This chapter shall be known as the "Unsafe Buildings Local Law of the
Town of Tully, 2002."
Unsafe buildings and structures pose a threat to life and property in
the Town of Tully. 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. 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 Tully by requiring
such unsafe buildings be secured or repaired or demolished and removed.
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 108 and 109 of the Property Maintenance Code
of New York.
Unless otherwise expressly stated, the following terms for the purpose
of this chapter have the meaning indicated in this section.
BUILDING
Any building, structure or portion thereof used for residential,
business, industrial or any other purpose.
STRUCTURE
A static construction of building materials set upon or affixed to
the ground or set upon or affixed to another structure, such as a building,
dam, display stand, gasoline pump, installed mobile home or trailer, reviewing
stand, shed, shelter, sign, stadium, storage bin, fence or wall.
UNSAFE BUILDINGS OFFICER
Such person as may be designated by the Town Board, by resolution,
or, if none is so designated, the Zoning Enforcement Officer for the Town
of Tully.
When the Unsafe Buildings Officer shall, on the basis of information
received by him or upon his own investigation, be of the opinion that a building
is or may become dangerous or unsafe to the general public; is open at the
doorways and windows, making is accessible to and an object of attraction
to persons under 18 years of age, as well as to vagrants and other trespassers;
is or may become a place of rodent infestation; presents any other danger
to the health, safety, morals and general welfare of the public; or is unfit
for the purposes for which it may lawfully be used, he shall cause or make
an inspection thereof and make a report, in writing, to the Town Board of
his findings and recommendations in regard to its repair or demolition and
removal.
The Town Board shall thereafter consider such report and, by resolution,
determine if in its option the report so warrants, that such building is unsafe
and dangerous and order its repair if the same can be safely repaired, its
securing or its demolition and removal and further order that a notice be
served upon the persons and in the manner provided herein.
The notice shall be served:
A. By personal service, within the Town of Tully, of a copy
thereof upon the owner, executor, administrator, agent, lessee or any person
having a vested or contingent interest in such building as shown by the records
of the Town Assessor or of the County Clerk; or by mailing to any of such
persons by certified or registered mail to his last known address as shown
by the records of the Town Assessor; and
B. By personal service of a copy of such notice upon any
adult person residing in or occupying said premises if such person can be
reasonably found upon the premises of the unsafe building; or by securely
affixing a copy of such notice upon the unsafe building.
A copy of the notice served as provided herein shall be filed in the
office of the County Clerk of the County of Onondaga.
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board after the hearing, the Town Board shall provide for the securing or repair or the demolition and removal of such building, either by Town employees or by contract. Except in an emergency as provided in §
118-13 hereof, any contract for securing or repair or demolition and removal of a building in excess of $20,000 shall be awarded through competitive bidding.
All expenses incurred by the Town in connection with the proceeding
to repair or secure or demolish and remove the unsafe building, including
the cost of actually securing, repairing or demolishing and removing such
building and legal fees and expenses, shall be assessed against the land on
which such building is located and shall be levied and collected in the same
manner as provided in the Town Law for the levy and collection of a special
ad valorem levy.
Any person who violates any provision of this chapter shall be guilty
of an offense against this chapter and shall be subject to a fine, for the
first week's continuation of such violation following service of notice as
provided herein or for any portion of that week, of not more than $250 or
to imprisonment for a period of not more than 15 days, or both such fine and
imprisonment. In addition, any person who violates any of the provisions of
this chapter or who shall omit, neglect or refuse to do any act required by
this chapter shall severally, for each and every such violation, forfeit and
pay a civil penalty not to exceed on $100 a day for each day of continued
violation in excess of the first week following service of notice as provided
herein. The imposition of penalties for any violation of this chapter shall
not excuse the violation or permit it to continue. The application of the
above penalty or penalties for any violation of this chapter shall not preclude
the enforced removal of conditions prohibited by this chapter.
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 is immediately repaired or secured or demolished and removed, the Town Board may, by resolution, authorize the Unsafe Buildings Officer to immediately cause the repair or securing or demolition of such unsafe building. The expense of such repair or securing or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in §
118-11 hereof.