[HISTORY: Adopted by the Town Board of the Town of Eaton 11-5-2009 by L.L. No.
1-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch.
90.
Property maintenance — See Ch.
145.
The purpose of this chapter is to promote and preserve the health,
welfare and property of residents of and owners of property located
within this Town by providing a method for the removal or repair of
buildings and structures within the limits of this Town that, from
any cause, may now be or shall hereafter become dangerous or unsafe
to the public. Nothing in this chapter shall be deemed or construed
as a limitation or supercession of the provisions, obligations or
remedies provided under the New York State Building Code, New York
State Property Maintenance Code, New York State Fire Code, or other
applicable code, statute or regulation.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDINGS
A structure wholly or partly enclosed within exterior walls
or within exterior or party walls and a roof, affording shelter to
persons, animals or property.
STRUCTURE
Any assembly of materials constructed or erected, the use
of which requires location on the ground or attachment to something
having location on the ground, including but not limited to fences,
satellite dishes and swimming pools.
No person, firm, corporation or association owning, possessing
or controlling a building or structure in this Town shall permit,
suffer or allow the building or structure to continue or become dangerous
or unsafe to the public from any cause whatsoever.
All buildings and structures which have one or more of the following
conditions shall be deemed unsafe or dangerous within the meaning
of this chapter:
A. Those whose interior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
B. Those which, exclusive of the foundation, show 33% or more of damage
or deterioration of the supporting member or members or 50% or more
of damage or deterioration of the nonsupporting member or members,
enclosing walls, or outside walls or covering (siding).
C. Those which have improperly distributed loads upon the floors or
roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
D. Those which have been damaged by fire, wind or other causes so as
to have become dangerous to life, safety, morals or the general health
and welfare of the occupants or the people of this Town.
E. Those which have become or are so dilapidated, decayed, unsafe, unsanitary
or which so utterly fail to provide the amenities essential to decent
living that they are unfit for human habitation or are likely to cause
sickness or disease so as to work injury to the health, morals, safety
or general welfare of those living therein.
F. Those having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human
beings who live or may live therein.
G. Those having inadequate facilities for egress in case of fire or
panic, or those having insufficient stairways, elevators, fire escapes
or other means of access.
H. Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
I. Those which because of their condition are unsafe, unsanitary or
dangerous to the health, morals, safety or general welfare of the
people of this Town.
J. Those which provide a substantial life-safety hazard to the occupants
or general public because of noncompliance with the New York State
Fire Code, Building Code and/or Property Maintenance Code.
The Code Enforcement Officer or his designee is authorized to
enforce the provisions of this chapter and shall make inspections
of all potentially unsafe buildings and structures within the Town.
Upon receiving information of the existence of an unsafe structure
or building, the Code Enforcement Officer shall inspect the same and
shall determine if, in his opinion, the structure is unsafe and dangerous
so as to warrant its removal or repair. In the event he shall so determine,
the Code Enforcement Officer shall give notice to all interested persons
or corporations and order the repair or removal of the building or
structure. The Code Enforcement Officer shall then make a written
report to the Supervisor and Town Board of the property inspected,
the result of the inspection and all actions taken by the Code Enforcement
Officer concerning the building or structure.
The notice and order to interested persons and/or corporations referenced in §
72-5 shall contain the following information:
A. A description of the premises.
B. A statement of the particulars in which the building or structure
is unsafe or dangerous.
C. An order requiring the same to be made safe and secure or removed.
D. That the securing or removal of said building or structure shall
commence within a specified date subsequent to the serving of the
notice, as hereinafter provided, and shall be completed within a specified
number of days thereafter.
E. That in the event of the neglect or refusal of the persons or corporations
served with the order to comply with the order, the Town reserves
all legal rights to enforce compliance, including but not limited
to commencing an action pursuant to this chapter for violation of
this chapter, and/or, following a hearing, proceeding with repairs
or demolition, and/or commencing an action before the New York State
Supreme Court for an order of demolition and/or such other or further
action that the Town may deem appropriate.
