[HISTORY: Adopted by the Town Board of the Town of Albion 4-14-1989
by L.L. No. 1-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building code administration — See Ch. 58.
This chapter shall be known as the "Unsafe Buildings Ordinance of the
Town of Albion" and is promulgated pursuant to the authority contained in
§ 130, Subdivision 16, of the Town Law of the State of New York.
Unsafe buildings pose a threat to life and property in the Town of Albion.
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. Debris, rubble
or parts of buildings left on the ground and not removed constitute a dangerous,
unhealthy and unsightly condition. 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 Albion by requiring such unsafe buildings to be repaired or
demolished and removed.
As used in this chapter, the following terms shall have the meanings
indicated:
Any building, structure or portion thereof used for residential,
business, industrial, recreational or other purpose.
The Code Enforcement Officer of the Town of Albion or such other
person appointed by the Town Board to enforce the provisions of this chapter.
Any debris, rubble or parts of buildings which remain on the ground
or on the premises after demolition, reconstruction, fire or other casualty.
Any building or structure or portion thereof which:
Because of its structural condition, is or may become dangerous or unsafe
to the public.
Is open at the doorways or windows or walls, 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.
Consists of debris, rubble or parts of buildings left on the ground
after demolition, reconstruction, fire or other casualty.
Presents any other danger to the health, safety, morals and general
welfare of the public.
It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Town of Albion to maintain such building or structure or portion of such building or structure in any condition or manner which shall be unsafe as defined in § 40-3.
[Amended 10-1-1990 by L.L.
No. 4-1990]
When, in the opinion of the Code Enforcement Officer, any building or structure located in the Town of Albion shall be deemed to be dangerous or unsafe to the public, as defined in § 40-3, the Code Enforcement Officer shall make a formal inspection thereof, and may engage the services of such necessary personnel as needed to make a determination and recommendation regarding the building or structure. The cost of engaging necessary personnel, not exceeding $500, may be without prior approval of the Town Board. The cost of necessary personnel exceeding $500 shall be with Board approval. Upon completion of inspection, the Code Enforcement Officer shall make a report to the Town Board, and recommendations in writing in regard to the building's removal or repair.
The Town Board shall thereupon consider said report, and, if it finds
that such building or structure is dangerous and unsafe to the public, it
shall, by resolution, order its repair if the same can be safely repaired
or, if not, its removal and demolition and shall further order that a hearing
be held before the Town Board at a time and place therein specified and on
at least five days' notice to the owner of the building or structure or persons
having an interest therein to determine whether said order to repair or remove
shall be affirmed or modified or vacated and, in the event of modification
or affirmance, to assess all costs and expenses incurred by the Town in the
repair or removal of such building or structure against the land on which
said building or structure is located. Said order shall also provide that
the securing or removal of said building or structure shall commence within
30 days after service of notice and shall be completed within 60 days thereafter.
The notice shall contain the following statements:
A.
The name of the owner or person in possession as appears
from the tax and deed records.
B.
A brief description of the premises and its location.
C.
A description of the building or structure which is unsafe
or dangerous and a statement of the particulars in which it is unsafe or dangerous.
D.
An order requiring the same to be made safe and secure
or to be removed.
E.
That the securing or removal of said building or structure
shall commence within 30 days of the service of the notice and shall be completed
within 60 days thereafter.
F.
The time and place of the hearing to be held before the
Town Board, at which hearing the owner or occupant shall have the right to
contest the order and findings of the Town Board.
G.
That in the event that such owner, occupant or other
person having an interest in said premises shall fail to contest such order
and fail to comply with the same, the Town Board will order the repair or
removal of such building or structure by the Town, and that the Town will
assess all costs and expenses incurred in such removal against the land on
which such building or structure is located.
A.
A copy of said notice shall be personally served upon
the owner or some one of the owners, executors, legal representatives, agents,
lessees or other person having a vested interest in the premises as shown
on the Town tax records or in the records in the Orleans County Clerk's office.
B.
If no such person can be reasonably found for personal
service, then a copy of said notice shall be mailed to such person by registered
mail addressed to his last known address as shown on said records and by personally
serving a copy of said notice upon any adult person residing in or occupying
said premises or by securely affixing a copy of said notice upon said building
or structure.
C.
A copy of said notice shall be filed in the Orleans County
Clerk's office, which notice shall be filed in the same manner as a notice
of pendency pursuant to Article 65 of the Civil Practice Law and Rules 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. It may be vacated upon an order of a Judge or Justice of a court
of record or upon written consent of the Town Attorney of the Town of Albion.
The Orleans County Clerk shall mark such notice and any record or docket thereof
as canceled of record upon the presentation and filing of such consent or
of a certified copy of such order.
The Town Board shall conduct the public hearing at the time and place
specified in the notice to repair or demolish. It may adjourn the hearing
from time to time until all interested parties are heard and until the hearing
is completed. At the conclusion of the hearing, the Town Board shall determine
by resolution to revoke the order to repair or remove, modify said order or
continue and affirm said order and direct the owner or other persons to complete
the work within the time specified in the order or such other time as shall
be determined by the Town Board.
In the event of the refusal, failure or neglect of the owner or person
so notified to comply with said order of the Town Board within the time specified
in said order and after the public hearing, the Town Board shall provide that
such building or structure be made safe and secure or demolished and removed
by Town employees or by independent contractors. Except in emergency cases
as herein provided, any contract for repair or demolishing and removal of
a building or structure in excess of $5,000 shall be awarded through competitive
bidding.
[Amended 10-1-1990 by L.L.
No. 4-1990]
All expenses incurred by the Town in connection with the proceedings
to inspect, repair and secure or demolish and remove the unsafe building,
including public hearings, legal and publication expenses, and the cost of
actually removing such building shall be paid for by the landowner within
30 days of the completion of the action by the Town. The Town Clerk shall
notify the landowner in writing of the completion of the action, and the costs
and expenses, itemizing the charges. In the event that the landowner shall
not pay the costs and expenses within 30 days, the Town Attorney shall be
authorized to commence special proceedings against all landowners of record,
and the charges shall be assessed against the real property on which such
building is or was located, and may 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.
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 or structure is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 40-11 hereof.
