The purpose of this chapter is to provide for 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.
When in the opinion of the Code 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 Code Enforcement Officer shall make a
formal inspection thereof and report in writing to the Town Board
his or her findings and recommendations in regard to the building's
or structure's removal or repair.
A.
The Town Board shall thereafter consider said report, and if it finds
from said report that there is ground to believe that such building
or structure is 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 shall be served
personally upon or by certified mail to the owner or someone of the
owner's executors, legal representatives, agents, lessees or
any other person having a vested or contingent interest in the premises,
as shown by the records of the Receiver of Taxes and/or by the records
of the Onondaga County Clerk's Office.
B.
If no such person can be reasonably found or served, then by mailing
a copy of such notice to such person or corporation at their last
known address and by securely posting a copy of such notice upon said
premises.
A.
Contents
of notice. The said notice shall contain the following statements:
(1)
A description of the premises.
(2)
A statement of the particulars of why the building or 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 the said building or structure shall
commence within 30 days of the service of the notice and shall be
completed within 60 days thereafter.
B.
Notice
of hearing. Such notice shall further provide that in case the owner
and such persons having an interest in the property or structure as
herein prescribed wish to contest the order, that a hearing will be
held before the Town Board at a time and place specified, and that
in the event such owner or persons having an interest shall fail to
contest such order and fail to comply with same, the Town Board will
order the repair or removal of such building or structure by the Town
and that the Town will assess all costs and expenses incurred by the
Town in the removal of such building or structure, including the cost
of actually removing such building or structure and the cost of professional
fees incurred in effectuating such removal, against the land on which
such building or structure is located.
A.
A copy of the notice served in accordance with § 96-3 shall be filed in the Onondaga County Clerk's Office, 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.
B.
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.
The Onondaga County Clerk shall mark such notice and any record or
docket thereof as canceled of record upon the presentation and filing
of such consent or of a certified copy of such order.
A.
At
the time and date specified in the notice to repair or demolish, the
Town Board shall conduct the public hearing. It may adjourn from time
to time until the hearing is completed and until all interested parties
are heard.
B.
At
the conclusion of the hearing, the Town Board shall issue a final
order determining whether to revoke its original order to repair or
remove; or continue said order and direct the owner and other persons
to complete the work within a specified time which shall be reasonable
as to the time needed to perform the work and the necessity to protect
the general public.
In the event the owner and persons in interest shall fail to
comply with the final order of the Town Board to make such building
safe and secure or removed, the Town Board shall order such building
or structure to be made safe and secure or removed and assess all
the costs and expense, including the cost of actually removing such
building or structure and the cost of professional fees incurred in
effectuating such removal, against the land on which such building
or structure is located at the same time and in the same manner as
general Town taxes.