Town of Colden, NY
Erie County
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[HISTORY: Adopted by the Town Board of the Town of Golden 10-15-1974. Amendments noted where applicable.]
Building construction — See Ch. 26.
Building Inspector and Enforcement Officer — See Ch. 28.
Fire prevention — See Ch. 48.
The Building Inspector shall make periodic inspection of all structures in the town. If any structure within the town may now be or shall hereafter become dangerous or unsafe to the public, in the judgment of the Building Inspector, said Building Inspector shall report said finding to the Town Board.
The Town Board shall immediately cause notice of said findings to be served on the owner or some one of the owner's executors, legal representatives, agents, lessee's or any other person having a vested or contingent interest in same, either personally or by registered mail, addressed to the last known address, if any, of the owner or the aforementioned alternative person as shown by the records of the receiver of taxes and/or in the office of the County Clerk. If said notice is served by registered mail, a copy thereof shall be posted on the premises. Said notice shall contain:
A description of the premises.
A statement of the particulars in which the building or structure is unsafe or dangerous.
An order requiring the same to be made safe and secure or removed.
A statement that the required repairs or removal begin within 30 days of the date of the notice and must be concluded within a reasonable time, in no case to exceed 90 days from the date of the notice.
A statement that a hearing shall be held before the Town Board and the date, time and place thereof which said hearing shall be scheduled not less than 10 days from the date of service of the notice if by personal service and 15 days from the date of mailing if service is by registered mail.
[Amended 2-12-1981]
A statement that in the event of neglect or refusal to comply with the order to secure or remove that the Town Board is authorized to provide for the demolition or removal and to assess all expenses of the proceeding and the removal against the land on which the structure is located and to commence a special proceeding to collect said costs from the owner.
[Amended 2-12-1981]
A copy of said notice shall be filed in the office of the Erie County Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules.
[Amended 2-12-1981]
The Town Board shall conduct a hearing to inquire into the facts and circumstances of the case. Thereafter, the Town Board shall make a determination to affirm, modify or annul the order of the Building Inspector which required the premises to be made safe or removed.
Said determination may also include appropriate orders to be carried out in the event of a default by the owner in the term of said determination. Said orders may include but shall not be limited to causing the structure to be removed and assessing the cost and expenses thereof of this proceeding and the removal of the structure against the land on which said structure is located and to institute a special proceeding against the owner to collect said costs pursuant to § 78-b of the General Municipal Law.
The owner or his representative shall be given an opportunity to give evidence and cross-examine witnesses at said hearing.