The removal or repair of buildings in business, industrial and
residential sections that from any cause may now be or shall hereafter
become dangerous or unsafe to the public.
A. Inspection and report. When in the opinion of the Codes Enforcement
Officer, who is hereby designated as the enforcement officer of this
chapter, any building or structure located in the Town shall be deemed
to be dangerous or unsafe to the public, the Codes Enforcement Officer
shall make a formal inspection thereof and report, in writing, to
the Town Board his findings and recommendations in regard to the building
or structure's removal or repair.
B. Notice; posting.
(1) The Town Board shall thereafter consider said report, and if it finds
from said report that there is grounds to believe that such buildings
are dangerous or unsafe to the public, the Town Board, by resolution,
shall order its removal or repair, if the same can be safely repaired,
and further order that a notice be served personally or by registered
mail upon the owner or representatives, agents, lessees or any other
person having a vested or contingent interest in the premises, as
shown by the last preceding assessment roll of the Town and/or by
the records of the County Clerk's office. If such service is made
by registered mail, a copy of the notice must be posted on the premises.
(2) A copy of such notice shall be filed in the office of the County
Clerk of the county within which such building or structure is located,
which notice shall be filed by such Clerk in the same manner as a
notice of pendency pursuant to Article 65 of the Civil Practice Law
and Rules and shall have the same effect as a notice of pendency as
therein provided, except as otherwise hereinafter provided. A notice
so filed shall be effective for a period of one year from the date
of filing; provided, however, that it may be vacated upon the order
of a judge or justice of a court of record or upon the consent of
the Town Attorney.
C. Contents of notice. The notice shall contain the following statements:
(1) A description of the premises.
(2) A statement of the particulars in which the building structure is
unsafe or dangerous.
(3) An order requiring the same to be made safe and secure or removed.
(4) That the securing or removal of said building or structure shall
commence within 30 days of the service of the notice and shall be
completed within 60 days thereafter.
(5) A notice of public hearing, time and place.
(6) The removal of such building or structure by the Town in the event
that such owner fails or refuses to repair or remove the same within
the time provided.
(7) That the land on which said buildings or structures are located will
be assessed for all costs and expense incurred by the Town in connection
with the proceedings to remove or secure, including the cost of actually
removing said building or structure.
D. Costs to become a lien. All costs and expenses incurred by the Town
in connection with the proceedings to remove or secure such building
or buildings, including the actual cost of repairing or removal, shall
be assessed upon the land upon which said building or buildings are
located. Such assessment shall be assessed on the next assessment
against such property, and the same shall be levied and collected
in the same manner as the regular Town tax.