Town of Evans, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Evans 8-15-1973 by L.L. No. 3-1973. Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration — See Ch. 70.
Electrical inspections — See Ch. 92.
Excavations — See Ch. 101.
Fire prevention — See Ch. 110.
Plumbing — See Ch. 147.
Rental or unoccupied premises — See Ch. 158.
Zoning — See Ch. 200.

§ 74-1 Definitions; word usage.

A. 
The following definitions shall apply in the interpretation and enforcement of this chapter:
BUILDING INSPECTOR
The duly appointed officer charged with enforcement of building and fire codes.
[Amended 12-15-1993 by L.L. No. 13-1993]
DANGEROUS BUILDING
Any building or structure or well or excavation which has any of the following conditions:
(1) 
Those where any interior wall or walls or other structural load-bearing members list, lean or buckle to such an extent that a plumb line passing from any overhead supporting member through the center of gravity falls outside the middle third of its base.
(2) 
Those which, exclusive of the foundations, show thirty-three and one-third percent (331/3%) or more deterioration of the supporting member or members or 50% or more damage to or deterioration of the nonsupporting enclosing or exterior walls or covering.
(3) 
Those which have improperly distributed loads upon the floors or roofs or in which the floors or roofs are overloaded or which have insufficient strength to be reasonably safe for the purpose used and which do not meet minimum standards prescribed by the New York State Uniform Fire Prevention and Building Code.
(4) 
Those having inadequate or insufficient facilities for ingress or egress in the event of fire, panic or other emergency or those having insufficient stairways, elevators, fire escapes, aisles, passageways, corridors or other means of access and which do not meet minimum standards prescribed by the New York State Uniform Fire Prevention and Building Code.
(5) 
Those which have parts thereof which are so attached or connected in such manner that they may fall, collapse or cause damage or injury to the occupants thereof or to other persons or property.
(6) 
In addition to the foregoing, those used, in whole or in part, for residential, mercantile, industrial, storage, assembly, institutional or any other purpose, which, for want of repair, lack of sufficient fire escapes or exits or by reason of age or dilapidated condition or from any other cause, may now be or shall at any time hereafter become dangerous or unsafe structurally or a fire hazard or a nuisance to the general public.
(7) 
A vacant building, unguarded or open at a door or window.
(8) 
An abandoned or unprotected well, open basement or excavation or hole which was a basement or is intended to be a basement which is unprotected, dangerous or a nuisance.
NUISANCE
Whatever is dangerous to human life or detrimental to health, and shall include but not be limited to:
(1) 
A public nuisance.
(2) 
A building, structure or part thereof which has an existing electrical wiring system which is defective or which fails to meet ventilation requirements as prescribed by applicable provisions of law or which has plumbing, sewage or drainage facilities that are not in conformity with applicable building and plumbing codes or which is overcrowded.
OWNER
Includes the record owner of any premises and also, for the purpose of serving a notice either personally or by registered mail upon anyone exercising the rights of ownership therein, his agents, successors or assigns as indicated by the records of the Receiver of Taxes[1] or by the records of the County Clerk of Erie County.
POSTING
The fastening, mailing, tacking or substantially securing by any other means of any notice, survey, order, directive or official decision on a building or structure.
PRESIDING SUPERVISOR
The Presiding Supervisor of the Town of Evans.
REPAIR
Includes any alteration, structural change or the performance of any act necessary or requisite for the elimination of any hazardous, dangerous or unsafe condition of any dangerous building or structure within the purview of this chapter.
TOWN
The Town of Evans.
[1]
Editor's Note: The Office of the Receiver of Taxes and Assessments was abolished 8-25-2009 by L.L. No. 2-2009, approved at referendum 11-3-2009. See Ch. 34.
B. 
Word usage.
(1) 
The words "or" and "and," as used herein, may be construed interchangeably where such meaning is necessary to effectuate the purpose of this chapter.
(2) 
Where necessary, the singular shall include the plural, and the plural shall include the singular.
(3) 
The word "person" shall include a partnership, corporation, association or trustee.
(4) 
The term "persons interested," as used herein, shall be construed to include the owner, as herein defined, and all other persons interested in the property to which such words refer.

