[HISTORY: Adopted by the Town Board of the Town of Cazenovia 5-12-1969 by L.L. No. 1-1969. Amendments noted where applicable.]
Building construction and fire prevention— See Ch. 61.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any building, house, garage, store, or any other structure or appurtenance thereto regardless of ownership, purpose or use.
- UNSAFE BUILDING
- Includes any business, industrial or residential building which is in such an unsafe, collapsed, deteriorated or hazardous condition as to be dangerous and unsafe to the public.
The Code Enforcement Officer or other official appointed by the Town Board shall inspect buildings within the Town to determine whether they are or may be unsafe.
The official described in § 66-2 shall inspect those buildings which he is informed and reasonably believes to be unsafe and shall report his findings and conclusions to the Town Board.
It shall be misdemeanor to molest or interfere with the inspecting officer while he is inspecting a building pursuant to § 66-3.
Upon notification that a building is unsafe, the Board shall cause a notice to be served on the owner or owners of the building or, if they are not known or cannot with due diligence be served, upon any other person or persons, as set out in § 130, Subdivision 16(b) of the Town Law of the State of New York.
Service shall be made either personally or by registered mail addressed to the last known address of the owner or other person who may be served pursuant to § 66-5, except that where service is made by registered mail, a copy of the notice shall also be posted on the premises in question in a prominent place.
The notice shall contain:
Where service is made personally, the owner or other person responsible for the maintenance and repair of the building shall have 10 days within which to commence repair or removal of the unsafe building. Where service is other than personal the period shall be extended to 20 days. Such repair or removal shall proceed with diligence, and the Town Board may set a reasonable time for completion.
If the owner or other person responsible neglects to commence repair or removal within the time stated in § 66-8 or fails to proceed diligently or fails to complete the work within a reasonable time, the Board shall have a survey made of the premises by an inspector and an architect appointed by the Board.
Notice shall be made to the person notified pursuant to § 66-5 that a survey will be made, stating the time when it will be made and informing the person notified that he may appoint a practical building engineer or architect as a surveyor.
The notice provided for in § 66-10 shall also state that in the event the building shall be reported unsafe or dangerous under such survey, an application will be made at a special term of the Supreme Court in the Judicial District in which the property is located for an order determining the building to be a public nuisance and directing that it shall be repaired or removed.
The surveyors appointed under §§ 66-9 and 66-10 shall deliver three copies of a written report to the Town Board which shall be signed by them. They may write separate reports if they so wish but each report shall state whether the premises are unsafe within the meaning of this chapter and shall state upon what facts this conclusion is made. A copy of the survey report shall be posted on the premises.
In cases of great emergency, where the delay of proceedings as hereinbefore provided would result in probable loss of life or property, the Town Board shall have the power to proceed at once to take such action as is needed to guard the safety of persons and property. In such cases, the Town Board shall have the full power and authority to provide all necessary means therefor, and all expenses therefor shall be paid and collected as provided in § 66-14 hereof and in Article 5, § 78-b of the General Municipal Law of the State of New York.
Costs and expenses incurred by the Town in connection with the proceedings, including the costs of actually removing or repairing said building, shall be computed by the Town Clerk and assessed against the land on which the building is located.