or requiring its removal and reporting any action taken by him pursuant to § 151-8.
A notice, containing the information hereinafter required, shall
be served on the owner, or some one of the owner's executors,
agents, lessees or any other person having a vested or contingent
interest in the premises, known to the Commissioner. The notice may
be served personally or by registered mail addressed to the known
address, if any, of the person to whom it is directed as shown by
the records of the Town Assessor, Receiver of Taxes or Erie County
Clerk. Failure of the person to receive the mailed notice shall not
impede the continuance of the procedure hereby established. In any
case where a notice is served by mail, a copy thereof shall be posted
on the premises.
The notice, which shall constitute a permit to do work therein
required, shall contain:
A.Â
A description of the premises with its tax account number and street
address.
B.Â
A statement of the particulars in which the building or structure
is unsafe or dangerous.
C.Â
An order requiring the building or structure to be repaired or otherwise
made safe and secure or removed and any excavation in connection therewith
to be covered or filled and a statement that the work required may
be commenced immediately and when it shall be completed.
D.Â
A statement that the Town Board will hold a hearing, at a specified
time and place, to determine if the Town shall repair, otherwise make
safe and secure, or remove the building or structure and fill any
excavation in connection therewith, if the order is not obeyed.
A copy of the notice shall be filed in the Erie County Clerk's
office. The County Clerk shall file the notice in the same manner
as a notice of pendency pursuant to Article 65 of the Civil Practice
Law and Rules. When filed, the notice shall have the same effect as
a notice of pendency, except as otherwise provided in this section.
The notice shall be effective for a period of one year from the filing
date unless earlier vacated by order of a judge or justice of a court
of record or upon the consent of the Town Attorney. Upon the filing
of an order or consent vacating the notice, the County Clerk shall
mark the notice and any record or docket thereof as cancelled of record.
Following the hearing referred to in § 151-5, the Town Board may vacate or modify the Building Commissioner's order or cause or direct the building or structure to be repaired, made safe or secure or removed, and any excavation in connection therewith filled.
If, as a result of the inspection required under § 151-3, the Commissioner determines that the condition found dangerous or unsafe constitutes an immediate hazard to persons or other property, he may:
A.Â
Order the building or structure involved vacated, in which event
it shall not thereafter be occupied until a new certificate of occupancy
with respect thereto has been issued as provided in the Zoning Ordinance
and Building Code.[1]
B.Â
Close any street or sidewalk abutting the land involved or within
the area of immediate peril.
C.Â
Erect or cause to be erected temporary barricades, warning devices
or other temporary enclosures or structures.
D.Â
Take such other action as he may deem necessary for the protection
of persons and other property from the risk of immediate injury.
When the Commissioner orders a building or structure vacated, a copy of his order shall be posted thereon. Thereafter, use or occupancy of said building or structure prior to the issuance of a new certificate of occupancy or other failure to comply with any order made by him pursuant to § 151-8 shall be violation of this chapter constituting an offense punishable for each day's violation by a fine not exceeding $150 or imprisonment for a term not exceeding 15 days, or both.