§ 74-2 Violation of applicable provisions of other regulations.

[Amended 12-15-1993 by L.L. No. 13-1993]
The fact that a building or structure exists in violation of the applicable provisions of the New York State Uniform Fire Prevention and Building Construction Code or of an earlier Town building code, as the case may be, or of any local law of the Town of Evans, when found as other violations in addition to conditions deemed to be in violation of this chapter, may be considered in determining whether a building or structure is hazardous, dangerous or unsafe.

§ 74-3 Enforcement official.

[Amended 12-15-1993 by L.L. No. 13-1993]
Under this chapter, the Building Inspector shall have jurisdiction for the purpose of demolishing, taking down or removing any hazardous, dangerous or unsafe building or structure or, alternatively, for taking remedial action toward making any of said buildings or structures safe and secure.

§ 74-4 Investigation and report; notice; hearing; order to secure or remove.

A. 
Upon the receipt of information that a building or structure may be dangerous, the Building Inspector shall cause an investigation of the premises to be made and an inspection report submitted and filed in his office.
[Amended 12-15-1993 by L.L. No. 13-1993]
B. 
Notice; hearing; order to secure or remove.
[Amended 7-21-1982 by L.L. No. 3-1982]
(1) 
After the report is filed in his office, and if the report shall confirm the existence of a dangerous building or structure, the Building Inspector shall cause a notice to be served upon the owner, executor, administrator, agent, lessee or any person or persons having a vested or contingent interest in the subject unsafe building, as shown by the record of the Receiver of Taxes[1] of the Town of Evans or the County Clerk of the County of Erie, which 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. Such service shall be made by any of the methods provided for service in Article 3 of the New York State Civil Practice Law and Rules, as amended, or any legislation replacing or superseding the same, from time to time, or by registered or certified mail addressed to the last known address of the person or party to whom such notice is to be given, and a copy of said notice shall be posted in a conspicuous place on the unsafe building to which it relates. Such service by registered or certified mail shall be complete 10 days after the later of the mailing and posting and shall be deemed adequate service. Said notice shall be deemed to have been received by the person or party upon whom, or upon which, such notice is served, as above, upon the completion of such service by any of the methods above referenced or set forth.
[Amended 12-15-1993 by L.L. No. 13-1993; 12-1-1999 by L.L. No. 8-1999]
[1]
Editor's Note: The Office of the Receiver of Taxes and Assessments was abolished 8-25-2009 by L.L. No. 2-2009, approved at referendum 11-3-2009. See Ch. 34.
(2) 
Such notice shall also provide that any person affected by the order to secure or remove shall be granted a hearing on the matter before the Town Board, provided that such person shall file a written request for the same with the Town Clerk within 10 days after the date that the notice was served upon him. Such written request shall contain a brief statement setting forth the grounds for the requested hearing. Upon receipt of said request by the Town Clerk, he shall set a time and place for the hearing and shall give all interested persons 10 days' written notice thereof. At the hearing the person requesting the same shall be given an opportunity to be heard and to give reasons why the proceedings for the securing or removal of the dangerous building or structure should be modified or withdrawn. The hearing shall be commenced not later than 20 days after the day on which the request was filed, provided that, upon application of any interested party, the Town Clerk may postpone the date of the hearing for any reasonable time beyond the twenty-day period if, in his judgment, the interested party has submitted a good and sufficient reason for the postponement, but in no event shall the hearing be postponed longer than 60 days.
(3) 
After the hearing is closed, the Town Board shall make an order either confirming the report of the Building Inspector and directing that the building or structure be secured or removed, granting the relief requested by the person seeking the hearing or granting such other and further relief as is appropriate under the circumstances.
[Amended 12-15-1993 by L.L. No. 13-1993]
(4) 
Such order shall be filed with the Town Clerk and served upon the person requesting the hearing, who shall comply with the terms of said order within 10 days after receipt of the same.

§ 74-5 Notice to be filed in County Clerk's office.

