[HISTORY: Adopted by the Town Board of the
Town of Holland 7-13-1988 by L.L. No. 2-1988; amended in its entirety 9-11-2002 by L.L. No.
2-2002. Subsequent amendments noted where applicable.]
A.
Appointment.
(1)
The Public Officer, who shall be appointed for a term
of one year, will be confirmed by the Holland Town Board.
(2)
The Assistant Public Officer, who shall be appointed
for a term of one year, will be confirmed by the Holland Town Board,
and, when so appointed, he or she shall exercise all of the powers
prescribed for the Public Officer at the direction of the Public Officer
or in the event of the disability or temporary absence of the Public
Officer.
B.
Duties. The Public Officer is hereby authorized to
exercise such powers as may be necessary or convenient to carry out
and effectuate the purposes and provisions of this chapter, including
the following powers, in addition to others herein granted:
(1)
To investigate the building conditions in the Town
in order to determine which buildings therein are unfit for human
habitation, occupancy or use.
(2)
To enter upon premises for the purpose of making examinations,
provided that such entries shall be made in such a manner as to cause
the least possible inconvenience to the persons in possession.
Whenever a notice to remedy has been served
upon the owner of property or at least five residents of the Town
of Holland have filed a complaint charging that any building is unfit
for human habitation, or occupancy or use and the Public Officer shall
have investigated such complaint and determined that the building
is unfit for human habitation, occupancy or use, said officer shall
file an information with the Town of Holland Justice Court for the
issuance of an appearance citation.
Upon the filing of a complaint by the Public
Officer with the Town Board charging that a building is unfit for
human habitation, or occupancy or use, the following procedure is
hereby adopted:
A.
A notice is to be served upon the owner or someone
of the owner's executors, legal representatives, agents, lessees,
or any other person having a vested or contingent interest in same,
either personally or by registered mail, addressed to the last known
address, if any, but if the whereabouts of such person is unknown
and the same cannot be ascertained by the Public Officer in the exercise
of reasonable diligence and the Public Officer shall make an affidavit
to that effect, then the serving of the complaint or order upon these
persons may be made by publishing the same once in a newspaper printed
and published in the Town or, in the absence of the newspaper, in
one printed and published in the County of Erie and circulated in
the Town.
B.
The notice shall set forth the time within which the
person served with such notice may commence the securing or removal
of buildings or structures. 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 repair or demolish.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
A filing of a copy of such notice in the office of
the County Clerk of the County of Erie within which such building
or structure is located.
D.
If the Town Board shall determine after such notice
and hearing that the building under such consideration is unfit for
human habitation, occupancy or use, the Public Officer shall state
in writing the findings of fact of the Town Board in support of the
determination and shall issue and cause to be served upon the owner
thereof and parties of interest an order as follows:
(1)
Requiring the repair, alteration or improvement of
the building to be made by the owner, within a reasonable time, which
time shall be set forth in the order or, at the option of the owner,
to vacate or have the building vacated and closed within the time
set forth in the order.
(2)
If the building is in such a condition as to make
it dangerous to the health and safety of persons on or near the premises
and the owner fails to repair, alter or improve the building within
the time specified in the order, then the owner shall be required
to remove or demolish the building within a reasonable time, as specified
in the order of removal.
If the owner fails to comply with an order to
repair, alter or improve or, at the option of the owner, to vacate
and close the building, the Town Board may cause the building to be
repaired, altered or improved or to be vacated and closed, with an
assessment of all costs and expenses incurred by the Town in connection
with the proceeding to remove or secure, including the cost of actually
removing said building or structure, against the land on which said
building or structures are located.
The Public Officer may determine that a building
is unfit for human habitation, occupancy or use if he or she finds
that conditions exist in the building which are dangerous or injurious
to the health and safety of the occupants of the building, the occupants
of neighboring buildings or other residents of the Town. Such conditions
may include the following, without limiting the generality of the
foregoing:
A.
Defects therein increasing the hazards of fire, accident
or other calamities.
B.
Lack of adequate ventilation, light or sanitary facilities.
C.
Dilapidation, disrepair, structural defects or uncleanliness.
D.
Lack of proper maintenance, i.e. high grass causing
breeding grounds for mosquitoes, rodents, etc.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
In cases where it reasonably appears that there is a clear and
present danger to the life, health or safety of any person, unless
a dangerous or unsafe building is immediately repaired or demolished,
the Town Board may cause its immediate repair or demolition or that
it be otherwise secured. An assessment of all costs and expenses incurred
by the Town shall be charged against the land upon which such building
is located.
[Amended 11-14-2007 by L.L. No. 2-2007]
For violation of any provision of this chapter,
the maximum penalty shall be a fine of $500 and/or 15 days in jail.
Each and every violation of any provision of this chapter shall be
considered as a separate violation and shall subject the person so
charged to the maximum penalty.
