[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.
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.
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.
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:
Whether the building is substantially devoid of contents or
the minimal value of fixtures or personal property in the building;
Whether the building lacks required utility services;
Whether the building is subject to a foreclosure action;
The duration of vacancy; and/or
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.
A description of the premises.
B.
A statement of the particulars in which the building
is unsafe or dangerous.
C.
An order requiring the building to be made safe and
secure or demolished and removed.
D.
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.
E.
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.
