[HISTORY: Adopted by the Town Board of the Town of Alden 3-4-1974 (Ch. 7A of the 1981 Code). Amendments
noted where applicable.]
A.
The Town Board of the Town of Alden recognizes the need to remove
buildings or structures within the Town of Alden which are unsafe
to the citizens of the Town of Alden.
B.
The Town Board further recognizes that buildings are not unsafe solely
because of their age or appearance and further recognizes that certain
structures and buildings which may be in literal violation of this
chapter create no hazard because of their location distant from any
other structure.
C.
It is the purpose of this chapter to provide a manner in which structures
which are unsafe may be inspected and removed if they cannot be repaired.
D.
It is the further purpose of this chapter that the property of any
citizens shall not be taken without due process of law.
The provisions of this chapter shall be in addition to, and
in furtherance of, the New York State Uniform Fire Prevention and
Building Code, including, but not limited to, §§ 107
and 108 of the Property Maintenance Code of New York State.
For the purpose of this chapter, the terms used herein are defined
as follows:
All buildings or structures which have any or all of the
following defects:
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
Those which, exclusive of the foundation, show 33% or more of
damage or deterioration of the supporting member or members, or 50%
or more of damage or deterioration of the nonsupporting enclosing
or outside walls or covering.
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.
Those which have been damaged by fire, wind or other causes
so as to have become dangerous to life, safety, morals or the general
health and welfare of the occupants or the people of the Town of Alden.
Those which have become or are so dilapidated, decayed, unsafe
or unsanitary, or which so utterly fail to provide the amenities essential
to decent living, that they are unfit for human habitation or are
likely to cause sickness or disease, so as to work injury to the health,
morals, safety or general welfare of those living therein.
Those having light, air and sanitation facilities which are
inadequate to protect the health, morals, safety or general welfare
of human beings who live or may live therein.
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.
Those which have parts thereof which are so attached that they
may fall and injure members of the public or property.
Those which, because of their condition, are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the
people of this Town.
Those buildings existing in violation of any provision of any
local law or ordinance of this Town.
The following standards shall be followed in substance by the
Building Inspector in ordering repair, vacation or demolition:
A.
If the dangerous building can reasonably be repaired so that it will
no longer exist in violation of the terms of this chapter, it shall
be ordered repaired.
B.
If the dangerous building is in such condition as to make it dangerous
to the health, morals, safety or general welfare of its occupants,
it shall be ordered to be vacated.
C.
In any case where a dangerous building is 50% damaged or decayed
or deteriorated from its original value or structure, it shall be
demolished; and in all cases where a building cannot be repaired so
that it will no longer exist in violation of the terms of this chapter,
it shall be demolished. In all cases where a dangerous building is
a fire hazard existing or erected in violation of the terms of this
chapter or any ordinance or local law of the Town of Alden or any
law of the State of New York, it shall be demolished.
All dangerous buildings within the terms of this chapter are
hereby declared to be public nuisances, and shall be repaired, vacated
or demolished as hereinbefore and hereinafter provided.
The Building Inspector of the Town of Alden shall:
A.
Inspect or cause to be inspected semiannually all public buildings,
schools, halls, churches, theaters, hotels, motels, tenements, amusement
buildings, commercial buildings and manufacturing buildings for the
purpose of determining whether any conditions exist which render such
places a dangerous building within the terms of this chapter.
B.
Inspect any building, wall or structure about which complaints are
filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this chapter.
C.
Inspect any building, wall or structure reported, as hereinafter
provided for, as probably existing in violation of the terms of this
chapter.
D.
Notify in writing the owner, occupant, lessee, mortgagee, agent and
all other persons having an interest in said building as shown by
the land records of the County Clerk of Erie County, of any building
found by the Building Inspector to be a dangerous building within
the standards set forth in this chapter, that the owner must vacate,
repair or demolish said building in accordance with the terms of the
notice and this chapter; the occupant or lessee must vacate said building,
or may have it repaired in accordance with the notice and remain in
possession; the mortgagee, agent or other persons having an interest
in said building, as shown by the land records of the County Clerk
of Erie County, may at his own risk repair, vacate or demolish said
building or have such work or act done; provided that any person notified
under this subsection to repair, vacate or demolish any building shall
be given such reasonable time, not exceeding 30 days, as may be necessary
to do, or have done, the work or act required by the notice provided
for herein.
