[HISTORY: Adopted by the Clarkson Town Board 5-11-1982
by L.L. No. 2-1982. Amendments noted where applicable.]
Unsafe buildings and structures pose a threat to life and property in
the Town of Clarkson. 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 Clarkson by requiring
such unsafe buildings to be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Building Law of the Town
of Clarkson."
A.
B.
This chapter shall be interpreted in such a way wherever
possible so that the meanings of the words and phrases and sections herein
shall make them valid and legal in their effect.
Whenever the requirements of this chapter are at variance with the requirements
of other lawfully adopted rules, regulations or ordinances or this chapter
itself, the most restrictive provisions or those imposing the highest standards
shall govern.
The following words or phrases, as used in this chapter, are defined
as follows:
Any structure having a roof and intended for the shelter, housing
or enclosure of persons, animals or chattel.
The Building Inspector of the Town of Clarkson, or such other person
appointed by the Town Board to enforce the provisions of this chapter.
A lot, plot or parcel of land, including the buildings or structures
thereon.
A building or anything constructed, erected or placed above or below
ground, other than a walk, driveway and plant life, which requires temporary
or permanent location on or the support of the soil or which is attached to
any structure.
When, in the Building Inspector's opinion or upon receipt of information
that a building is or may become dangerous or unsafe to the general public;
is open at the doorways and windows making it accessible to and an object
of attraction to minors 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 and general welfare of the public;
or is unfit for the purposes for which it may lawfully be used, the Building
Inspector shall cause or make an inspection thereof and report, in writing,
to the Town Board his findings and recommendations in regard to its securing,
repair or demolition and removal.
The Town Board shall thereafter consider such report and by resolution
determine, if, in its opinion, the report so warrants, that such building
is unsafe and dangerous and order its securing and repair if the same can
be safely repaired or its demolition and removal and further order that a
notice be served upon the persons and in the manner provided herein. The Town
Board may, at its discretion, appoint a licensed architect, a builder or a
professional engineer to assist it in its determination. Such person or persons
shall be paid reasonable compensation as shall be fixed by the Town Board.
The notice shall contain the following:
A.
A description of the premises, including the street number
and tax account number.
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 the securing 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.
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, repair or demolish and remove the 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.
A.
By personal service of a copy thereof upon the owner,
executor, administrator, agent, lessee or any person having a vested or contingent
interest in such unsafe building as shown by the records of the Receiver of
Taxes or of the County Clerk or, if no such person can be reasonably found,
by mailing to such owner, by registered mail, a copy of such notice directed
to his last known address as shown by the above records;
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; and
C.
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 Monroe.
In the event of 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 securing or the demolition and removal of such building or structure either by Town employees or by contract. Except in emergency as provided in § 48-13 of this chapter, any contract for demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding.
All expenses incurred by the Town in connection with the proceedings
to repair and secure or demolish and remove the unsafe building, including
the cost of actually removing such building, 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 Article 15 of the Town Law for the levy and
collection of a special ad valorem levy.
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 and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 48-12.
