The purpose of this chapter is to promote, protect and preserve
the health, welfare and property of residents and owners of property
within the Town by providing for the removal or repair of buildings,
residences and structures therein that from any cause may now be or
shall hereafter become dangerous, unsafe, a public nuisance or a fire
hazard to the public.
The Building Inspector of the Town is hereby authorized to enter
onto any of the premises in the Town, whether public or private, for
the purpose of inspection whenever said Building Inspector is reasonably
sure that any building on the premises is dangerous, unsafe, a public
nuisance or a fire hazard to the public or in the proper discharge
of his duties.
The inspection report of any dangerous, unsafe or collapsed
building shall be in writing and notice shall be served. "Unsafe Building"
signs shall be posted and an order to remedy shall be issued to the
owner of such building. If the owner fails to correct the violation(s),
it will be considered an offense and the owner will be issued an appearance
ticket for Town Justice Court.
A signed copy of the survey provided for in §
51-5 shall be posted on a building condemned hereunder.
All costs and expenses incurred by the Town in connection with
proceedings to remove or secure a building or structure, including
the cost of actually removing such building or structure, shall be
assessed against the land on which said building or structure is located
and shall be and become a lien on said land as of the date of such
assessment. The lien of the Town for such costs and expenses shall
have priority over all other liens and encumbrances, except the liens
of taxes and assessments which constitute prior liens.
The remedies of the Town as herein set forth shall not be exclusive,
but the Town shall have any other and further remedy at law or otherwise,
by injunction or otherwise, now existing under the laws of the State
of New York, and any and all such remedies shall be deemed cumulative,
and the pursuit of any remedy shall not be construed as an election
or waiver of the right to pursue any and all others.
In the event that any provision of this chapter is construed
to be in contravention of the laws of the State of New York, the state
law will control.
A violation of this chapter is hereby declared to be an offense,
punishable by a fine not exceeding $350 or imprisonment for a period
not to exceed six months, or both, for conviction of a first offense;
for conviction of a second offense, both of which were committed within
a period of five years, punishable by a fine not less than $350 nor
more than $700 or imprisonment for a period not to exceed six months,
or both; and upon conviction for a third or subsequent offense, all
of which were committed within a period of five years, punishable
by a fine not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both. However, for the purpose
of conferring jurisdiction upon courts and judicial officers generally,
violations of this chapter shall be deemed misdemeanors, and, for
such purpose only, all provisions of law relating to misdemeanors
shall apply to such violations. Each week's continued violation
shall constitute a separate additional violation.