Town of Penfield, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Penfield 12-16-2015 by L.L. No. 3-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 94.
Zoning and land use — See Ch. 250.

§ 97-1 Defined; nuisances.

All structures which are structurally unsafe, unsanitary, or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing uses constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment are, severally, for the purpose of this chapter, defined as "unsafe structures." All such unsafe structures are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this chapter. Buildings and structures may become unsafe by reason of damage by fire, the elements, age or general deterioration. Vacant buildings not properly secured at doorways and windows 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 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 Penfield by requiring such unsafe buildings to be repaired or demolished and removed.

§ 97-2 Inspection.

A. 
The Building and Zoning Administrator shall examine or cause to be examined every structure which, upon his/her own opinion or upon receipt of information:
(1) 
Is or may become dangerous or unsafe to the general public.
(2) 
Is open at the doorways and windows, making it accessible to and an object of attraction to minors under 18 years of age, as well as to vagrants and other trespassers;
(3) 
Is or may become a place of rodent infestation;
(4) 
Presents any other danger to the health, safety, morals and general welfare of the public; or
(5) 
Is unfit for the purposes for which it may lawfully be used.
B. 
The Building and Zoning Administrator shall report in writing to the Town Board his/her findings and recommendations in regard to the repair or demolition of each structure so examined and found to be an unsafe structure.

§ 97-3 Town Board order to repair or demolish.

A. 
The Town Board shall thereafter consider such report and by resolution determine, if in its opinion the report so warrants, that such structure is unsafe and dangerous and order its repair if same can be safely repaired, or its demolition and removal.
B. 
The resolution ordering repair or demolition of the unsafe structure shall contain the following:
(1) 
A description of the premises;
(2) 
A statement of the particulars in which the building is unsafe or dangerous;
(3) 
An order outlining the manner in which the building is to be made safe and secure, or demolished and removed.
(4) 
A statement that the securing or removal of such building shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter, unless, for good cause shown, such time shall be extended;
(5) 
A date, time and place for a hearing before the Town Board in relation to such dangerous or unsafe building, which hearing shall be scheduled not less than five business days from the date of service of the notice; and
(6) 
A statement that in the event of neglect or refusal to comply with the order to secure or demolish and remove the building, the Town Board is authorized to provide for its demolition and removal, to assess all expenses thereof against the land on which it is located and to institute a special proceeding to collect the costs of demolition, including legal expenses.

§ 97-4 Service and posting of order.

A certified copy of the resolution and order adopted by the Town Board pertaining to said unsafe structure shall be:
A. 
Served upon the owner, agent, or person in control of such structure in the same manner as prescribed for the service of a summons pursuant to the Civil Practice Law and Rules;
B. 
Posted securely upon or at each entrance to said unsafe structure; and
C. 
Filed in the office of the Monroe County Clerk.

§ 97-5 Removal or demolition by Town.

In the event of the refusal or neglect of the person so notified to comply with said resolution and order of the Town Board, and after hearing, the Town Board shall provide for the demolition and removal of such unsafe structure either by Town employees or by contract. Except for emergency as provided in § 97-6 of this chapter, any contract for demolition and removal in excess of $5,000 shall be awarded by competitive bid.

§ 97-6 Emergencies.

Where the Town Board determines that there is a clear and imminent danger to the life, safety or health of persons and/or property unless an unsafe structure is immediately repaired and secured or demolished and removed, the Town Board may, by resolution, authorize the enforcement officer to immediately cause the repair or demolition of such unsafe structure. The expenses of any repair and securing or demolition and removal shall be a charge against the real property upon which such unsafe building is located and shall be assessed, levied and collected as provided in § 97-7. In an emergency situation, the authorized official shall have the authority to have the structure secured immediately.

§ 97-7 Assessment of expenses.

All costs and expenses incurred by the Town in connection with proceedings set forth in this chapter, including the cost of actually making safe, securing or removing said dangerous and unsafe condition, shall be assessed against the land on which the dangerous or unsafe condition is or was located.