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.
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.
[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.
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.
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.