Town of Brighton, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brighton 1-13-1993. Amendments noted where applicable.]
Property maintenance — See Ch. 129.
Unsafe buildings or structures pose a threat to life and property. Buildings and structures may become unsafe by reason of damage by fire, the elements, age or general deterioration. Vacant buildings or structures not properly secured 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 or structure 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 Brighton by requiring that such unsafe buildings or structures be repaired or demolished and removed.
As used in this chapter, the following terms shall have the meaning indicated:
A structure wholly or partially enclosed within exterior walls, or within exterior party walls, and roof, affording shelter to persons, animals or property.
The Commissioner of Public Works or designee of the Town of Brighton or such other persons appointed by the Town Board to enforce the provisions of this chapter.
An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings.
When, in his or her opinion or upon receipt of information that a building or structure is or may become dangerous or unsafe to the general public or an object of attraction to juveniles under 16 years of age or to vagrants or other trespassers; is or may become a place of rodent infestation; presents any other danger to the health, safety, morals and general welfare of the public; or is unfit for the purposes for which it may lawfully be used, the Commissioner of Public Works or designee shall cause or make an inspection thereof and report, in writing, to the Town Board the findings and recommendations about its repair or demolition and removal. Said report also may include additional reports from the Town Engineer or an architect registered in the State of New York.
The Town Board shall thereafter consider such report or reports and by resolution determine if, in its opinion, the report or reports warrant that such building or structure is unsafe and dangerous and order its repair or its demolition and removal, and further order that the notice be served upon the persons and in the manner provided herein.
The notice shall contain the following:
A description of the premises.
A statement of the particulars in which the building is unsafe or dangerous.
An order requiring the building to be made safe and secure or demolished and removed.
A statement that the securing or removal of such building shall start within 10 days after the date of the public hearing and shall be completed within 30 days thereafter.
[Amended 6-25-1997 by L.L. No. 4-1997]
The time and place for a hearing to be held before the Town Board regarding the report(s) and notice to repair or demolish.
The notice to repair or demolish shall be served on the owner or one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in said property, by personal service or by certified mail, return receipt requested, addressed to the last known address, if any, as shown by the records or the Receiver of Taxes and/or in the office of the Monroe County Clerk. A copy of said notice shall be posted on said building or structure.
A copy of the notice to remove or demolish shall be filed in the office of the Monroe 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 by the State of New York and shall have the same effect as a notice of pendency as therein provided. A notice so filed shall be effective for 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 Clerk of the county where such notice is filed shall mark such notice and record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
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 Commissioner of Public Works or designee to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition shall be assessed as hereinafter provided.
The town shall be reimbursed for all costs of work performed or services rendered by assessment and levy on the real property on which such violation occurred, including but not limited to the cost of actually removing said building or structure. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other town charges.