[HISTORY: Adopted by the Town Board of the Town of Dickinson 7-9-1984 by L.L. No.
4-1984 (Ch. 46 of the 1983 Code). Amendments noted
where applicable.]
The Town Board of the Town of Dickinson believes that it should
provide for the repair or destruction of buildings in the Town which
are dangerous or unsafe to the public in order to protect the health,
safety and general welfare of the inhabitants of the Town. It therefore
hereby enacts this chapter, pursuant to § 130, Subdivision
16, of the Town Law, to provide for the removal or repair of buildings
that from any cause may now be or shall hereafter become dangerous
or unsafe to the public.
At any time, the Town Board, by resolution, may direct an appropriate
Town employee or hire a competent person to inspect any structure
in the Town and report to the Town Board whether the structure is
dangerous or unsafe to the public. The words "dangerous or unsafe
to the public" shall be broadly construed for the maximum protection
of the inhabitants of the Town.
A.
If the person directed or employed as set forth above reports that
the structure is unsafe or dangerous to the public, the Town Board
shall cause a notice to be served on the owner or some one of the
owner's executors, legal representative, agents, lessees 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 some one of the owner's executors, legal
representatives, agents, lessees or other person having a vested or
contingent interest in the same, as shown by the records of the Receiver
of Taxes and/or in the office of the County Clerk or County Register,
containing a description of the premises, a statement of the particulars
in which the building or structure is unsafe or dangerous and an order
outlining the manner in which it is to be made safe and secure or
demolished and removed; and if such service be made by registered
mail, for a copy of such notice to be posted on the premises; a statement
that the securing or removal of the building is to commence within
30 days of the service or mailing of the notice and shall be completed
within 60 days thereafter, 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 dangerous or unsafe building, which hearing
shall be scheduled not less than five business days from the date
of the service of the notice upon the owner and such persons having
an interest in the property or structure; and a statement that, in
the event of neglect or refusal to comply with the order to secure
or demolish and remove the building, the Town Board is authorized
to provide forced demolition and removal, to assess all expenses thereof
against the land on which it is located and to institute a special
proceeding to collect the costs of demolition, including legal expenses.
[Amended 11-9-2009 by L.L. No. 5-2009]
B.
A copy of such notice shall be filed in the office of the County
Clerk of the County of Broome, which notice shall be filed by such
Clerk in the same manner as a notice of pendency pursuant to Article
65 of the Civil Practice Law and Rules and shall have the same effect
as a notice of pendency as therein provided, except as otherwise hereinafter
provided in this subsection. A notice so filed shall be effective
for a period of one year from the date of filing; provided, however,
that it may be vacated upon the order of a Judge or Justice of a court
of record or upon the consent of the Town Attorney. The Clerk of the
county where such notice is filed shall mark such notice and any record
or docket thereof as canceled of record upon the presentation of filing
of such consent or the certified copy of such order.
C.
The hearing set forth in the notice shall be held at a regular meeting
of the Town Board, at which time the person served with the notice
may present proof and/or witnesses in opposition to the claim that
the buildings are unsafe or dangerous, and if after such hearing the
Town Board still concludes that the buildings are unsafe and dangerous
and such owner fails or refuses to comply with the order of the Town
Board and after said hearing, the Town Board shall provide for the
demolition or repair of the offending building or buildings either
by Town employees or by contract, and all costs and expenses incurred
by the Town in connection with the proceeding to remove or secure,
including the cost of actually removing the structure or structures,
shall be assessed against the land upon which said structure or structures
are located. Except in an emergency, as hereinafter provided, any
contract for the repair, demolition and removal of a building in excess
of $35,000 shall be provided through competitive bidding, and any
such work performed under this chapter shall be accompanied by a performance
bond or other security deposits as required by the Town Board.
[Amended 11-9-2009 by L.L. No. 5-2009; 6-11-2012 by L.L. No. 2-2012]
Emergency cases where it reasonably appears that there is present
clear and imminent danger to the life, safety or health of any person
or property, unless an unsafe building is immediately repaired or
secured or demolished, the Town Board may, by resolution, authorize
the Code Enforcement Officer to immediately cause the repair or demolition
of such unsafe building. The expense of such repair or demolition
shall be charged against the land on which it is located and shall
be assessed, levied and collected as hereinafter provided.
All expenses incurred by the Town in connection with the proceeding
to repair, secure, demolish or remove the unsafe building, including
the cost of actually removing such building, 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.
In any case where a building is repaired and secured or taken
down and removed pursuant to proceedings had under this chapter (where
such work is being done by the owner of the property or by some third
party at the direction of the owner or of the Town), the site of such
work shall be left in a safe condition. There shall be removed from
such site any and all broken glass, rubble, metal and any accumulation
of combustible material. Furthermore, all open excavations shall be
filled and/or graded in such a manner so that they are not actually
or potentially hazardous to the health or safety of others.