E.
Set forth in the notice provided for in Subsection D hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 30 days, as is reasonable.
G.
Appear at all hearings conducted by the Town Board and testify as
to the condition of dangerous buildings.
H.
Place a notice on all dangerous buildings reading as follows: "This
building has been found to be a dangerous building by the Building
Inspector of the Town of Alden. This notice is to remain on this building
until it is repaired, vacated or demolished in accordance with the
notice which has been given the owner, occupant, lessee, mortgagee
or agent of this building, and all other persons having an interest
in said building as shown by the land records of the County Clerk
of Erie County. It is unlawful to remove this notice until such notice
is complied with."
The Town Board of the Town of Alden shall:
A.
Upon receipt of a report of the Building Inspector as provided for
in this chapter hereof, give written notice to the owner, occupant,
mortgagee, lessee, agent and all other persons having an interest
in said building as shown by the land records of the County Clerk
of Erie County, to appear before the Town Board on the date specified
in the notice to show cause why the building or structure reported
to be a dangerous building should not be repaired, vacated or demolished
in accordance with the statement of particulars set forth in the Building
Inspector's notice provided for herein.
B.
Hold a hearing and hear such testimony as the Building Inspector
or the owner, occupant, mortgagee, lessee or any other person having
an interest in said building, as shown by the land records of the
County Clerk of Erie County, shall offer relative to the dangerous
building.
C.
Make written findings of fact from the testimony offered pursuant to Subsection B as to whether the building in question is a dangerous building within the terms hereof.
D.
Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building, as shown by the land records of the County Clerk of Erie County, to repair, vacate or demolish any building found to be a dangerous building within the terms of this chapter, provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said dangerous building; or any person not the owner of said dangerous building, but having an interest is said building, as shown by the land records of the County Clerk of Erie County, may demolish said dangerous building at his own risk to prevent the acquiring of a lien against the land upon which said dangerous building stands, by the Town, as provided in Subsection E hereof.
E.
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection D hereof within 10 days, the Town Board shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in this chapter, and shall, with the assistance of the Town Attorney, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien, or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner, provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of this Town, the Town Board shall notify the Town Attorney to take legal action to force the owner or make all necessary repairs or demolish the building.
The owner of any dangerous building who shall fail to comply
with any notice or order to repair, vacate or demolish said building
given by any person authorized by this chapter to give such notice
or order shall be guilty of a violation and, upon conviction thereof,
shall be fined a sum not exceeding $1,000 for each offense and a further
sum of $100 for each and every day such failure to comply continues
beyond the date fixed for compliance. The occupant or lessee in possession
who fails to comply with any notice to vacate and who fails to repair
said building in accordance with any notice given, as provided for
in this chapter, shall be guilty of a violation and, upon conviction
thereof, shall be fined a sum not exceeding $1,000 for each offense
and a further sum of $100 for each and every day such failure to comply
continues beyond the date fixed for compliance.
The Town Attorney of the Town of Alden shall:
A.
Prosecute all persons failing to comply with the terms of the notices provided for herein and the order provided for in § 115-7D.
B.
Appear at all hearings before the Town Board in regard to dangerous
buildings.
C.
Bring suit to collect all municipal liens, assessments or costs incurred
by the Town Board in repairing or causing dangerous buildings to be
vacated or demolished.
D.
Take such other legal action as is necessary to carry out the terms
and provisions of this chapter.
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous building as defined herein is immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the Town Board, and the Town Board shall cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in § 115-7E hereof.
In cases, except emergency cases, where the owner, occupant,
lessee or mortgagee is absent from the Town, all notices or orders
provided for herein shall be sent by registered mail to the owner,
occupant, mortgagee, lessee and all other persons having an interest
in said building, as shown by the land records of the County Clerk
of Erie County, to the last known address of each, and a copy of such
notice shall be posted in a conspicuous place on the dangerous building
to which it relates.
No officer, agent or employee of the Town of Alden shall render
himself personally liable for any damage that may accrue to persons
or property as a result of any act required or permitted in the discharge
of his duties under this chapter. Any suit brought against any officer,
agent or employee of the Town of Alden as a result of any act required
or permitted in the discharge of his duties under this chapter shall
be defended by the Town Attorney until the final determination of
the proceedings therein.
