The purpose of this chapter is to provide for
the removal or repair of buildings in business, industrial and residential
sections that, from any cause, may now be or shall hereafter become
dangerous or unsafe to the public.
[Added 7-25-2006 by L.L. No. 1-2006 (Res. No. 141-2006)]
The provisions of this chapter shall be in addition
to, and in furtherance of, the New York State Uniform Fire Prevention
and Building Code, including but not limited to, Sections 108 and
109 of the Property Maintenance Code of New York State.
When in the opinion of the Code Enforcement
Officer, who is hereby designated as the enforcement officer of this
chapter, any building or structure located in the Town shall be deemed
to be dangerous or unsafe to the public, the Code Enforcement Officer
shall make a formal inspection thereof, and report in writing to the
Town Board his or her findings and recommendations in regard to the
building's or structure's removal or repair.
A.
The Town Board shall thereafter consider said report
and if it finds from said report that there is ground to believe that
such building or structure is dangerous or unsafe to the public, the
Town Board, by resolution, shall order its removal or repair, if the
same can be safely repaired, and further order that a notice shall
be served personally upon or by certified mail to the owner or someone
of the owner's executors, legal representatives, agents, lessees or
any other person having a vested or contingent interest in the premises,
as shown by the last preceding assessment roll of the Town and/or
by the records of the County Clerk's office.
B.
If no such person can be reasonably found, then by
mailing a copy of such notice to such person or corporation by certified
mail, addressed to his or her last known address and by securely posting
a copy of such notice upon said premises.
A.
Contents of notice. The said notice shall contain
the following:
(1)
A description of the premises.
(2)
A statement of the particulars in which the building
or structure is unsafe or dangerous.
(3)
An order requiring the same to be made safe and secure
or removed.
(4)
That the securing or removal of the said building
or structure shall commence within 30 days of the service of the notice
and shall be completed within 60 days thereafter.
B.
Notice of hearing. Such notice shall further provide
that in case the owner and such persons having an interest in the
property or structure as herein prescribed wish to contest the order,
that a hearing will be held before the Town Board at a time and place
specified and that in the event such owner or persons having an interest
shall fail to contest such order and fail to comply with same, the
Town Board will order the repair or removal of such building or structure
by the Town and that the Town will assess all costs and expense incurred
by the Town in the removal of such building or structure against the
land on which such building or structure is located.
A.
A copy of the notice served in accordance with § 234-4 shall be filed in the Chemung County Clerk's Office, 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.
B.
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.
C.
The Chemung 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.
A.
At the time and date specified in the notice to repair
or demolish, the Town Board shall conduct the public hearing. It may
adjourn from time to time until the hearing is completed and until
all interested parties are heard.
B.
At the conclusion of the hearing, the Town Board shall
determine whether to revoke the order to repair or remove; or continue
said order and direct the owner and other persons to complete the
work within a specified time which shall be reasonable as to the time
needed to perform the work and the necessity to protect the general
public.
In the event the owner and persons in interest
shall fail to comply with the final order of the Town Board to make
such building safe and secure or removed, the Town Board shall order
such building or structure to be made safe and secure or removed and
assess all the costs and expense, including the cost of actually removing
such building or structure, and a charge of 50% thereof to cover costs
of administration and supervision against the land on which such building
or structure is located at the same time and in the same manner as
general Town taxes.