When in the opinion of the Code Enforcement Official or upon
receipt of information that a building is or may become dangerous
or unsafe to the general public; 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; is
or may become a place of rodent infestation; presents any other danger
to the health, safety, morals and general welfare of the public; or
is unfit for the purposes for which it may lawfully be used, the Code
Enforcement Official shall cause or make an inspection thereof and
report, in writing, to the Town Board his or 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 make safe and/or secure or demolish and remove the building,
the Town Board is authorized to provide for its demolition and removal,
to make it safe and secure, to assess all expenses thereof against
the land on which it is located and to institute a special proceeding
to collect the costs of demolition or repairs, including legal expenses.
The notice shall be served by 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 buildings as
shown by the records of the Receiver of Taxes (or Tax Collector) or
of the County Clerk or, if no such person can be reasonably found,
by mailing such owner by registered mail a copy of such notice directed
to his or her last known address as shown by the above records; by
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;
or by 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 Monroe.
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 repair or demolition and removal of such building or structure either by Town employees or by contract. Except in emergency as provided in § 104-15 hereof, any contract for repair or demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding.
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, shall be assessed against
the land on which such building is located and shall be levied and
collected in the same manner as provided in Article 15 of the Town
Law, as amended or changed, for the levy and collection of a special
ad valorem levy. Nothing herein shall be construed to limit other
remedies available to the Town under applicable law.
A.
In emergency situations, the Code Enforcement Official is authorized
to cause such actions as to mitigate the imminent danger until the
Town Board may by resolution authorize the Code Enforcement Official
to immediately cause the repair or demolition of such unsafe building.
B.
The expense of such repair or demolition shall be a charge against the land on which it is located and shall be assessed and collected as provided in § 104-14 hereof.
C.
When, after proper notification to the owner of record or his legal
representative, a vacant building is not secured on the first and
lower floors at the doors, windows and similar openings, the Code
Enforcement Official can order such building secured to remove the
accessibility to minors under 18 years of age, as well as to vagrants
and other trespassers. The expense of such repair or demolition shall
be a charge against the land on which it is located and shall be assessed
and collected.
