Any excavated lands and property located within the town which may now
be or which may hereafter become dangerous or unsafe to the public is hereby
declared a nuisance.
Any excavated lands and/or property alleged to be dangerous or unsafe
to the public shall be inspected by the Building Inspector, and the report
of such Inspector shall be filed with the Town Board.
The Town Board may cause a notice to be served on the owner of dangerous
or unsafe excavated lands or on the owner's executors, legal representatives,
agents, lessees or any other person having a vested or contingent interest
in the same, either personally or by certified mail, addressed to the last
known address, if any, of the owner or of the owner's executors, legal
representatives, agents, lessees or other person having a vested or contingent
interest in the same as shown by records of the receiver of taxes and/or in
the office of the County Clerk. If such service is made by certified mail,
a copy of such notice shall also be posted on the premises.
The notice provided for in §
61-3 shall contain a description of the premises, the time and place for a hearing date before the Town Board and an order requiring the excavated lands be filled in and a statement that any costs incurred by the town shall be assessed against such lands.
The Town Board shall provide, in the notice provided for in §§
61-3 and
61-4 for a period of 30 days within which the person so served with such notice shall fill in the excavated land or property.
There shall be a hearing before the Town Board, notice of which and
the time and place thereof to be specified in the notice to fill in, to determine
whether such excavated lands or property in fact constitute a hazard to public
safety nuisance.
The Town Board shall provide for the filling in of such excavated lands
or property by the town in the event that such owner fails or refuses to fill
in the same within the time provided.
The Town Board may assess all the costs and expenses incurred by the
town in connection with the proceedings to fill in dangerous or unsafe excavated
lands, including the costs of actually filling in said excavated lands, against
said lands.
Upon completion of any assessment by the Town Board, stating therein
the name of each owner and the amount so assessed, the Town Supervisor shall
certify such assessment and shall cause the amount stated therein to be levied
against such property and any uncollected assessment shall be a lien upon
the land affected.
Any such assessment shall be levied and collected at the same time and
in the same manner as other town taxes.