[Amended 7-21-1982 by L.L. No. 3-1982; 12-15-1993 by L.L. No. 13-1993]
Any notice prepared by the Building Inspector pursuant to § 74-4B shall be immediately filed by him in the office of the Clerk of Erie County.

§ 74-6 Compliance; permit required.

[Amended 7-21-1982 by L.L. No. 3-1982; 12-15-1993 by L.L. No. 13-1993]
Within 10 days of the receipt of the notice set forth above, the person receiving the same shall commence the securing or removal of the described buildings or structures, which shall be completed within a reasonable period of time. Said person shall obtain a permit from the Building Inspector to either repair or demolish the described buildings or structures.

§ 74-7 Removal upon noncompliance.

[Amended 7-21-1982 by L.L. No. 3-1982; 12-15-1993 by L.L. No. 13-1993]
In the event that the person served with the notice provided for in § 74-4B hereof fails to comply with said notice, fails to comply with the order of the Town Board or fails to comply with any other provisions of this chapter, the Building Inspector shall cause the building or structure to be secured and/or removed.[1]
[1]
Editor's Note: Original § 25-8, Hearing; § 25-9, Failure to comply; notice of survey; § 25-10, Method of survey; § 25-11, Compensation and reimbursement of survey costs; § 25-12, Application to Supreme Court; § 25-13, Execution of court order; and § 25-14, Interference, which immediately followed this section, were repealed 7-21-1982 by L.L. No. 3-1982.

§ 74-8 Reimbursement by assessment.

The Town shall be reimbursed for the cost of the work performed or services rendered, as hereinabove provided, by assessment against and collection from the lots or parcels of land where such work was performed or services rendered for so much of the actual and complete costs as incurred upon and from each lot or lots, in the manner provided for the assessment of the cost of public improvements by Article 9 of the Town Law, § 130, Subdivision 16.

§ 74-9 Emergency cases.

[Amended 7-21-1982 by L.L. No. 3-1982; 6-5-1985 by L.L. No. 2-1985]
A. 
Any provision of this chapter to the contrary notwithstanding, each owner of real property in the Town of Evans must contact the Office of the Building Inspector immediately upon the occurrence of any event which has caused substantial damage to a structure on his premises. Such events shall include, but shall not be limited to, fire, flood, earthquake and storm. The Office of the Building Inspector shall then direct the immediate repair, vacation or demolition of such dangerous building or structure.
B. 
Failure to contact the Office of the Building Inspector within 24 hours of the happening of an event recited in this section shall constitute an authorization granted by the property owner to the Building Inspector to cause the immediate repair, vacation or demolition of such dangerous building or structure subject only to the order of the Town Board. For this purpose, he may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as may be necessary. He may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary, and for this purpose may close a public or private way. The cost of such emergency repair, vacation or demolition of such dangerous building or structure shall be collected in the same manner as provided in § 74-8 hereof.

§ 74-10 Title; when effective.

[Amended 7-21-1982 by L.L. No. 3-1982]
This chapter shall be known as the "local law entitled `Dangerous Buildings and Structures'" and shall become effective upon compliance with the provisions of the Municipal Home Rule Law.

§ 74-11 Penalty for removal of notice.

[Amended 12-15-1993 by L.L. No. 13-1993]
Any person removing the notice provided for in § 74-4B hereof or any other notice prescribed by this chapter shall be guilty of a violation and, upon conviction thereof, shall be fined an amount of money not to exceed $250 or be imprisoned for not more than 15 days, or both, for each offense.

§ 74-12 Required fees.

[Added 7-17-1985 by L.L. No. 5-1985; amended 12-15-1993 by L.L. No. 13-1993]
Whenever the Building Inspector, or one acting under his direction, has cause to be filed in the office of the Erie County Clerk a notice of demolition or repair, said notice of demolition or repair shall not be vacated, released or discharged except by an instrument executed by the Building Inspector, his deputy, the Town Attorney or his deputy, upon a payment to the Office of the Building Inspector of a fee in an amount set by the Town Board and as set forth in Chapter 106, Fees.