Town of Kendall, NY
Orleans County
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[HISTORY: Adopted by the Town Board of the Town of Kendall 9-16-1982 by L.L. No. 1-1982. Amendments noted where applicable.]
Uniform construction codes — See Ch. 64.
The Legislature of the State of New York has in the Town Law and the Municipal Home Rule Law delegated the responsibility to local government units to adopt regulations designated to promote the public health, safety, and general welfare of its citizenry. Therefore, the Town Board of the Town of Kendall, New York does ordain as follows:
Findings of fact.
Buildings made unsafe as a consequence of damage by the elements, fire, age or general deterioration and structures that have collapsed as a consequence of neglect, deterioration or damage pose a serious threat to life and property in the Town of Kendall.
Vacant buildings not properly secured at doorways and windows frequently serve as an attractive nuisance for young children who may be injured therein, as well as a point of congregation for vagrants and transients, and dilapidated structures encourage rodent infestation, thereby creating a health menace to the community.
Statement of purpose. It is the purpose of this chapter to promote the health, safety and general welfare of persons and property in the Town of Kendall by requiring such unsafe buildings and collapsed structures to be repaired or demolished and removed.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
Any building, structure or portion thereof used for residential, business or industrial purpose.
The Code Enforcement Officer of the Town of Kendall or such other person appointed by the Town Board to enforce the provisions of this chapter.
When in his own opinion or upon receipt of information that a building: is or may become dangerous or unsafe to the general public; 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 and other trespassers; is or may become a place of rodent infestation; presents any other danger to the health, safety, morals and general welfare of the public; or is unfit for the purposes for which it may lawfully be used, the Code Enforcement Officer shall cause or make an inspection thereof and report in writing to the Town Board his findings and recommendations in regard to its repair or demolition and removal.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Town Board shall thereafter consider such report and by resolution determine, if in its opinion the report so warrants, that such building is unsafe and dangerous and order its repair if the same can be safely repaired or its demolition and removal, and further order that a notice be served upon the persons and in the manner provided herein.
The notice shall contain the following:
A description of the premises;
A statement of the particulars in which the building is unsafe or dangerous;
An order outlining the manner in which the building is to be made safe and secure, or demolished and removed;
A statement that a hearing will be held before the Town Board at a specified time and place and upon a minimum of 15 days' notice, for the purpose of according the owner or such other person who is entitled to notice pursuant to the provisions of § 46-6 hereof, the opportunity to be heard in opposition to the order;
A statement that the securing or removal of such building shall commence within 30 days after such hearing, or within 30 days after notice of default has been served if the owner or such other person who is served with notice does not appear at the hearing, and shall be completed within 60 days after such hearing or within 60 days after notice of default has been served, unless for good cause shown such time shall be extended;
A statement that in the event of neglect or refusal of the person so served with the notice to comply with the same within the time periods specified in such notice, the Town of Kendall will repair and secure, or demolish and remove, the offending building and all charges incurred by the Town in connection with the same will be assessed in accordance with the provisions of § 46-8 hereof.
Said notice shall be served:
By personal service of a copy thereof upon the owner, executor, administrator, agent, lessee, or any person having a vested or contingent interest in such unsafe building as shown by the records of the receiver of taxes or of the County Clerk; or if no such person can be reasonably found;
By mailing to such owner or other person by registered mail a copy of such notice directed to his last known address as shown by the above records;
By personal service of a copy of such notice upon any adult person residing in or occupying said premises if such person can be reasonably found; and
By securely affixing a copy of such notice upon the unsafe building.
A copy of such notice shall be filed in the office of the County Clerk of the County in which such building or structure is located, 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 Laws 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 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 and filing of such consent or a certified copy of such order.
All expenses incurred by the Town in connection with the proceedings to repair and secure or demolish and 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.
Where it appears that there is present a clear and imminent danger to the life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the notice required by § 46-6 hereby shall, in lieu of the requirements of § 46-5D and E, direct the owner or such other person as may be entitled to notice thereof to immediately repair and secure or demolish such unsafe building. Upon the failure or refusal of such owner or other person to repair or demolish such building within 72 hours after service of such notice, the Town Board may by resolution authorize the Code Enforcement Officer to immediately cause such unsafe building to be repaired or demolished. The expense of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 46-8 hereof.