[HISTORY: Adopted by the Town Board of the
Town of Lockport 4-5-2000 by L.L.
No. 1-2000. Amendments noted where applicable.]
Unsafe buildings pose a threat to life and property
in the Town of Lockport. Buildings and structures may become unsafe
by reason of damage by fire, the elements, age or general deterioration.
Vacant buildings not properly secure at doorways and windows also
serve as an attractive nuisance for young children who may be injured
therein, as well as a point of congregation by vagrants and transients.
A dilapidated building may also serve as a place of rodent infestation,
thereby creating a health menace to the community. It is the purpose
of this chapter to provide for the safety, health protection and general
welfare of persons and property in the Town of Lockport by requiring
that such unsafe buildings be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings
Law" of the Town of Lockport.
As used in this chapter, the following terms
shall have the meanings indicated:
Any building, structure or portion thereof used for residential,
business or industrial purpose.
The Building Inspector of the Town of Lockport or such other
person appointed by the Town Board to enforce the provisions of this
chapter.
[Amended 12-3-2003 by L.L. No. 6-2003]
A.
The Building Inspector may cause or make an inspection
of a building when the Building Inspector determines, in his/her own
opinion, or receives information that a building:
(1)
Is or may become dangerous or unsafe to the general
public;
(2)
Is open at the doorways and windows, making it accessible
to and an object of attraction to minors under 18 years of age, as
well as to vagrants and other trespassers;
(3)
Is or may become a place of rodent infestation;
(4)
Presents any other danger to the health, safety, morals
and general welfare of the public; or
(5)
Is unfit for the purposes for which it may lawfully
be used.
B.
If the Building Inspector determines that further
action is warranted, he shall report in writing to the Town Board
of the Town of Lockport his/her findings and recommendations in regard
to its repair or demolition and removal.
The Town Board shall thereafter consider such
report and by resolution determine, if in its opinion the report so
warrants, that such building is unsafe and dangerous and order its
repair if the same can be safely repaired or its demolition and removal
and further order that a notice be served upon the persons and in
the manner provided herein.
The notice shall contain the following:
A.
A description of the premises;
B.
A statement of the particulars in which the building
is unsafe or dangerous;
C.
An order outlining the manner in which the building
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 of the service of the notice and shall
be completed within 60 days thereafter unless, for good cause shown,
such time shall be extended;
E.
A date, time and place for a hearing before the Town
Board in relation to such dangerous or unsafe building, which hearing
shall be scheduled not less than five business days from the date
of service of the notice;
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
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;
and
G.
A statement that maintenance of a building in a dilapidated
or unsafe condition constitutes a violation punishable by fine and/or
imprisonment.
The notice shall be served by:
A.
Personal service of a copy thereof upon the owner,
executor, administrator, agent, lessee, or any person having a vested
or contingent interest in such unsafe building as shown by the records
of the Town Receiver of Taxes (or Tax Collector) or of the County
Clerk or, if no such person can reasonably be found, by mailing such
owner by registered mail a copy of such notice directed to his/her
last known address as shown by the above records;
B.
Personal service of a copy of such notice upon any
adult person residing in or occupying said premises if such person
can be reasonably found; and
C.
Securely affixing a copy of such notice upon the unsafe
building.
A copy of the notice served as provided herein
shall be filed in the office of the County Clerk of the County of
Niagara.
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.
All expenses incurred by the Town in connection
with the proceedings to repair and secure or demolish and remove the
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 § 130 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 unsafe or dangerous 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 Board may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such 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 § 67-10 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 § 67-6, after service of the notice as set forth in §§ 67-7 and 67-8, 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.
