[HISTORY: Adopted by the Town Board of the Town of Manlius 3-13-1991
as Ch. 33 of the 1991 Code. Amendments noted where applicable.]
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.
When in the opinion of the Codes 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 Codes Enforcement Officer shall make a formal inspection thereof and report,
in writing, to the Town Board his 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 buildings are 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 be served personally or by registered
mail upon the owner or representatives, agents, lessees or any other person
having a vested or contingent interest in the premises, as shown by the last
preceding assessment roll of the town and/or by the records of the County
Clerk's office. If such service is made by registered mail, a copy of
the notice must be posted on the premises.
B.
A copy of such notice shall be filed in the office of
the County Clerk of the county within which such building or structure is
located, 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,
except as otherwise hereinafter provided. A notice so filed shall be effective
for a period of one (1) 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.
The notice shall contain the following statements:
A.
A description of the premises.
B.
A statement of the particulars in which the building
structure is unsafe or dangerous.
C.
An order requiring the same to be made safe and secure
or removed.
D.
That the securing or removal of said building or structure
shall commence within thirty (30) days of the service of the notice and shall
be completed within sixty (60) days thereafter.
E.
A notice of public hearing, time and place.
F.
The removal of such building or structure by the town
in the event that such owner fails or refuses to repair or remove the same
within the time provided.
G.
That the land on which said buildings or structures are
located will be assessed for all costs and expense incurred by the town in
connection with the proceedings to remove or secure, including the cost of
actually removing said building or structure.
All costs and expenses incurred by the town in connection with the proceedings
to remove or secure such building or buildings, including the actual cost
of repairing or removal, shall be assessed upon the land upon which said building
or buildings are located. Such assessment shall be assessed on the next assessment
against such property, and the same shall be levied and collected in the same
manner as the regular town tax.