The notice and order referenced in §§
72-5 and
72-6 shall be served in the following manner:
A. By personal service a copy thereof upon the owner or some one of
the owners, executors, legal representatives, agents, lessees or any
other person having a vested or contingent interest in the premises
as shown by the last preceding completed assessment roll of the Town,
and filing of an affidavit of personal service upon the owner with
the Town Clerk; or
B. In the event that the owner shall not be readily located or personally
served, by mailing a copy of said notice to such owner as aforesaid,
by certified mail, return receipt requested, addressed to the last
known address of the owner, and personally serving said notice upon
an adult residing in the premises, if any, and by affixing a copy
of said notice to the premises, such service to be complete after
filing of the return receipt and the affidavit(s) of service and posting
with the Town Clerk.
In the event of neglect or refusal of the persons so notified
to comply with said order of the Code Enforcement Officer, the Town
Board may direct an inspection, evaluation and report of the condition
of said premises be made by the Town Engineer or such other engineer
retained by the Town for such purpose, and a signed copy of such engineer's
report shall be forwarded to the Supervisor, Town Board and Code Enforcement
Officer, and all costs of said engineer's report and inspection
shall be charged to the owner and levied against the premises if not
paid.
Upon receipt of the Engineer's report described in the preceding §
72-8, the Town Board shall consider such report, along with the prior report of the Code Enforcement Officer, and shall determine by resolution, whether the building(s) is unsafe or dangerous, and whether the repair and/or demolition and removal of the building(s) is warranted, and, if so, that a hearing will be held before the Town Board at which time the owner will be heard and allowed to present witnesses and evidence to rebut the findings of the Town Board.
In the event a hearing is to be held pursuant to the provisions of the preceding §
72-9, a notice of such hearing shall be served upon the owner, in a manner authorized in §
72-7 above, at least 10 days prior to the scheduled date of such hearing. Such notice shall contain the following:
A. A description of the premises;
B. A statement of the particulars in which the building(s) has been
deemed unsafe or dangerous;
C. The manner in which the building(s) is to be made safe and/or secure;
D. The date, time and place for the hearing to be held before the Town
Board at which time the owner, and/or the owner's representative,
may present witnesses and evidence refuting the Town Board's
finding that the building(s) is unsafe and/or dangerous; and
E. That upon the conclusion of the hearing, or upon the owner's
failure to appear at such hearing, the Town Board shall have the authority
to, and may order the repair and/or demolition and removal of the
building(s), and that all costs associated with such remedial action
by the Town shall be the responsibility of the owner and assessed
and levied against the owner's property in the same manner as
general Town taxes.
Upon the conclusion of the hearing as contemplated in the preceding §
72-9, or upon the owner's failure to appear at such hearing, the Town Board shall make a determination, by resolution and order, based upon the preponderance of evidence before it, whether to provide for, and direct the repair and/or demolition and removal of the building(s) at issue, and in such event shall cause a certified copy of said resolution and order to be recorded as a miscellaneous record in the office of the Madison County Clerk, and also to be served upon the owner in a manner provided in §
72-7 above.
In the event that the building or other structure shall be reported unsafe or dangerous by the Town Engineer as provided in §
72-8 above, the Town Board may, in lieu of the scheduling of a hearing before the Town Board as provided in §
72-9 above, pass a resolution directing the Supervisor to make an application to the Supreme Court for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.
All engineers, attorneys, professionals, workers and tradesmen
rendering services to the Town shall be paid reasonable compensation
for the service performed by them in making their inspections and
in preparing the report thereof, in conducting the proceedings contemplated
under this chapter, and in securing, repairing, demolishing or removing
the building(s) at issue. Such compensation shall be assessed against
the owner, person or corporation responsible for the structure.
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, shall be assessed against the
land on which said buildings or structures are located and collected
in the same manner as Town taxes.
A. In case there shall be, in the opinion of the Code Enforcement Officer,
actual and immediate danger of the falling of a building or structure
so as to endanger public safety, life or property or actual or immediate
menace to health or public welfare as a result of the conditions present
in or about a building or structure, he may cause the necessary work
to be done to render such building or structure temporarily safe,
whether the procedure described in this chapter for unsafe or dangerous
buildings or structures has been instituted or not.
