[HISTORY: Adopted by the Town Board of the Town of East Bloomfield 4-8-2013 by L.L. No.
2-2013. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 63.
The purpose of this chapter is to protect the safety, health,
welfare and general well-being of the residents of East Bloomfield
by requiring unsafe buildings to be repaired, demolished and removed.
Unsafe buildings pose a threat to public health, safety and welfare
of the residents of East Bloomfield.
As used in this chapter, the following terms shall have the
meanings indicated:
Any structure or edifice or portion thereof presently or
formerly used for residential, business, industrial, agricultural,
recreational or other purposes, whether occupied or vacant.
The Code Enforcement Officer of the Town or such other person
appointed by the Town to enforce the provisions of law or codes of
the Town, including the provisions of this chapter.
Any debris, rubble or parts of buildings which remain on
the ground or on the premises after demolition, reconstruction, fire
or other casualty.
Any structure or edifice or portion thereof which:
Because of its condition, is or may become unsecured structurally
or otherwise deteriorated and is or may become dangerous to the public.
Is open at the doorways or windows or walls, making it accessible.
Is or may become a place of rodent infestation.
Consists of debris, rubble or parts of buildings left on the
ground after demolition, reconstruction, fire or other casualty.
Presents any other danger to the health, safety and general
welfare of the public.
It shall be unlawful for any owner, tenant or occupant of any building or portion of any building, and the owner, tenant or occupant of the land upon which same is situated, to maintain such building or portion of such building in any condition or manner which shall be unsafe as defined in § 64-2.
When, in the opinion of the Code Enforcement Officer, any building
located in the Town of East Bloomfield is determined to be dangerous
or unsafe to the public as defined in this chapter, the Code Enforcement
Officer shall make a formal inspection thereof and report in writing
to the Town Board his/her findings and recommendations with regard
to the building's removal or repair.
The Town shall thereupon consider said report, and if it finds
that said building is dangerous and unsafe to the public, it shall,
by resolution, order its repair if the same can be safely repaired,
and, if not, its removal and demolition, and shall further order that
a hearing be held before the Town Board at a time and place therein
specified and on at least 10 days' notice to the owner of the
building and the owner, tenant or occupant of the land upon which
same is situated, or person having an interest therein, to determine
whether said order to repair or remove shall be affirmed or modified
or vacated, and in the event of modification or affirmance, to assess
all costs and expenses incurred by the Town of East Bloomfield in
the repair or removal of such building against the land on which said
building is located.
A.
Contents of notice enumerated.
(1)
The name of the owner or person in possession as it appears from
the tax and deed records.
(2)
A brief description of the premises and its location.
(3)
A description of the building which is unsafe or dangerous and a
statement of the particulars in which it is unsafe or dangerous.
(4)
An order requiring the same to be made safe and secure or to be removed.
(5)
The time and place of the hearing to be held before the Town Board,
at which hearing the owner or occupant shall have the right to contest
the order and findings of the Town Board.
B.
The securing or removal of said building should commence within a
specified number of days of the service of the notice and shall be
completed within a specified number of days thereafter.
C.
In the event that such owner, occupant or other person having an
interest in said premises shall fail to contest such order and fail
to comply with the same, the Town Board will order the repair or removal
of such building by the Town, and the Town will assess costs and expenses
incurred in such repair or removal against the land on which said
building is located.
D.
In any case where a building which is required to be made safe and
secure under this chapter is made safe by the boarding up thereof,
the material used for such boarding up shall be painted, as near as
practicable, the same color as the building.
A.
A copy of said notice shall be personally served upon the owner or
one of the owners, executors, legal representatives, agents, lessees
or other person having a vested interest in the premises as shown
on the Town's tax records or in the records of the Ontario County
Clerk's office.
B.
If no such person can be reasonably found for personal service, then
a copy of said notice shall be mailed to such person by certified
mail addressed to his or her last known address as shown on said records
and by personally serving a copy of said notice upon any adult person
residing in or occupying said premises and by securely affixing said
notice upon said building.
C.
A copy of said notice shall be filed in the Ontario County Clerk's
office, which notice shall be filed in the same manner as a notice
of pendency pursuant to Article 65 of the Civil Practice Law and Rules
(CPLR) and shall have the same effect as a notice of pendency as therein
provided. A notice so filed shall be effective for a period of one
year from the date of filing. It may be vacated upon an order of a
judge or justice of a court of record, or upon the written consent
of the Town Attorney of the Town of East Bloomfield. The Ontario County
Clerk's office shall mark such notice and any record or docket
thereof as canceled of record upon the presentation and filing of
such consent or of a certified copy of such order.
The Town shall conduct the public hearing at the time and place
specified in the notice to repair or demolish. It may adjourn the
hearing from time to time until all interested parties are heard and
until the hearing is completed. At the conclusion of the hearing,
the Town shall determine by resolution to revoke the order to repair
or remove, modify said order, or continue and affirm said order and
direct the owner or other persons to complete the work within the
time specified in the order or such other time as shall be determined
by the Town Board.
In the event of the refusal, failure or neglect of the owner
or the person so notified to comply with said order of the Town Board
within the time specified in said order, and after the public hearing,
the Town Board shall order that such building be made safe and secure
or removed and demolished by Town employees or by independent contractors.
The Town reserves the right to proceed to competitive bidding for
an award of a contract for repair or demolition after its determination
of the potential cost and taking into consideration whether this is
an emergency case.
All costs and expenses incurred by the Town in connection with
proceedings set forth in this chapter, including the cost of actually
making safe, securing or removing said dangerous and unsafe condition,
and also including any attorney fees attributable to the enforcement
of this chapter, shall be assessed against the land on which the dangerous
or unsafe condition is or was located, and shall be included in the
tax levy and collected against said parcel of land or may be collected
by use of General Municipal Law § 78-b.
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 Code Enforcement Officer
to immediately cause the repair or demolition of such unsafe building.
The Town, in its discretion, may elect to apply to the Supreme
Court of the State of New York for an order directing that the building
be repaired and secured or demolished and removed.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder of this chapter, but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly
involved in a litigation in which said judgment shall have been rendered.
This chapter shall take effect upon its being duly filed in
the office of the Secretary of the State of New York as provided in
§ 27 of the Municipal Home Rule Law.
