[HISTORY: Adopted by the Town Board of the Town of Rush 10-24-1988
by L.L. No. 1-1988. Amendments noted where applicable.]
It is hereby declared to be the purpose of the Town of Rush to care
for the health, safety and general welfare of its inhabitants; to protect
property; to preserve property values; to eliminate fire and health hazards;
to repair or eliminate unsafe buildings; and to carry out all actions necessary
for the accomplishment of such purposes.
This chapter shall be known and cited as "The Unsafe Buildings Law of
the Town of Rush."
The Code Enforcement Officer of the Town of Rush is charged with the
responsibility of carrying out the obligations and duties set forth in this
chapter.
No person, firm, corporation or association who or which is the owner
of a building or structure in the Town of Rush shall cause, suffer, allow
or permit the said building or structure to become dangerous or unsafe to
the public. If any building or structure now is, or hereafter becomes, dangerous
or unsafe to the public, from any cause whatsoever, the said owner shall repair
or remove the building or structure. If the owner of any such building or
structure fails to repair or remove it, the Code Enforcement Officer of the
Town of Rush shall make a complete inspection and report in writing of the
condition of the building or structure to the Town Board.
A notice shall thereafter be served on the owner or some one of the
owner's executors, legal representatives, agents, lessees, or any other person
having a vested or contingent interest in the property, either personally
or by registered mail, addressed to the last known address, if any, of the
owner or others listed above as shown by the records of the Receiver of Taxes
and/or in the office of the County Clerk. Said notice 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. If such service is made by registered mail, a copy of such
notice shall be posted upon the premises.
The person served with such notice shall commence the securing or removal
of the buildings or structures within 15 days of the mailing and posting or
service of said notice, and shall diligently prosecute the removal or securing
until the project is complete.
A copy of such notice shall be filed in the office of the County Clerk.
The notice shall be filed by the County Clerk in the same manner as a notice
of pendency pursuant to Article 66 of the Civil Practice Law and Rules.
A hearing shall be held before the Town Board, the notice of which and
the time and place thereof shall be specified in the notice to repair or demolish.
Such building or structure shall be removed by the Town if the owner
fails or refuses to repair or remove the building or structure within the
time provided.
All costs and expenses incurred by the Town in connection with the proceedings
to remove and secure, including the cost of actually removing the building
or structure, shall be assessed against the land on which the buildings or
structures are located.
Any violation of this chapter shall be deemed an offense punishable
by a maximum fine of $250 or by imprisonment for not more than 15 days, or
by both such fine and imprisonment. Each day a violation occurs shall constitute
a separate violation.
