[HISTORY: Adopted by the Town Board of the Town of Clarence 8-15-1973 by L.L. No. 2-1973. Amendments noted where applicable.]
The purpose of this chapter is to promote the health, safety and welfare of persons within the Town of Clarence by providing for the removal or repair of buildings or structures that from any cause may now or hereafter become dangerous or unsafe to the public.
[Added 7-22-1992 by L.L. No. 1-1992]
As used in this chapter, the following terms shall have the meanings indicated:
- A structure wholly or partly enclosed within exterior walls or within exterior or party walls and a roof, affording shelter to persons, animals or property.
- DANGEROUS OR UNSAFE BUILDING
- A building or structure which is structurally unsound, unsanitary or not provided with adequate ingress or egress or which constitutes a fire hazard or which has become unsafe by reason of damage by fire, the elements, age or general deterioration or which, in relation to an existing use, constitutes a hazard to public health, safety or welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment or which is otherwise dangerous to human life.
No person, firm, corporation or association owning, possessing or controlling any building or structure in the Town of Clarence shall permit, suffer or allow said building or structure now or hereafter to be or become dangerous or unsafe to persons within the Town of Clarence from any cause whatsoever.
The Zoning Enforcement Officer shall cause an inspection of any premises alleged to be in violation of § 75-3 to be made, and he shall thereafter prepare and file in his office a report of said inspection.
When it shall be determined by the Zoning Enforcement Officer that a building or structure or any part or parts thereof are dangerous or unsafe to the public, he shall immediately serve notice on the owner or some one (1) of the owner's executors, legal representatives, agents or lessees or any other person having a vested or contingent interest in the same, either personally or by registered mail, addressed to the last known address, if any, of the owner or some one (1) of the owner's executors, legal representatives, agents or lessees or any other person having a vested or contingent interest in the same, as shown by the records of the receiver of taxes and/or in the office of the County Clerk or County Register, containing 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; and if such service is made by registered mail, a copy shall be posted on the premises.
The time within which a person served with such notice may commence the securing or removal of the building or structure or part or parts thereof shall be thirty (30) days.
[Amended 7-22-1992 by L.L. No. 1-1992]
In the event of neglect or refusal of a person served with a notice to comply with the same, an inspection of the premises shall be made by an inspector and architect to be named by the Town Board and a practical builder, engineer or architect appointed by the person notified as above; and in the event of refusal or neglect of the person so notified to appoint a practical builder, engineer or architect, the inspector and architect named by the Town Board shall make the inspection and report. The notice shall state that, in the event that the building or other structure or part or parts thereof shall be reported unsafe or dangerous under such inspection, an application will be made at a Special Term of the Supreme Court of Erie County for an order determining the building or structure or part or parts thereof to be a public nuisance and directing that it shall be repaired and secured or taken down and removed. A signed copy of the inspection and the compensation due the inspector and architect named by the Town Board shall be posted on the building.
The Town Attorney shall make application to a Special Term of the Supreme Court of Erie County for the order hereinabove referred to, and if the same is granted, the Town shall proceed to remove or secure the building or structure or part or parts thereof in accordance with the terms of said order.
The Town shall assess all costs and expenses incurred by it in connection with the proceedings to remove or secure, including the cost of actually removing, said building or structure or part or parts thereof against the land on which the same is or was located.
The Zoning Enforcement Officer shall maintain a record of each building or structure or part or parts thereof determined by him to be dangerous or unsafe to the public, including information of action taken by him from time to time relative to the same, and not later than April 1 of each year shall report to the Town Board each building or structure or part or parts thereof upon which the Town has performed work and expended money pursuant to this chapter, the name of the owner and the cost and expense to remove or secure the same and whether or not said cost and expense has been assessed against the land on which the same is or was located.
[Amended 7-22-1992 by L.L. No. 1-1992]
Any person, firm, partnership or corporation convicted of a violation of this chapter shall be subject to a fine not to exceed two hundred fifty dollars ($250.) or to imprisonment for not more than fifteen (15) days, or to both such fine and imprisonment.