[HISTORY: Adopted by the Town Board of the Town of Owego 4-21-2009 by L.L. No. 4-2009. Amendments noted where applicable.]
A. 
The purpose of this chapter is to provide for a method of enforcement and collection against an owner of property or other responsible party who has endangered the public safety, health, or general welfare by failing to comply with any federal, state, general, special or local law or ordinance or any order of the Town Code Enforcement Officer or Building Inspector which requires said owner or responsible party to perform work, acts, or improvements upon property in the Town of Owego.
B. 
The Town Board of the Town of Owego has determined that it is in the interest of the public safety, health and general welfare of the residents of the Town that the Town be empowered to undertake such work, acts or improvements and to collect the costs in the same manner as a real property tax lien.
Whenever an owner of real property or other responsible party is required by any federal, state, general, special or local law or ordinance or order of the Town Code Enforcement Officer or Building Inspector to make improvements, perform any work or to do any act on such property, and such owner or responsible party shall fail to make the improvement or perform the work or act required, the Town may enter upon the premises and cause such improvement, work or act to be done on such property, when the public health, safety, or general welfare is endangered by the failure to act.
A. 
Upon a determination by the Town Building Inspector or Code Enforcement Officer that the owner's or responsible party's failure to perform the improvement or act on a property in the Town of Owego endangers the public safety, health or general welfare, a notice shall be served upon the owner or responsible party as hereinafter provided.
B. 
The aforementioned notice shall be served on the owner or responsible party either personally or by certified mail, addressed to the person intended to be served at the last known address. If the notice is served by certified mail, the Building Inspector or Code Enforcement Officer shall cause a copy of such notice to be posted on the premises.
The notice referred to in § 44-3 hereof shall contain the following:
A. 
A description of the premises.
B. 
A statement of the particulars by which the failure of the owner or responsible party to undertake the required improvement or work upon the property endangers the public safety, health or general welfare of the community.
C. 
An order directing that the property, building or structure be brought into compliance.
D. 
A statement that the owner or responsible party shall commence work within 10 days from the date of service of the notice to bring the property, building or structure into compliance and a statement that such work shall be completed within 30 days of service of the notice.
E. 
A statement that, in the event of the failure of the owner or responsible party to comply with the notice, the Town may enter upon the premises and cause such improvement, work or act to be done on such property or may cause a contract to be awarded therefor, and the cost of such improvement, work or act shall become a lien and ad valorem charge upon such real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town taxes and charges.
A copy of the notice referred to in § 44-3 hereof may be filed with the County Clerk of the county within which said property, 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 Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. 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 and upon the consent of the Town Attorney. The Clerk of the county where such notice is filed shall mark such notice in any record or docket thereof as canceled of record, upon the presentation and filing of such consent or of a certified copy of such order.
All costs and expenses incurred by the Town of Owego in connection with any proceeding or any work to be done to bring the property, building, or structure into compliance shall be assessed against the real property on which the work has been done, and the costs and expenses so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town taxes and charges.