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.
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.