[HISTORY: Adopted by the Town Board of the Town of Hamlin 8-10-1987 by L.L. No.
9-1987 (Ch. 39 of the 1987 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Building code administration and enforcement — See Ch. 220.
Unsafe buildings pose a threat to life and property in the Town
of Hamlin. 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,
as well as a point of congregation by vagrants and transients. A dilapidated
building may also serve as a place of rodent infestation, thereby
creating 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 Hamlin by requiring
that such unsafe buildings be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings Law of
the Town of Hamlin."
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof used or formerly
used for residential, business, industrial or agricultural purpose.
The Building Inspector of the Town of Hamlin or such other
person appointed by the Town Board to enforce the provisions of this
chapter.
[Amended 7-12-2010 by L.L. No. 2-2010]
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 doorways, windows, or foundation, 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 Building Inspector 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.
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.
A description of the premises.
B.
A statement of the particulars in which the building is unsafe or
dangerous.
C.
An order outlining the manner in which the building is to be made
safe and secure or demolished and removed.
D.
A statement that the securing or removal of such building shall commence
with 15 days of the service of the notice and shall be completed within
30 days thereafter, unless, for good cause shown, such time shall
be extended.
E.
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 service of the notice.
F.
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 for its 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.
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 such owner,
by registered mail, a copy of such notice directed to his last known
address as shown by the above records and 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 the notice served as provided herein shall be filed
in the office of the County Clerk of the County of Monroe in the same
manner as a notice of pendency pursuant to Article 65 of the Civil
Practice Law and Rules.
In the event of the refusal or neglect of the person so notified
to comply with said order of the Town Board and after the hearing,
the Town Board shall provide for the demolition and removal of such
building or structure either by Town employees or by contract.
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.
[Amended 7-12-2010 by L.L. No. 2-2010]
Where it reasonably appears to the Building Inspector or Fire Marshal 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 secured, the Building Inspector or Fire Marshal is authorized to immediately cause such unsafe building to be secured. Where it reasonably 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 or demolished, the Town Board may, by resolution, authorize the Building Inspector or Fire Marshal to immediately cause the repair or demolition of such unsafe building. The expenses to secure such building and the expenses to repair or demolish shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 231-10 hereof.
The provisions of this chapter shall be in addition to, and
in furtherance of, the New York State Uniform Fire Prevention and
Building Code, including but not limited to Sections 107 and 108 of
the Property Maintenance Code of New York State.
