Unsafe buildings pose a threat to life and property in the Town
of Elmira (the "Town"). Buildings and structures may become unsafe
by reason of damage by fire, the elements, age or general deterioration.
Vacant buildings not properly secure 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 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 Elmira."
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any building, structure or portion thereof used for residential,
business or industrial purposes.
BUILDING INSPECTOR
The Building Inspector of the Town or such other person appointed
by the Town Board to enforce the provisions of this chapter.
When the Building Inspector, in his/her own opinion or upon
receipt of information that a building is or may become dangerous
or unsafe to the general public; is open at the doorways and windows,
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, he or
she shall cause to be made or make an inspection thereof and report
in writing to the Town Board his/her 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 within
30 days of the service of the notice and shall be completed within
60 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;
and
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.
The notice shall be served by:
A. 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 Town Tax Collector
or of the County Clerk; or, if no such person can reasonably be found,
by mailing such owner by registered mail a copy of such notice directed
to his/her last known address as shown by the above records; and
B. 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
C. 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 Chemung.
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. Except in emergency as provided in §
82-11 hereof, any contract for demolition and removal of a building in excess of $20,000 shall be awarded through competitive bidding.
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, and all reasonable and
necessary legal expenses incidental thereto, shall, at the option
of the Town, either:
A. Be assessed against the land on which such building is located and
shall be levied and collected in the same manner as provided in Town
Law for the levy and collection of a special ad valorem levy; or
B. Be collected by commencement of a special proceeding against the
owner of said unsafe or dangerous building or structure pursuant to
General Municipal Law § 78-b.
When 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 secured or demolished, the Town Board may by resolution authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in §
82-10 hereof.