[HISTORY: Adopted by the Town Board of the Town of Lewiston 4-25-2019 by L.L. No. 2-2019. Amendments noted where applicable.]
The purpose of this chapter is to protect the health, safety
and welfare of the people in the Town of Lewiston from any dangers
resulting from unsafe or dilapidated buildings and structures.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof.
The Building Inspector of the Town of Lewiston or such other
person appointed by the Town Board to enforce the provisions of this
chapter.
A.
The Building Inspector shall perform or cause to be performed an
inspection when he/she determines or receives information that a building:
(1)
Is or may become dangerous or unsafe;
(2)
Is open at the doorways, windows, walls, roof, foundation, or any
other openings, making it accessible to and an object of attraction
to youth, vagrants or other trespassers;
(3)
Is or may become a place of rodent or wildlife infestation;
(4)
Is unfit for the purposes for which it may lawfully be used; or
(5)
Presents any other danger to the health, safety, morals and/or general
welfare of the public.
B.
The Building Inspector shall thereafter prepare and file in his office
a report of said inspection. If the Building Inspector determines
that further action is warranted, he shall deliver said report with
such determination to the Town Board of the Town of Lewiston and make
recommendations regarding the building's repair, demolition or
removal.
C.
Any report delivered to the Town Board for further action shall contain
at a minimum:
(1)
A detailed description of the premises and of the deficiencies, structural
or otherwise, rendering the building dangerous or unsafe.
(2)
Where possible, photographs depicting the dangerous or unsafe conditions.
(3)
Analysis showing what measures might be taken to render the building
safe and the feasibility of such measures.
(4)
Any other pertinent information concerning the condition of the building
or the dangers posed by it.
The Town Board shall consider such report and by resolution
determine, if in its opinion the report so warrants, that such building
is unsafe or dangerous and order its repair or its demolition and
removal. The Town Board shall further cause service of such notice
with order in the manner provided herein.
The contents of the notice shall include the following:
A.
A description of the premises;
B.
A statement of the particulars in which the building is dangerous
or unsafe;
C.
An order requiring the building to be made safe and secure or demolished
and removed, including specifics outlining the manner in which the
structure is to be made safe and secure or demolished and removed;
D.
A statement that the securing or removal of such building shall commence
within 30 days after service of the notice and shall be completed
within 60 days after service of the notice, unless for good cause
shown such time shall be extended;
E.
A statement containing the date, time and place for a hearing before
the Town Board regarding said dangerous or unsafe building;
F.
A statement that in the event of neglect or refusal to comply with
the order to secure or demolish and remove the building, the Town
Board is authorized to provide for securing the building and/or its
demolition and removal, to assess all expenses thereof against the
land on which it is located, and to institute a special proceeding
to collect the costs of securing or demolition, including legal expenses;
G.
A statement that maintenance of a building in a dangerous or unsafe
condition constitutes a violation punishable by fine and/or imprisonment.
The notice with order shall be served in the following manner:
A.
A copy of the notice shall be served on the owner or some one of
the owner's executor, administrator, agent, lessee, or any person
having a vested or contingent interest in such unsafe building, either
personally or by registered mail. If served by registered mail, the
notice shall be addressed to the last known address, if any, of the
owner or some one of the owner's executors, legal representatives,
agents, lessees or other person having a vested or contingent interest
in same as shown by the records of the Town Assessor or of the Niagara
County Clerk.
B.
Personal service of a copy of such notice with order upon any adult
person residing in or occupying said premises if such person can be
reasonably located;
C.
Securely affixing a copy of such notice with order upon the unsafe
building; and
D.
Filing a copy of the notice with order in the office of the Niagara
County Clerk.
If after the hearing is conducted the Town Board finds that
the determination that the building is dangerous or unsafe was in
error, or if it is shown that actions have been taken to render the
building safe, the Town Board may rescind or modify its previous order.
The owner or the owner's executors, legal representatives,
agents, lessees, or any other person having a vested or contingent
interest in said building shall commence the satisfactory repair or
removal of the structure within 30 days after service of the notice
and complete repair or removal within 60 days after service of the
notice, unless such time is extended for good cause.
In the event of the refusal or neglect of the person so notified
to comply with said order of the Town Board and after the hearing,
the Town Board shall provide for the security and/or demolition and
removal of such building or structure either by Town employees or
by contract.
All expenses incurred by the Town in connection with the proceedings
to repair and secure or demolish and remove the dangerous or unsafe
building, including the cost of actually removing such building, and
all reasonable and necessary legal expenses incidental thereto shall,
at the option of the Town Board, either:
A.
Be assessed against the land on which such building is located and
shall be levied and collected in the same manner as provided in Article
15 of the Town Law for the levy and collection of a special ad valorem
levy; or
B.
Be collected by commencement of a special proceeding against the
owner of said dangerous or unsafe building or structure pursuant to
General Municipal Law § 78-b.
Where it reasonably appears that there is present a clear and imminent danger to life, safety or health of any person or property unless an unsafe building is immediately repaired and secured or demolished, the Town Supervisor may authorize the Building Inspector, other Town employees, or outside contractors to immediately cause the repair or demolition of such dangerous or unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 325-10 hereof.
Where it appears to the Building Inspector that a building is dangerous or unsafe and that immediate action is necessary to protect the public, he may take immediate action to secure the premises, including boarding up unsecured entry points and/or installing fencing. Such measures shall be the minimum necessary to protect persons, including youth and trespassers from bodily danger. The expenses of such measures shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 325-10 hereof.
In addition to the civil remedies provided for herein, any person refusing or neglecting to comply with the order of the Town Board as set forth in § 325-4, after service of the notice as set forth in § 325-6, shall be guilty of a violation and shall, upon conviction thereof, be subject to a fine of not more than $250 and/or to imprisonment of not more than 15 days, and each week of refusal or neglect to comply shall constitute a separate offense. This section shall not apply to persons who are notified solely because they are tenants or occupants, except that it shall apply to tenants occupying said building pursuant to a lease exceeding one year in duration.
The provisions of this chapter are not exclusive and are additional
to any actions that may be brought for code violations or otherwise
under the law.
