Town of Clay, NY Article II Alternate or Additional Procedures

§ 86-12 Emergency work.

A. In case there shall be, in the opinion of the Commissioner of Planning and Development, actual and immediate danger of the falling of a building or structure so as to endanger public safety, life or property, or actual or immediate menace to health or public welfare as a result of the conditions present in or about a building or structure, he shall cause the necessary work to be done to render such building or structure temporarily safe, whether the procedure prescribed in this chapter for unsafe or dangerous buildings or structures has been instituted or not.

B. When emergency work is to be performed under this section, the Commissioner of Planning and Development shall cause the owner thereof to be served personally or by registered mail, return receipt requested, and if served by registered mail shall post on the premises a notice to comply containing a description of the premises, a statement of the facts in which the structure is unsafe or dangerous, and orders and directions to correct the said conditions which constitute an emergency within a specified period not to exceed three days from actual or constructive receipt of the notice.

C. In the event the emergency does not permit any delay in correction, the notice shall state that the Town has corrected the emergency condition.

D. In both cases, the notice shall state that the corrective costs of the emergency will be assessed against the owner, and will include any legal fees and an administrative fee, pursuant to the provisions of this chapter. Said administrative fee shall be in the amount as shown in Chapter 105, Fees.

[Amended 8-20-2012 by L.L. No. 2-2012]

§ 86-13 Enumeration of alternate or additional procedures.

Pursuant to the authority and powers granted in the Statute of Local Governments, particularly Subdivision 5 of Section 10 thereof, the following alternate or additional procedures may be followed:

A. Upon the making of a survey report by the Commissioner of Planning and Development that the building or structure is reported unsafe or dangerous to the public, the Town Board may direct the Commissioner of Planning and Development to serve a notice upon the owner, and all other persons having an interest in such property or structure, either personally or by registered mail, addressed to his last known address as shown by the records of the Town Assessor and/or in the office of the County Clerk, containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order of the Commissioner of Planning and Development requiring same to be repaired or removed; and if such service is made by registered mail, for the posting of such notice on the premises.

B. Such owner so served shall commence the repair or removal of such building or structure within 30 days after service of such notice.

C. A hearing shall be held before the Commissioner of Planning and Development at a time and place specified in the notice to repair or demolish not sooner than two weeks nor later than the date given to commence repair or removal, if the owner requests same at least one week before the scheduled date for the hearing. If no hearing is requested, the order so served shall take effect as provided in the notice.

D. At the hearing, the owner, the Town, and any other interested parties may present witnesses and any other proof relating to the matters and all parties may appear in person or with their attorneys.

E. At the conclusion of the hearing, the Commissioner of Planning and Development shall make a determination in writing and a copy of same shall be served either personally or by registered mail on all parties who appeared therein.

F. The determination shall state whether the original survey report is sustained, modified or reversed. If reversed, no further proceeding shall be had.

G. If the original survey is sustained, in whole or in part, the Commissioner of Planning and Development shall also include an order directing the owner to proceed in accordance therewith and shall further specify that unless the work is commenced within 10 days after service and completed within a reasonable time thereafter, which the Commissioner of Planning and Development shall designate, the penalties hereinafter provided shall be invoked.

§ 86-14 Removal or repair of unsafe or dangerous building or structure.

Upon notification that the owner of the unsafe building or structure has failed or refused to repair the unsafe building or structure within the time specified in the final order, the Commissioner of Planning and Development shall report same to the Town Board. The Town Board may direct that the Town shall cause the repair or removal of the unsafe building. After the work has been completed, the Commissioner of Planning and Development shall file with the Town Board a verified statement of all the direct costs of same, together with a charge of 50% in addition thereto as compensation to the Town for administering, supervising and handling said work.

§ 86-15 Assessment and lien.

[Amended 8-20-2012 by L.L. No. 2-2012]

Upon receipt of the verified statement, the Town Board shall direct that the amount thereof including the charges added thereto, including any legal fees and an administrative fee, shall constitute a lien against said premises and direct that the same shall be added to the next assessment roll of general Town taxes and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties, as the general Town tax and as a part thereof. In addition thereto, interest shall run thereon from the date of filing the verified statement to the date of actual payment at 7 1/2% per annum. Said administrative fee shall be in the amount as shown in Chapter 105, Fees.

§ 86-16 Personal liability.

Notwithstanding any provision herein to the contrary, the Town may at its election institute suit against the owner of the said premises for the direct costs, together with a charge of 50% in addition thereto as compensation to the Town for administering, supervising and handling said work, and enter judgement thereon against the owner personally for the aforesaid amount. The imposition and collection of any fine or penalty hereinafter prescribed shall not bar the right of the Town to collect the costs of the removal or repair of any unsafe building or structure as herein prescribed.

§ 86-17 Completion of work.

The failure of the owner to complete the repairs or to remove the unsafe building or structure as specified in the final notice of the Commissioner of Planning and Development shall subject the owner to the same procedure and penalties as herein set forth.