[HISTORY: Adopted by the Town Board of the Town of Perinton 5-27-1981 by L.L. No. 2-1981 (Ch. 57 of the 1976 Code). Amendments noted where applicable.]
This chapter shall be known as the "Unsafe Buildings Law of the Town of Perinton" and is authorized pursuant to § 130 of the Town Law of New York State.
Unsafe buildings pose a threat to life and property. Buildings and structures may become unsafe by reason of damage by fire, the elements, age or general deterioration. Vacant buildings not properly secured 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 Perinton by requiring that such unsafe buildings be repaired or demolished and removed.
[Amended 12-10-1997 by L.L. No. 6-1997; 2-24-2010 by L.L. No. 1-2010; 5-23-2012 by L.L. No. 1-2012; 2-24-2016 by L.L. No. 5-2016; 12-18-2019 by L.L. No. 2-2020]
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 purposes.
- BUILDING, DANGEROUS OR UNSAFE
- A building or structure which is structurally unsound, unsanitary or not provided with adequate ingress or egress or which constitutes a fire hazard or which has become unsafe by reason of damage by fire, the elements, age or general deterioration or which, in relation to an existing use, constitutes a hazard to public health, safety or welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment or which is otherwise dangerous to human life.
- DIRECTOR OF BUILDING AND CODES
- The Director of Building and Codes of the Town of Perinton or such other persons appointed by the Town Board to enforce the provisions of this chapter.
- VACANT BUILDING
- A building or structure shall be deemed to be vacant if no person or persons actually currently conduct a lawfully licensed business in any part of the building, or lawfully reside or live in any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupant(s), or tenant(s) on a permanent, nontransient basis. In determining whether a building is vacant, a Code Enforcement Official may consider these factors, among others:
- A. Whether the building is substantially devoid of contents or the minimal value of fixtures or personal property in the building;
- B. Whether the building lacks required utility services;
- C. Whether the building is subject to a foreclosure action;
- D. The duration of vacancy; and/or
- E. The presence or reoccurrence of code violations.
[Amended ; 2-24-2010 by L.L. No. 1-2010; 5-23-2012 by L.L. No. 1-2012; 12-18-2019 by L.L. No. 2-2020]
When in his own opinion 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 or an object of attraction to minors under 18 years of age or to vagrants or 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 Director of Building and Codes shall cause to be made or make an inspection thereof and report, in writing, to the Town Board his 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 description of the premises.
A statement of the particulars in which the building is unsafe or dangerous.
An order requiring the building to be made safe and secure or demolished and removed.
A statement that the securing or removal of such building shall commence within 10 days of the service of the notice and shall be completed within 30 days thereafter, unless for good cause shown such time shall be extended or reduced.
The time and place for a hearing to be held before the Town Board regarding the report and notice to repair or demolish.
The notice to repair or demolish shall be served on the owner or one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in said property, by personal service or by registered mail addressed to the last known address, if any, as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk or County Register. If service is made by registered mail, a copy of such notice shall be posted on the unsafe building.
A copy of the notice to remove or demolish shall be filed in the office of the County Clerk of the county within which such building or structure is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules of the State of New York, and shall have the same effect as a notice of pendency as therein provided. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the Town Attorney. The Clerk of the county where such notice is filed shall mark such notice and record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board within the time provided, the town shall remove such building or structure and assess all expenses incurred as hereinafter set forth.
Where it reasonably appears that there is present a clear and imminent danger to the 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 Commissioner of the Department of Public Works to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be assessed as hereinafter provided.
All costs and 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 or structure is located and shall be levied and collected in the same manner as provided in Article 15 of the Town Law of the State of New York for the levy and collection of a special ad valorem levy.