[HISTORY: Adopted by the Town Board of the Town of Brownville 12-30-2005 by L.L. No.
6-2005. Amendments noted where applicable.]
The Town Board of the Town of Brownville, pursuant to the authority
granted it under Article 4 of the Town Law and §§ 10
and 20 of the Municipal Home Rule Law of the State of New York, enacts
the following.
The Town Board of the Town of Brownville hereby finds that unsafe
buildings pose a threat to life and property in the Town of Brownville.
The buildings and structures may become unsafe by reason of damage
by fire, the elements, age, or general deterioration. Vacant buildings
not properly secured at doorways and windows also serve as an attractive
nuisance for young children who may be injured therein, and serve
as a point of congregation for vagrants and transients. A dilapidated
building may also serve as a place of rodent infestation, thereby
causing a health menace to the community. It is the purpose of this
chapter to provide for the safety, health, protection, and general
welfare of persons and property in the Town of Brownville by requiring
such unsafe buildings to be repaired, demolished or removed.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure, or portion thereof used for residential,
agricultural, business, or industrial purposes.
The Code Enforcement Officer of the Town of Brownville, or
any other law enforcement official chargeable with enforcement of
the local laws of the Town of Brownville.
The person, partnership, corporation or other entity shown
to be the owner of a property as per those documents most recently
recorded in the Jefferson County Clerk's records.
The Code Officer shall cause or make an inspection thereof and
report in writing to the Town Board his findings and recommendations
in regard to repair, demolition, and/or removal when in his opinion
or upon receipt of information that, a building or remains of a building:
A.
Is or may become dangerous or unsafe to the general public as a result
of deterioration or fire;
B.
Is open at the doorways and windows, making it accessible to and
an object of attraction to minors under 18 years of age, as well as
to vagrants or other trespassers;
C.
Is or may become a place of rodent infestation;
D.
Presents any other danger to the health, safety, morals, and general
welfare of the public; or
E.
Is unfit for the purposes for which it may be lawfully used.
The Town Board shall consider any report rendered to it under
this chapter by the Code Officer and by resolution; determine, if
in its opinion the report so warrants, that such building is unsafe
and dangerous and order that it be made safe, secured or removed;
and further order that a notice be served upon the persons identified
below 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 building is unsafe or
dangerous.
C.
A report outlining the manner in which the building is to be made
safe, secured, or removed.
D.
A statement that the securing or removal of the building shall commence
within 30 days of service of the notice and shall be completed within
60 days thereafter, except in case of emergency, in which case the
Town Board may shorten such time frames, or where for good cause shown
the time should be extended.
E.
A date, time, and place for hearing before the Town Board in relation
to such dangerous or unsafe building, which hearing shall be scheduled
not less than 10 business days from the date of service of the notice.
F.
A statement that in the event of neglect or refusal to comply with
the order to secure or remove the building, the Town Board, after
the hearing, is authorized to provide for its demolition and removal,
and to assess all expenses incurred thereby against the owner of the
property and institute a special proceeding to collect the costs of
demolition, including legal expenses.
The notice shall be served by the owner of the premises, or
his executor, administrator, legal representative, agent, lessee,
or any other person having a vested or contingent interest in the
property, either personally or by certified mail, return receipt requested,
addressed to the last known address, if any, of the owner, or other
persons mentioned herein, as shown by the records of the receiver
of taxes and/or in the Office of the County Clerk. A copy of such
notice is also to be posted on the premises. The notice shall be considered
served upon personal delivery or five days after it is mailed.
In the event of a failure or refusal of the owner to comply with said order of the Town Board, after the hearing, the Town Board may provide for the demolition and removal of such building and/or structure, either by Town employees or by contract. Except in emergency cases as provided in § 58-10, any contract for demolition and/or removal of building in excess of $10,000 shall be awarded through competitive bidding.
A.
The Town Board may assess all costs and expenses incurred by the
Town in connection with the proceeding to remove and/or secure, including
the cost of actually removing said building or structure, against
the land on which such building or structure is located as a special
assessment on the next Town tax bill.
B.
The Town Board may commence a special proceeding in a court of competent
jurisdiction to collect all costs and expenses incurred by the Town
in connection with the proceedings to remove or secure, including
the cost of actually removing said buildings or structures, from the
owners of any buildings or structures. The provisions of Article 4
of the Civil Practice Law and Rules shall govern any special proceeding
commenced under this section.
Where it reasonably appears that there is a present, clear and imminent danger to the life, safety, or health of any person or property unless an unsafe building is immediately repaired, secured, or demolished, the Town Board may, by resolution, authorize the Code Officer or any other representative of the Town to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition shall be recovered as provided in § 58-9.
