The Town Board of the Town of Chenango believes
that it should provide, by ordinance, for the repair or destruction
of buildings in the Town which are dangerous or unsafe to the public,
in order to protect the health, safety and general welfare of the
inhabitants of the Town. It therefore hereby enacts this chapter,
pursuant to § 130, Subdivision 16, of the Town Law, to provide
for the removal or repair of buildings that from any cause may now
be or shall hereafter become dangerous or unsafe to the public.
At any time the Town Board, by resolution, may
direct an appropriate Town employee or hire a competent person to
inspect any structure in the Town and report to the Town Board whether
the structure is dangerous or unsafe to the public. The words "dangerous
or unsafe to the public" shall be broadly construed for the maximum
protection of the inhabitants of the Town.
Emergency cases where it reasonably appears
that there is present clear and imminent danger to the life, safety
or health of any person or property unless an unsafe building is immediately
repaired or 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 expense of such repair or
demolition shall be charged against the land on which it is located
and shall be assessed, levied and collected as hereinafter provided.
[Amended 5-5-2014 by L.L. No. 2-2014]
A. All expenses incurred by the Town in connection with the proceeding
to repair, secure, demolish or 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 for the levy and collection of a special ad valorem levy.
B. In addition to the penalties hereinabove provided, all expenses shall
include all expenses and costs incurred by the Town for attorneys'
fees, engineering fees, consultant fees and/or court or litigation
costs to enforce the provisions of this chapter and shall be an expense
and obligation of the owner of the property, including its individual
officers, managers, partners, members, and shareholders, and, alternatively
or in conjunction herewith, shall be assessed and levied upon the
real property as a lien and charge until paid or otherwise satisfied
or discharged and shall be collected otherwise by the institution
of a special proceeding to collect the costs hereinabove.
In any case where a building is repaired and
secured or taken down and removed pursuant to proceedings had under
this chapter (where such work is being done by the owner of the property
or by some third party at the direction of the owner or of the Town),
the site of such work shall be left in a safe condition. There shall
be removed from such site any and all broken glass, rubble, metal
and any accumulation of combustible material. Furthermore, all open
excavations shall be filled and/or graded in such a manner so that
they are not actually or substantially hazardous to the health or
safety of others.
Should any section or provision of this chapter
be or be held invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the validity of the chapter as a whole or any part
thereof other than said invalid or unconstitutional part.
This chapter shall take effect immediately subject
to provisions of the Town Law as to posting and publication.