[HISTORY: Adopted by the Town Board of the Town of Bristol 12-14-1981. Amendments noted where applicable.]
This chapter shall be known as the "Unsafe Buildings and Collapsed
Structures Ordinance of the Town of Bristol."
When, in the opinion of the Building Inspector, any structure
located in the Town shall be deemed to be unsafe or dangerous to the
public, he/she shall make a formal inspection thereof.
If the Building Inspector shall find that any building or structure,
or portion thereof, is unsafe or dangerous to the public, he/she shall
order its removal or repair if the same can be safely repaired by
serving a notice to abate upon the owner or one of the owner's executors,
legal representatives, agents, lessees or other person having a vested
or contingent interest in the structure.
The notice mentioned in § 131-3 shall contain the following:
A.
The location of the structure;
B.
A description of the premises;
C.
A statement setting forth the particulars in which the structure
is unsafe or dangerous:
D.
An order that the structure be made safe and secure or removed;
E.
That the securing or removal of the structure shall commence within
15 days of the mailing or service of notice and be completed within
30 days thereafter;
F.
That, in the event of neglect or refusal by the owner or other party
interested in the structure to secure or remove the structure, a hearing
will be held before the Town Board at a time and place designated
in the notice;
G.
Should the Town Board find that said structure is unsafe, the Town
Board may order the removal or securing of said structure;
H.
That the land on which the structure is located will be assessed
for all costs and expenses incurred by the Town in connection with
any proceeding to remove or secure the structure, including the cost
of actually removing said building or structure, or that the expenses
incurred will be recovered in a civil action against the owner pursuant
to New York Municipal Law 78-b.
The notice mentioned in § 131-3 shall be served in the following manner:
A.
By personal service to the owner or some one of the owner's executors,
legal representatives, agents, lessees or other persons having a vested
or contingent interest in the structure; or
B.
By registered mail, addressed to the last-known address of any of the people specified in Subsection A above, as shown by the records of the receiver of taxes or by the records in the office of the County Clerk. If such service be made by registered mail, a copy of such notice shall be posted on the premises.
A copy of the notice to abate shall be filed in the Office of
the Ontario County Clerk by the Town Clerk of the Town of Bristol.
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 demolition and removal of such
building or structure either by Town employees or by contract. Any
contract for demolition and removal of a building in excess of $5,000
shall be awarded through competitive bidding.
All costs and expenses incurred by the Town in connection with
any proceedings to remove or secure, including the cost of actually
removing said structure, shall be assessed and levied against the
land on which the structure stands in the next tax levy on property
in the Town or, in the alternative, in the discretion of the Town
Board, be recovered in a civil action against the owner of the property.
Should any section or provision of this chapter be held invalid
in any court, such decision shall not affect the validity of this
chapter as a whole or any part thereof other than the specific section
or provision so held to be invalid.
This chapter shall take effect immediately upon its passage,
publication and posting of notice of adoption thereof, as prescribed
by law.
