[HISTORY: Adopted by the Town Board of the Town of Sardinia 7-12-2012 by L.L. No. 2-2012. Amendments noted where applicable.]
Abandoned and neglected properties can pose a safety hazard
to the public. The purpose of this chapter is to set forth the procedures
by which the Town can ensure that unsafe building and structures are
either repaired or demolished by the owner of the property on which
they are located, and in the event that the owner fails to do so,
for the Town to remove said building and structures and to recover
its expenses.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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, provisions regulating
unsafe structures in the Fire Code and the Property Maintenance Code
of New York State, as supplemented.
Whenever it appears to the Code Enforcement Officer that a building
or structure is so deteriorated or damaged, by any cause, and that
the building or structure has become, or is in danger or becoming,
dangerous or unsafe to the public, the Code Enforcement Officer shall
cause said building or structure to be inspected. The Code Enforcement
Officer may request, if appropriate, that the Town Board authorize
him/her to retain the services of a qualified engineer to assist the
Code Enforcement Officer in determining whether the structure is unsafe,
and what action should be taken to make the building or structure
sound, and/or whether the building or structure should be removed
and/or demolished.
If the Code Enforcement Officer finds that the condition of
the building or structure is such that it is dangerous or unsafe to
the public, he/she shall file a report with the Town Board stating
his conclusions and recommendations as to the actions required to
be taken to either make the building or structure safe and sound,
or that the building or structure should be removed and/or demolished.
Such report shall set forth the facts supporting the Code Enforcement
Officer's conclusions and recommendations.
A.Â
The Town Board, upon receipt of a report from the Code Enforcement
Officer, shall cause a notice to be served on the owner or some one
of the owner's executors, legal representative, agents, lessees
or any other person having a vested or contingent interest in the
same, either personally or by registered mail, addressed to the last
known address, if any, of the owner or some one of the owner's
executors, legal representative, agents, lessees, or any other person
having a vested or contingent interest in same, as shown by the records
of the receiver of taxes and/or in the office of the County Clerk
or county register.
B.Â
If service of the notice is by registered mail, a copy of said notice
shall be posted on the premises.
A.Â
A description of the premises.
B.Â
A statement of the particulars in which the building or structure
is unsafe or dangerous.
C.Â
An order requiring the same to be made safe and secure or removed
and a statement that the work required may be commenced immediately
and when it shall be completed.
D.Â
A statement that the Town Board will hold a hearing, at a specified
time and place, to determine if the Town shall repair, or otherwise
make safe and secure, or remove the building or structure and fill
any excavation in connection therewith if the order is not obeyed,
and for the assessment of all costs and expenses incurred by the Town
in connection with the proceedings to remove or secure, including
the costs of actually removing, said building or structure against
the land on which said building or structures are located.
A copy of the notice shall be filed in the Erie County Clerk's
office. The County Clerk shall file the notice in the same manner
as a notice of pendency pursuant to Article 65 of the Civil Practice
Law and Rules. When filed, the notice shall have the same effect as
a notice of pendency, except as otherwise provided in this section.
The notice shall be effective for a period of one year from the filing
date, unless earlier vacated by order of a Judge or Justice of a court
of record or upon the consent of the Town Attorney, as authorized
by the Town Board. Upon the filing of an order or consent vacating
the notice, the County Clerk shall mark the notice and any record
or docket thereof as cancelled of record.
There shall be a hearing before the Town Board, notice of which
and the time and place thereof to be specified in the notice to repair
or demolish.
Following the hearing, the Town Board shall provide for the
removal of any building or structure which the Town Board determines
to be unsafe, or take whatever other action the Town Board deems appropriate,
in its sole discretion, in the event that the owner fails or refuses
to repair or remove the same within the time provided.
The Town Board may assess all the costs and expenses incurred
by the Town in connection with the proceedings to remove or secure
a dangerous or unsafe building or structure, or other action take
it deems appropriate, including, without limitation, the costs of
actually removing said building or structure, against the land on
which said building or structure is located.
If, as a result of the inspection required under § 49-3, the Code Enforcement Officer determines that the condition found dangerous or unsafe constitutes an immediate hazard to persons or property, he/she may take any or all of the following actions:
B.Â
Close any street or sidewalk abutting the land involved or with the
area of immediate peril;
C.Â
Erect or cause to be erected temporary barricades, warning devices
or other temporary enclosures or structures; and/or
D.Â
Take such other action as he/she may deem necessary for the protection
of persons and other property from the risk of immediate injury.
Should any section or provision of this chapter be or be held
invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the validity of the chapter as a whole or any part
thereof other than said invalid or unconstitutional part.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person who violates any provisions of this chapter shall
be guilty of a violation and is subject to a fine of not more than
$250 or to imprisonment for a period of not more than 15 days, or
both such fine and imprisonment. Every day such violation exists shall
constitute a separate offense and be punishable as such hereunder.
The imposition of any penalty for a violation of this chapter shall
not excuse the violation or permit the same to continue.
