[HISTORY: Adopted by the Town Board of the Town of Frankfort 7-9-2009 by L.L. No.
1-2009. Amendments noted where applicable.]
Unsafe buildings pose a threat to life and property in the Town
of Frankfort. 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 Frankfort by requiring
that such unsafe or dangerous buildings be repaired or demolished
and removed.
This chapter shall be known as the "Unsafe Buildings and Collapsed
Structures Local Law of the Town of Frankfort."
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof used for residential,
business or industrial purposes.
The Building Inspector of the Town of Frankfort or other
such person appointed by the Town Board to enforce the provisions
of this chapter.
When in his or 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, 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 shall order its repair
if the same can be safely repaired or its demolition and removal and
shall further order that a notice be served upon the persons 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.
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 Tax Collector) 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 Herkimer.
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 § 32-11 hereof, any contract for demolition and removal of a building in excess of the maximum amount set forth in § 103 of the General Municipal Law 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, 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 or a
special proceeding shall be commenced as provided under § 78-b
of the General Municipal Law.
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 and 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 § 32-10.
