[HISTORY: Adopted by the Town Board of the
Town of Henrietta 1-7-1981. Amendments noted where applicable.]
[Added 2-18-2015 by L.L.
No. 1-2015]
The provisions of this chapter shall be in addition to, and
in furtherance of, the New York State Uniform Fire Prevention and
Building Code, including but not limited to Sections 107 and 108 of
the Property Maintenance Code of New York State.
[Amended 6-20-2001 by L.L. No. 3-2001; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
When, in the opinion of the Fire Marshal and/or Building Inspector
or authorized designee thereof, any structure located therein shall
be deemed to be unsafe or dangerous to the public, he shall make a
formal inspection thereof and report in writing to the Town Board
of the Town of Henrietta his findings and recommendation in regards
to its removal or repair.
[Amended 6-20-2001 by L.L. No. 3-2001]
Said Town Board shall thereafter consider said
report and by resolution determine, if in its opinion the report so
warrants, that said structure or building is unsafe and dangerous
and order its removal or repair, if the same can be safely repaired,
and further order that a notice shall be given to the person or corporation
who or which owns said structure or building in the manner as hereinafter
set forth.
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 outlining the manner in which the building
is to be made safe and secure or demolished and removed.
D.
A statement that a securing/repair or removal of such
building shall commence within 30 days of the service of the notice
and shall be completed within 60 days thereafter, unless for good
cause shown such time shall be extended.
[Amended 2-18-2015 by L.L. No. 1-2015]
E.
A date, time and place for a hearing before the Town
Board in relation to such dangerous or unsafe building, which hearing
shall be scheduled not less than five business days from the date
of service of the notice.
F.
A statement that in the event of neglect or refusal
to comply with the order to secure or demolish and remove said building
the Town Board is authorized to provide for its demolition and removal,
to assess all expenses thereof against the land on which it is located
and to institute a special proceeding to collect the costs of demolition,
including legal expenses.
Said notice shall be served in the following
manner: by personal service of a copy thereof upon the owner or some
one of the owner's executors, legal representatives, agents, lessees
or any other person having a vested or contingent interest in the
premises as shown by the last preceding completed assessment roll
of the Town of Henrietta or, if no such person can be reasonably found,
by mailing such owner by registered mail a copy of such notice directed
to his last known address and, if served by registered mail, by posting
a copy of such notice on the premises.
A copy of the notice served as provided herein
shall be filed in the office of the County Clerk of the County of
Monroe.
In the event of the refusal or neglect of the
person so notified to comply with said order of the Town Board and
after the hearing, the Town Board shall provide for the repair or
demolition or removal of such building or structure, as the case may
be, either by Town employees or by contract.
[Added 2-18-2015 by L.L.
No. 1-2015; amended 6-26-2019 by L.L. No. 5-2019]
In the event that a structure suddenly becomes unsafe or a hazard
to the general public, such as in the case of a fire, flood, tornado,
earthquake, or other similar event, the Town shall notify the building
owner to secure the building and/or premises in such a manner as to
make it safe. If the owner or a property manager is not available
or is unwilling to comply, the Fire Marshal and/or Building Inspector,
or his or her designee, shall have the authority to have the building
or premises secured in a manner so as to make the building or premises
safe. The building owner shall be responsible for all costs associated
with securing said property. This provision will also be applicable
in the case of structures that have become unsafe or hazardous to
their occupants only.
All costs and expenses incurred by the Town
in connection with the proceedings to remove or secure said buildings
or structures shall either be assessed against the land on which said
buildings or structures are located or may be recovered by the Town
Board in a civil action pursuant to the provisions of the General
Municipal Law.
