This chapter shall be known as and may be cited as the "Unsafe
Buildings Law" of the Town of LeRoy.
The purpose of this chapter is to promote and preserve the health,
safety and welfare of the public and residents and/or owners of property
located within this Town of LeRoy by providing a method for the removal
or repair of buildings that, from any cause, may now be or shall hereafter
become dangerous or unsafe to the public and residents and/or owners
of property within the Town of LeRoy. Unsafe buildings serve as an
attractive nuisance for young children who may be injured therein,
may be a point of congregation by vagrants and transients, and may
attract illegal drug activity. The powers conferred upon the Town
of LeRoy by this chapter shall be in addition to all other powers
conferred upon the Town of LeRoy in relation to the same subject by
state law.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any building, structure or portion thereof used for residential,
business, commercial or industrial purposes.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Town of LeRoy or such
other person appointed by the Town Board to enforce the provisions
of this chapter.
UNSAFE BUILDING
All buildings which have any or all of the following defects:
A.
Any building of which the interior walls or exterior bearing
walls or other vertical structural members list, lean or buckle to
such an extent as to weaken the structural support they provide.
B.
Buildings which, exclusive of the foundation, show 33% or more
of damage to or deterioration of the supporting member of members
or 50% of damage to or deterioration of the nonsupporting, enclosing
or outside walls or covering.
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, disrepair or other
causes so as to have become dangerous to life, safety or the general
health and welfare of the occupants or to the people of the Town of
LeRoy or to other adjacent or nearby buildings.
E.
Those which have become or are so dilapidated, decayed, unsafe
or unsanitary or which so fail to provide the amenities essential
to normal living conditions that they are unfit for human habitation
or are likely to cause sickness or disease to those living therein
or adjacent thereto.
F.
Those having light, air and sanitation facilities which are
inadequate to protect the health, safety or general welfare of human
beings who live or may live therein, with particular reference to
the requirements of the New York State Uniform Fire Prevention and
Building Code as a determinant.
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 communication, again referencing the New York State
Uniform Fire Prevention and Building Code as a determinant.
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 consist of debris, rubble or parts of buildings
left on the ground after demolition, reconstruction, fire or other
casualty.
J.
Those which, because of their condition, are unsafe, unsanitary
or dangerous to the health, safety or general welfare of the people
of this Town of LeRoy.
No person, firm, corporation or association, possessing or controlling
a building in the Town of LeRoy shall permit, suffer or allow said
building now or hereafter to be or become unsafe to the public and/or
residents from any cause whatsoever.
The Code Enforcement Officer shall make inspections of all unsafe
buildings with the Town of LeRoy and report to the Town Board all
unsafe buildings which from time to time may be found within the limits
of the Town of LeRoy.
The Town Board shall consider the report of the Code Enforcement
Officer and, if in their opinion the report so warrants, shall determine
that the building is unsafe and order its repair, if the same can
be safely repaired, or order its demolition, if it cannot be safety
repaired, and further order that a notice shall be given to the owner,
an owner or a representative of the owner, which is to contain the
following:
A. A description of the premises.
B. A statement of the particulars in which the building is unsafe.
C. An order requiring the building to be repaired or demolished.
D. A statement that the repairing or demolition of the building shall
commence within 30 days of the serving of the notice, as hereinafter
provided, and shall be completed within 60 days thereafter, unless
such time limited be extended by the Town Board for good cause shown.
E. A date, time and place for a hearing before the Town Board at which
the owner of such building or other person responsible therefor, or
his or her attorney, may contest the determination that said building
is unsafe or may present evidence as to why the determination and/or
order should be modified in any respect. Such hearing shall be scheduled
not less than five business days from the day of service of the notice,
unless the recipient of the notice and the Town Board agree otherwise.
F. A statement that in the event of neglect or refusal to comply with
the order to repair or demolish the building, the Town Board is authorized
to provide for its repair or demolition, 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 in the following manner:
A. By personal service of a copy thereof upon the owner or one of the
owners, executors, legal representative, 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 of LeRoy,
or of the records of the Genesee County Clerk, such service to be
complete and the thirty-day time period recited in said notice to
commence upon service.
B. By mailing a copy of said notice to such owner as aforesaid by registered
mail, return receipt requested, addressed to the last known address
of the owner and by affixing a copy of said notice to the premises,
such service to be complete and the thirty-day time period recited
in said notice to commence 10 days after the filing of the return
receipt with the Town Clerk.
C. A copy of the notice shall also be filed in the office of the Genesee
County Clerk, which notice shall be filed by such Clerk in the same
manner as a notice of pendency pursuant to Article 65 of the Civil
Practice Law and Rules, and shall have the same effect as a notice
of pendency as therein provided, except as otherwise hereinafter provided.
A notice so filed shall be effective for a period of one year from
the date of filing; provided, however, that it may be vacated upon
the order of a judge of a court of competent jurisdiction or upon
the consent of the Town Attorney.
In the event of neglect or refusal of the persons so notified
to comply with said order of the Town Board, the Town Board shall
provide for the demolition and removal of such building either by
the Town of LeRoy employees or by contract. Except in an emergency,
any such contract shall be awarded in compliance with state competitive
bidding laws.
In addition to the remedies provided by this chapter, the Town
Board may request the Town Supervisor to make an application to the
Supreme Court for an order determining the building to be a public
nuisance and directing that it shall be repaired and secured or demolished.