B. When emergency work is to be performed under this section, the Code
Enforcement Officer shall cause the owner thereof to be served personally
or by certified mail, return receipt requested, and, if served by
certified mail, shall post on the premises a notice to comply containing
a description of the premises, a statement of the facts in which the
structure is unsafe or dangerous and orders and directions to correct
said conditions which constitute an emergency within a specified period
not to exceed three days from actual or constructive receipt of the
notice.
C. In the event that the emergency does not permit any delay in correction,
the notice shall state that the Town may correct or has corrected
the emergency condition.
D. In both cases, the notice shall state that the corrective costs of
the emergency will be assessed against the owner, and levied against
the premises pursuant to the provisions of this chapter.
E. In any case where the Code Enforcement Officer finds a building or
conditions within a building wherein there is an imminent hazard to
life safety, the Code Enforcement Officer shall immediately close
the building or dwelling and order the occupants to vacate the building
until the conditions are corrected and inspected for compliance with
all applicable codes, rules and regulations. Signs reading "No Admittance"
shall be posted at all entrances to such building. Only persons permitted
by the Code Enforcement Officer to enter the building shall be allowed
in the building and only to secure the building or perform necessary
corrections. As soon as practically possible, the Code Enforcement
Officer shall notify the Supervisor and Town Board, in writing, of
the action that was taken under this subsection and the reasons therefor.
F. Upon correction of the hazards and upon inspection and verification
by the Code Enforcement Officer, the Code Enforcement Officer shall
permit the signs to be removed and the building to be occupied. The
Code Enforcement Officer shall then notify the Supervisor and Town
Board of the correction of the conditions of the building.
Upon notification that the owner of the unsafe building or structure
has failed or refused to repair the unsafe building or structure within
the time specified in any order of the Town Board and/or Supreme Court,
the Town Board may thereupon direct that the Town shall cause the
repair or removal of the unsafe building. After such work has been
completed, the Code Enforcement Officer shall file with the Town Board
a verified statement of all expenses incurred in the removal or repair
of the unsafe or dangerous building or structure, which will be assessed
and levied against the premises and collected in the same manner as
Town taxes in order to reimburse the Town for its expenses.
Upon receipt of the verified statement by the Code Enforcement
Officer regarding the costs of the proceedings to repair or remove,
the Town Board shall direct that the amount thereof, including the
charges added thereto, shall constitute a lien against said premises
and direct that the same shall be added to the next assessment roll
of general Town taxes and shall be collected and enforced in the same
manner, by the same proceedings, at the same time and under the same
penalties as the general Town tax and as a part thereof. In addition
thereto, interest shall run thereon from the date of filing the verified
statement to the date of actual payment at 9% per annum.
Notwithstanding any provision herein to the contrary, the Town
may, at its election, institute suit against the owner of said premises
for all expenses incurred in the work and which will be assessed against
the land as compensation to the Town for said work performed and enter
a judgment thereon against the owner personally for the aforesaid
amount. The imposition and collection of any fine or penalty hereinafter
prescribed shall not bar the right of the Town to collect the costs
of the removal or repair of any unsafe building or structure as herein
prescribed.
The failure of the owner to complete the repairs or to remove
the unsafe building or structure as specified in the final notice
of the Code Enforcement Officer shall subject the owner to all of
the obligations and penalties set forth in this chapter.
A. Any person or corporation who allows or causes an unsafe building
or structure to exist within the Town shall be guilty of a violation
punishable by a fine not exceeding $250 per day, imprisonment for
a term not to exceed 15 days, or both. Each day that the violation
continues shall constitute a separate offense.
B. Violation of an order. Any person who shall fail to comply with an
order of the Town of Eaton Code Enforcement Officer within the time
fixed for compliance therewith, and any owner, builder, architect,
tenant, contractor, subcontractor or his agent or any other person
taking part or assisting in the use or construction of any building
who shall violate any order, notice or directive of the Town of Eaton
Code Enforcement Officer shall be punishable by a fine not exceeding
$250 per day, imprisonment for a term not to exceed 15 days, or both.
Each day in violation continuing beyond the date fixed in the order
of the Code Enforcement Officer shall be deemed a separate offense.