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Town of Berne, NY
Albany County
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[HISTORY: Adopted by the Town Board of the Town of Berne 11-6-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 87.
This chapter shall be known as the "Unsafe Buildings and Collapsed Structures Ordinance of the Town of Berne."
When, in the opinion of the Building Inspector, any structure or building 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 his findings and recommendations in regard to its removal or repair.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Town Board shall thereafter consider the report and by resolution determine, if in its opinion the report so warrants, that the structure or building is unsafe and dangerous and order its removal (or repair if the same can be safely repaired) and further order that notice shall be given to the persons and in the manner provided herein.
The notice shall contain the following:
A. 
A description of the premises.
B. 
A statement of the particulars in which the structure or building is unsafe or dangerous.
C. 
An order requiring the same to be made safe and secure or removed.
D. 
That the securing or removal of the structure or building shall commence within 30 days of the serving of the notice and shall be completed within 60 days thereafter.
E. 
That in the event of neglect, failure or refusal to commence to secure or remove the structure or building within 30 days of the serving of the notice or to complete such securing or removal within 60 days of the serving of the notice, that the Town will proceed to secure or remove the structure or building and that the land on which said structure or building is located will be assessed for all costs and expense incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said structure or building.
F. 
Notice of the date, time and place of a hearing before the Town Board at which hearing the owner or other person specified in § 91-5A may appear to show cause why the notice and resolution of the Town Board should be rescinded, extended or modified and such other relevant and material information as such owner or other person may desire.
The notice shall be served and filed as follows:
A. 
A copy of the notice shall be served upon the owner or some one of the owners, executors, legal representatives, agents, lessees, or any other person having a vested or contingent interest in the premises as shown by records of the Town Receiver of Taxes or the Albany County Clerk.
B. 
The notice shall be served upon one of the persons set forth in Subsection A above either by:
(1) 
Personal delivery; or
(2) 
Registered mail to the last known address and by securely affixing a copy of such notice upon the building or structure.
C. 
The notice shall be filed in the office of the Albany County Clerk in accordance with the requirements of the Town Law.
The Town Board shall hold a hearing at which the owner or other person specified in § 91-5A may appear to show cause why the notice and resolution of the Town Board should be rescinded, extended or modified and such other relevant and material information as such owner or other person may desire. Following such hearing, the Town Board shall make a determination as to whether the building or other structure is a public nuisance and, if the Town Board so finds, directing that it shall be repaired and secured or taken down and removed.
All costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, shall be assessed against the land on which said buildings or structures are located.