Residential, commercial, storage and industrial buildings and
properties, whether occupied or vacant, and accessory structures shall
be maintained in conformity with the provisions of this chapter so
as to assure the desirable character of the property and its effect
on surrounding areas of the Town of Niagara.
Whenever the Town shall find an unoccupied or partly unoccupied
building which has openings, including but not limited to doors, doorways,
windows and window openings, through which children, trespassers or
other unauthorized persons may make entry to the building, then this
section shall apply.
A. Notice; sealing requirements.
(1) Notice. The Town Building Inspector shall serve a notice in writing
upon the owner by regular mail to the last-known address on file with
the Town Assessor directing the owner to complete the work of enclosing
the building as shall be specified in said notice within four days
of service of such notice. Said notice shall also inform the owner
of the date and place of a hearing, at which time the owner or his/her
duly designated representative may present evidence and testimony
on the question of the necessity of the Town causing said premises
to be boarded. Said notice shall further inform the owner that upon
failure by the owner either to complete the enclosing of the building
or to appear at the hearing, the Town of Niagara shall have the right
to enclose the building and that all costs and expenses incurred by
the Town will be recovered by action or by local assessment, or both.
(2) Permissible materials. Such openings as the Building Inspector shall
specify in said notice for enclosure shall be enclosed with one-half-inch-or-thicker
weatherproof plywood or other weatherproof material which will secure
the building in an equivalent manner. All such plywood or other material
must be painted.
(3) Screen/storm windows. The owner may, in the alternative, enclose
such openings with screen/storm window combinations, provided that
said storm windows are made with unbreakable glass or plastic.
(4) Fastening. Such enclosures shall be fastened to the building so as
to secure them from removal by unauthorized persons.
(5) Appearance. Such enclosures shall be properly fitted and be of such
material and surface that they are neither unsightly, nor will they
materially detract from the general appearance of the building and
neighborhood.
B. Hearing. If the owner or his/her duly designated representative appears
at the time and place specified in the aforementioned notice to contest
the necessity of the Town causing the subject premises to be boarded,
a hearing on such question shall be held before the Building Inspector.
As a result of such hearing, the original notice directing the enclosing
of the subject premises may be affirmed, modified or vacated, but
if the notice is modified, the time in which to complete enclosure
shall not be extended for more than three days. The owner shall be
informed of the result of the hearing.
C. Abatement by Town upon owner's failure to comply. If the owner
shall fail to comply with a notice to enclose within the period specified
in such notice or shall fail to comply with such a notice as modified
as a result of a hearing having been had, the Town shall perform or
cause such work to be performed and may recover the expense either
by court action or by local assessment on the premises made, levied
and collected as other local assessments or both. In such event, unless
the Town shall perform such work, the Department shall secure at least
three bids on such work of enclosure; and, whenever the work to be
performed under contract entails an expenditure of more than $20,000,
there shall be formal advertising for bids.
D. Statement of intention. In no event shall such building or structure remain unoccupied and closed in for a period in excess of two months from the date of the notice specified in Subsection
A hereof unless the owner has first filed a statement of intention to either demolish or rehabilitate said building or structure with the Building Inspector and has been granted written approval for an extension of time to rehabilitate or to demolish the building or structure by said Building Inspector. The owner must obtain all required permits within four months from the date of filing a statement of intention as aforementioned. Such statement of intention shall expire and shall be of no further force or effect upon the passing of four months from the date of its filing with the Department. For purposes of this section, determination of the Department, relative to the condition of a building being practicable for rehabilitation, shall be determined on the basis of cost for rehabilitating the building and shall not exceed 50% of the worth of the building exclusive of value of land and foundation.
E. Alternative measures to remain available. The provisions of this
section shall not be deemed to impair or affect the availability of
any other enforcement measures or remedies afforded by law.
Any person committing an offense against any provision of this
chapter shall be guilty of a violation punishable as follows: By imprisonment
of a term not exceeding 15 days or a fine to not exceed $250 or by
both such fine and imprisonment. The continuation of an offense against
the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.