Whenever it appears that, due to cessation or undue delay in
construction or otherwise, any excavated lands or property are or
are about to become a hazard to public safety, the Town Board shall
hold a public hearing prior to ordering the filling or covering thereof.
If, after a public hearing, the Board finds that the condition of
the lands or property as so excavated does constitute a hazard to
public safety, it shall order those lands or property to be filled
in or graded or the excavation to be otherwise covered as it determines
to be appropriate. Any building permit or other permit previously
issued pursuant to which or in connection with which the excavation
was created shall thereby be revoked. If it finds that the condition
does not constitute a hazard to public safety, it shall dismiss the
proceeding.
[Amended 8-16-1982 by L.L. No. 7-1982]
Notice of the public hearing shall be advertised in the official
newspaper and be served personally upon the owner of record or mailed
to him by certified mail directed to his address as shown on the last
preceding Town assessment roll at least five days prior to its date.
Notice of the hearing may also be given to other persons having or
claiming an interest in the lands or property as occupant, mortgagee
or otherwise.
[Amended 8-16-1982 by L.L. No. 7-1982]
An order directing lands or property to be filled or graded
or an excavation to be otherwise covered shall be served upon the
owner of record personally or mailed to him by certified mail in the
same manner as provided for in the foregoing section. A copy of the
order shall be served upon or mailed by certified mail to the last
known address of any persons other than the owner appearing at the
hearing having or claiming an interest in the lands or property. If
the work so ordered is not accomplished by or on behalf of the owner
within 30 days following service or mailing of the order, the Building
Commissioner shall cause it to be done or completed.
