[HISTORY: Adopted by the Town Board of the Town of Avon 3-27-1981
by Ord. No. 81-1 (Ch. 133 of the 1976 Municipal Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 61.
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.
[Amended 9-8-2005 by L.L. No. 3-2005]
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
EnforcementOfficer 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 personally served upon
the owner or some one of the owner's executors, legal representatives, agents
or lessees or any other person having a vested or contingent interest in the
premises, as shown by the records of the Town Tax Collector and/or by the
records of the Livingston County Clerk's office.
B.
If no such person can be reasonably found, then notice
shall be served by mailing a copy of such notice to such person or corporation
by registered 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. Said notice shall contain the following
statements:
(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)
A statement that the securing or removal of 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, a hearing will
be held before the Town Board at a time and place specified, and in the event
that such owner or persons having an interest shall fail to contest such order
and fail to comply with the same, the Town Board will order the repair or
removal of such building or structure by the Town, and 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 § 41-3 shall be filed in the Livingston 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 Livingston 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 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 that 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, against the land
on which such building or structure is located at the same time and in the
same manner as general town taxes.
[Added 9-8-2005 by L.L. No. 3-2005]
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 Code Enforcement Officer to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 41-7 hereof.
[Added 9-8-2005 by L.L. No. 3-2005]
In addition to assessment of costs provided for in § 41-7, any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction, be subject to a maximum fine of $250 or a maximum term of imprisonment of 15 days, or both, for each offense.
