All buildings or structures which are structurally unsafe, unsanitary
or not provided with adequate egress or which constitute a fire hazard
or are otherwise dangerous to human life or which, in relation to
existing use, constitute a hazard to safety or health by reason of
inadequate maintenance, dilapidation, obsolescence or abandonment
are, severally, for the purpose of this chapter, designated unsafe
buildings. All such unsafe buildings are hereby declared to be illegal
and shall be abated by repair and rehabilitation or by demolition
in accordance with the procedures in this chapter.
The Code Enforcement Officer shall examine or cause to be examined
every building reported as unsafe or damaged and shall make a written
record of such examination.
In the event that the owner of the unsafe building or, as the case may be, the owner's executor, legal representative, agent, lessee or other person having a vested or contingent interest in the same fails, neglects or refuses to comply with a written notice, the Town Board shall conduct the hearing at the time and place specified in said notice. At said hearing, the Town Board shall receive testimony and other such evidence as may be presented to it on the issue of whether the building in question is unsafe as described in §
40-1 of this chapter. The owner or other person having interest in the building shall be given full opportunity to be heard at said hearing, but failure of such person to appear shall not prevent the Town Board from conducting the hearing or taking action as a result of said hearing. If, after hearing the evidence, the Town Board determines that said building is unsafe, it may direct the Code Enforcement Officer to cause said building to be made safe and secure by such repairs or other measures which may reasonably be necessary, or to be demolished and removed and the land upon which it is located cleared of debris and all excavations filled and graded.
In cases of emergency which, in the opinion of the Code Enforcement
Officer, involve imminent danger to human life or health, he shall
promptly cause such building, structure or portion thereof to be made
safe or removed. For this purpose, he may at once enter such structure
or land on which it stands, or abutting land or structures, with such
assistance and at such cost as may be necessary. He may vacate adjacent
structures and protect the public by appropriate barricades or such
other means as may be necessary and, for this purpose, may close a
public or private way.
All costs and expenses, including an administrative charge in
the amount of 20%, which shall incorporate, among other expenses,
legal fees and insurance costs incurred, under this chapter shall
be initially paid out of Town funds and shall be charged to and reimbursed
by the owner of the premises involved, and collected in the manner
provided by law, or shall be assessed against the land on which said
building is or was located, at the same time and in the same manner
as general Town taxes. The remedy set forth in this chapter, including
the collection of costs and expenses as provided for in this section,
shall be in addition to the remedies and penalties set forth elsewhere
in this chapter, the Building Code of New York State or otherwise
available to the Town by law.
Any person who shall fail to comply with a written order of
the Code Enforcement Officer within the time fixed for compliance
therewith and any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents or any other person taking
part or assisting in the construction or use of any building who shall
knowingly violate any of the applicable provisions of this chapter
or any lawful order, notice, directive or permit of the Code Enforcement
Officer made thereunder shall be punishable by a maximum fine of $1,000
or maximum imprisonment of six months, or both, and each day that
a violation continues shall be a separate offense.
Appropriate actions and proceedings may be taken by law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to the remedies set forth elsewhere in this chapter and the penalties prescribed in §
40-8, or those prescribed in the Building Code of New York State.
The transfer of title by the owner of the premises upon which
an unsafe or dangerous building is located shall be no defense to
any proceedings under this chapter.
If any paragraph, section, sentence or a portion of a sentence
of this chapter shall be found and determined to be invalid, unlawful
and/or unconstitutional, such determination shall not invalidate or
void any other paragraph, section, sentence or portion thereof, and
such other parts thereof shall remain in full force and effect until
legally revoked, modified and/or amended.