[HISTORY: Adopted by the Town Board of the Town of Boston 12-31-1990
by L.L. No. 10-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building code administration — See
Ch. 57.
Any building or structure located within the Town which may now be or
which may hereafter become dangerous or unsafe to the public is hereby declared
to be a nuisance.
Any building alleged to be dangerous or unsafe to the public shall be
inspected by the Code Enforcement Officer or the Deputy Code Enforcement Officer,
and the report of the officer shall be filed with the Town Board. Any building
constructed without a building permit or any building for which a building
permit has expired and which has not been renewed is hereby declared to be
an unsafe building.
The Town Board may cause a notice to be served on the owner of a dangerous
or unsafe building or some one of the owner's executors, legal representatives,
agents, lessees or any other person having a vested or contingent interest
in the same, either personally or by registered mail, addressed to the last
known address, if any, of the owner or some one of the owner's executors,
legal representatives, agents, lessees or other person having a vested or
contingent interest in the same, as shown by the records of the receiver of
taxes and/or in the office of the County Clerk. If such service be made by
registered mail, a copy of such notice shall also be posted on the premises.
The notice provided for in § 47-3 shall contain a description
of the premises, a statement of the particulars in which the building or structure
is unsafe or dangerous and an order requiring the same to be made safe and
secure or removed.
The Town Board shall provide for the filing of a copy of a notice in
the office of the Erie County Clerk, which notice shall be filed by such Clerk
in the same manner as a notice of pendency pursuant to Article 65 of the Civil
Practice Law and Rules and shall have the same effect as a notice of pendency
as therein provided, except as otherwise hereinafter provided in this section.
A notice so filed shall be effective for a period of one year from the date
of filing; provided, however, that it may be vacated upon the order of a judge
or justice of a court of record or upon the consent of the Town Attorney.
The Erie County Clerk shall mark such notice and any record or docket thereof
as canceled of record upon the presentation and filing of such consent or
of a certified copy of such order.
There shall be a hearing before the Town Board, notice of which and
the time and place thereof to be specified in the notice to repair or demolish.
The notice of the hearing referred to in § 47-7 shall be served
upon the owners and such person having an interest in the property or structure
as is described in the notice.
The Town Board shall provide for the removal of such building or structure
by the Town in the event that such owner fails or refuses to repair or remove
the same within the time provided.
The Town Board may assess all the costs and expenses incurred by the
Town in connection with the proceedings to remove or secure a dangerous or
unsafe building or structure, including the costs of actually removing said
building or structure, against the land on which said building or structure
is located.
