The following terms are specific to this article:
IMMINENT DANGER
This term shall bear the same meaning as "imminent danger"
that is defined in the Uniform Code.
UNSAFE CONDITIONS
This term shall bear the same meaning as "unsafe conditions"
that is defined in the Uniform Code.
UNSAFE EQUIPMENT
This term shall bear the same meaning as "unsafe equipment"
that is defined in the Uniform Code.
UNSAFE STRUCTURE
This term shall bear the same meaning as "unsafe structure"
that is defined in the Uniform Code.
No owner of equipment and/or structure, including a portion
thereof, located within this Town shall allow and/or permit such equipment
and/or structure now or hereafter to be or become unfit for human
occupancy and/or unsafe from any cause whatsoever.
If the Code Enforcement Officer determines that unsafe equipment
and/or an unsafe structure is an imminent danger, this officer shall
take the following additional/alternative action(s):
A. In cases of imminent danger, posting of the placard mandated by the
Uniform Code is permitted without first providing the owner the opportunity
to be heard by the Town Board. However, the order to remedy shall
inform the owner of his/her/their right to request a post-action hearing.
The owner shall request this hearing within 30 calendar days of the
date of such order.
B. Submit a written report to the Town Board of the imminent danger
of such equipment and/or structure.
The hearing prescribed in this Part
5 shall be conducted by the Town Board. The Code Enforcement Officer shall present his/her/their written report to this Board. The owner or his/her/their representative, if present, shall call such witnesses as he/she/they deems necessary. The Town Board shall make written findings of fact from the testimony offered as to whether the equipment and/or structure in question is unfit for human occupancy, unsafe equipment and/or unsafe structure.
The Town Attorney shall file a copy of the order to remedy at
the office of the County Clerk upon directive of the Town Board. This
order shall be filed in the same manner as a notice of pendency pursuant
to Article 65 of the Civil Practice Law and Rules of NYS, as currently
in effect and as hereafter amended from time to time, or any successor
rules, regulations, or statutes, 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.
In addition to the procedures provided in this Part
5, the Town Board may request the Town Attorney to make an application to the Supreme Court of NYS for an order determining the structure unfit for human habitation, unsafe equipment and/or unsafe structure to be a public nuisance and directing that such equipment and/or structure be demolished, repaired and/or secured.
All expenses incurred by the Town in connection with the proceedings
to demolish, repair and/or secure a structure unfit for human habitation,
unsafe equipment and/or an unsafe structure, including the cost of
actually demolishing, repairing and/or securing such equipment and/or
structure, and all reasonable and necessary legal expenses incidental
thereto, shall, at the opinion of the Town Board, either:
A. Be assessed against the land on which said equipment and/or structure
is located and shall be collected pursuant to Subdivision 16 of § 130
of the Town Law of NYS, as currently in effect and as hereafter amended
from time to time, or any successor rules, regulations, or statutes;
or
B. Commence a special proceeding against the owner of said equipment
and/or structure pursuant to § 78-b of the General Municipal
Law of NYS, as currently in effect and as hereafter amended from time
to time, or any successor rules, regulations, or statutes.