[HISTORY: Adopted by the Town Board of the Town of Brighton 1-13-1993.
Amendments noted where applicable.]
GENERAL REFERENCES
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.
A description of the premises.
B.
A statement of the particulars in which the building
is unsafe or dangerous.
C.
An order requiring the building to be made safe and secure
or demolished and removed.
D.
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]
E.
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.
