[HISTORY: Adopted by the Town Board of the Town of Brant 1-9-1980
by resolution. Sections 73-1A and B, 73-2, 73-3A, 73-4 and 73-9 amended during
codification; see Ch. 1, General Provisions, Art. II. Other amendments noted
where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch.
69.
A.
In case there shall be, in the opinion of the Code Enforcement
Officer, actual and immediate danger of the falling of a building or structure
so as to endanger public safety, life or property or actual or immediate menace
to public health, public safety or public welfare as a result of the conditions
present in or about a building or structure, he or she shall cause the necessary
work to be done to render such building or structure temporarily safe, whether
the procedure prescribed in this chapter for unsafe or dangerous buildings
or structures has been instituted or not.[1]
B.
When emergency work is to be performed under this section,
the Code Enforcement Officer shall cause the owner thereof to be served, as
soon as practicable, personally or by registered mail, return receipt requested,
and, if served by registered mail, shall post on the premises, a notice to
comply containing a description of the premises, a statement of the facts
in which the structure is unsafe or dangerous and orders and directions to
correct said conditions which constitute an emergency within a specified period
not to exceed three days from actual or constructive receipt of the notice.[2]
C.
In the event that the emergency does not permit any delay
in correction, the notice shall state that the town has corrected the emergency
condition.
D.
In either case, the notice shall state that the corrective
costs of the emergency will be assessed against the owner pursuant to the
provisions of this chapter.
If the Code Enforcement Officer finds that there is actual and immediate
danger of failure to collapse so as to endanger life, such notice shall also
require the building, structure or portion thereof to be vacated forthwith
and not reoccupied until the specified repairs and improvements are completed,
inspected and approved by the Code Enforcement Officer. The Code Enforcement
Officer shall cause to be posted at each entrance to such building a notice
"This building is unsafe, and its use or occupancy has been prohibited by
the Building Department." Such notice shall remain posted until the required
repairs are made or demolition is completed. It shall be unlawful for any
person to remove such notice without written permission of the Code Enforcement
Officer, or for any person to enter the building except for the purpose of
making the required repairs or of demolishing the same.
A.
Upon the making of a survey report by the Code Enforcement
Officer that the building or structure is reported unsafe or dangerous to
the public, the Town Board may direct the Code Enforcement Officer to serve
a notice upon the owner and all other persons having an interest in such property
or structure, either personally or by registered mail, addressed to his or
her last known address as shown by the records of the Town Assessor and/or
in the office of the County Clerk, containing a description of the premises,
a statement of the particulars in which the building or structure is unsafe
or dangerous and an order of the Code Enforcement Officer requiring the same
to be repaired or removed and, if such service is made by registered mail,
for the posting of such notice on the premises.[1]
B.
Unless a hearing is requested as hereinafter provided,
such owner so served shall commence the repair or removal of such building
or structure within 30 days after service of such notice and complete the
same within a reasonable time as specified in the notice.
C.
A hearing shall be held before the Town Board at a time
and place specified in the notice to repair or demolish not sooner than two
weeks nor later than the date given to commence repair or removal, if the
owner requests the same at least one week before the scheduled date for the
hearing. If no hearing is requested, the order so served shall take effect
as provided in this notice. At no time shall there be any charge to the owner
for a requested hearing.
D.
At the hearing, the owner, the town and any other interested
parties may present witnesses and any other proof relating to the matters,
and all parties may appear in person or with their attorney.
E.
At the conclusion of the hearing, the Town Board shall
make a determination, in writing, and a copy of the same shall be served either
personally or by registered mail on all parties who appeared therein.
F.
The determination shall state whether the original order
is sustained, modified or reversed. If reversed, no further proceedings shall
be had.
G.
If the original order is sustained, in whole or in part,
the Town Board shall also include a supplemental order directing the owner
to proceed in accordance therewith and shall further specify that unless the
work is commenced within 10 days after service and completed within a reasonable
time thereafter, which the Town Board shall designate, the penalties hereinafter
provided shall be invoked.
Upon notification that the owner of the unsafe building or structure
has failed or refused to repair the unsafe building or structure within the
time specified in the final order, the Code Enforcement Officer shall report
the same to the Town Board. The Town Board may direct that the town shall
cause the repair or removal of the unsafe building. After the work has been
completed, the Code Enforcement Officer shall file with the Town Board a verified
statement of all the direct costs of the same, together with a charge of 50%
of such costs in addition thereto as compensation to the town for administering,
supervising and handling said work.
Upon receipt of the verified statement, the Town Board shall direct
that the amount thereof, including the charges added thereto, shall constitute
a lien against said premises and direct that the same shall be added to the
next assessment roll of general town taxes and shall be collected and enforced
in the same manner, by the same proceedings, at the same time and under the
same penalties as the general town tax and as a part thereof. In addition
thereto, interest shall run thereon from the date of filing the verified statement
to the date of actual payment at seven and one-half percent (7 1/2%)
per annum.
Notwithstanding any provision herein to the contrary, the town may at
its election institute suit against the owner of said premises for the direct
costs, together with a charge of 50% of such costs in addition thereto as
compensation to the town for administering, supervising and handling said
work and enter judgment thereon against the owner personally for the aforesaid
amount. The imposition and collection of any fine or penalty hereinafter prescribed
shall not bar the right of the town to collect the costs of the removal or
repair of any unsafe building or structure as herein prescribed.
The transfer of title by the owner of premises upon which an unsafe
building or structure is located shall be no defense to any proceedings under
this chapter.
Pursuant to the authority of the Municipal Home Rule Law § 10,
Subdivision 1, Paragraph (d), Subparagraph (3), the provision of Subdivision
16 of § 130 of the Town Law is modified and superseded in its application
to the Town of Brant so as to authorize the procedures and penalties specified
in this chapter.
Any person upon whom a notice is provided in this chapter has been served
who fails, neglects or refuses to place such unsafe building or structure
in a safe condition, as designated in such order, or who shall violate any
of the provisions of this chapter or orders given pursuant thereto or who
shall resist or obstruct the Code Enforcement Officer in carrying out the
provisions of this chapter shall be guilty of an offense and, upon conviction
thereof, be subject to a fine not exceeding $250 or imprisonment for not more
than 15 days, or both such fine and imprisonment. Each week in which such
violation continues shall constitute a separate offense.
