[HISTORY: Adopted by the Town Board of the
Town of Hamburg 4-10-1972 by L.L. No. 5-1972. Amendments noted where
applicable.]
GENERAL REFERENCES
Building Code — See Ch.
76.
This chapter shall be known as the "Unsafe Buildings
and Collapsed Structures Law" of the Town of Hamburg.
This chapter is adopted for the purpose of promoting
the health, safety and general welfare of the people of the Town of
Hamburg, including the protection and preservation of property of
the town and its inhabitants in all matters relating thereto by providing
for the removal or repair of a collapsed structure or building within
the Town of Hamburg.
A. When, in the opinion of the official appointed by
the Town Board of the Town of Hamburg for the purposes of enforcing
this chapter, any structure located within the Town of Hamburg 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 Hamburg his findings and recommendation in regard to
its removal or repair.
B. 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 owner of the structure and the property on which the structure is located (hereinafter the "owner") in the manner herein as provided in §
80-3C.
[Amended 8-9-2010 by L.L. No. 5-2010]
C. Prior to repairing, securing or demolishing such unsafe
building or structure either by Town employees or pursuant to a contract,
the Town Board shall notify the owner in writing of the estimated
cost of such work at the address of the property and at the address
as indicated on the assessment roll of the Town of Hamburg by depositing
a true copy of the same enclosed in a postpaid, properly addressed
wrapper in a post office official depository under the exclusive care
and custody of the United States Postal Service within the State of
New York. Such notice shall state the date, time and place where the
Town Board, or its designees, shall hold a public hearing on the condition
of the property which requires repairing, securing or demolishing
such structure and on the amount of such estimated cost and that the
owner may appear before the Town Board, or its designees, to contest
or object to the repairing, securing or demolishing of such structure
and/or the estimated cost of same. Such hearing shall be held not
less than 20 days after serving of such notice. After such hearing
the Town Board, or its designees, shall render its findings and order
and serve a copy of same on the owner by certified mail: however,
any increase in the estimated cost shall require another public hearing
on like notice of the increased amount. After the Town Board, or its
designees, shall determine the final amount of costs, the Town Board
shall adopt a resolution levying the same upon the land on which the
unsafe building or structure is located.
[Added 8-12-1996 by L.L. No. 8-1996;
amended 8-9-2010 by L.L. No. 5-2010
[Amended 8-12-1996 by L.L. No. 8-1996; 8-9-2010 by L.L. No.
5-2010]
In the event of the neglect or refusal of the
person(s) so notified to comply with said order of the Town Board,
or its designees, the Building Inspector shall:
A. Deliver a
notice of the scheduled date of repair, securing or demolition of
the structure to the owner by certified mail, and advising the owner
to remove all items of personal property, etc., and vacate the premises
on or before that date.
B. A signed
copy of such notice shall be posted on said structure.
C. Proceed
with the repair, securing or demolition of the structure as directed
by order of the Town Board, and/or its designees.
All costs and expenses incurred by the town
in connection with the proceedings to remove or secure, including
reasonable attorneys' fees, costs of inspectors, architects, practical
builders, engineers and/or surveyors, and the cost of actually removing
said building or structure, shall be assessed against the land on
which said building or structure is located.
In case there shall be, in the opinion of the
Building Official, actual and immediate danger of the falling of a
building or structure so as to endanger life or property, he may cause
the necessary work to be done to render said building or structure,
or part thereof, temporarily safe, whether the procedure prescribed
in this law has been instituted or not.
When a building or structure is in such unsafe
condition that life is endangered thereby, the Building Official may
order and require the inmates and occupants to vacate the same forthwith.
He may, when necessary for the public safety, temporarily close sidewalks,
streets, buildings, structures and places adjacent to such building
or structure and prohibit the same from being used.
For the purposes of this chapter, the Building
Official may employ such laborers and materials as may be necessary.
The Town Attorney shall institute appropriate
actions against the owner of premises where the unsafe building or
structure was located for the recovery of costs incurred by the Building
Official in the performance of emergency work.
Every owner, tenant or other person who maintains
or uses any building, structure or premises in, upon or by which any
provision of this chapter is violated, shall for each and every violation
be subject to a penalty of not exceeding $50, and in addition thereto,
every person violating any of the provisions of this chapter shall
be and hereby is declared to be a disorderly person, and such violation
is hereby declared to be disorderly conduct, and may be proceeded
against and punished as a disorderly person; whenever such person
or persons shall have been notified by due and proper notice that
he is committing such violation, after such notification such continued
violation shall constitute a separate offense punishable by a like
fine or penalty.
The imposition of the penalties herein prescribed
shall not preclude the Town Attorney from instituting an appropriate
action or proceeding to prevent an unlawful maintenance or use, or
to restrain, correct or abate a violation, or to prevent the occupancy
of any building, structure or premises.
This chapter shall take effect immediately,
upon filing with the Secretary of State and the Department of Audit
and Control.