[HISTORY: Adopted by the Town Board of the Town of Dayton 5-14-1997
by L.L. No. 2-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 75.
This chapter shall be known and may be cited as the "Unsafe Buildings
Law of the Town of Dayton, New York."
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 Building Inspector, 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 Building
Inspector 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,
lessees or any other person having a vested or contingent interest in the
premises, as shown by the records of the Tax Collector and/or by the records
of the Cattaraugus County Clerk's Office.
A.
Contents of notice. The 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)
That the securing or removal of the 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, that a hearing
will be held before the Town Board at a time and place specified and that
in the event such owner or persons having an interest shall fall to contest
such order and fail to comply with same, the Town Board will order the repair
or removal of such building or structure by the Town and that 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 § 79-5 shall be filed in the Cattaraugus 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 Cattaraugus 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 whether 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 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.
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an unsafe building is immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the Town Board and the Town Board shall cause the immediate repair, vacation or demolition of such unsafe building. The costs of such emergency repair, vacation or demolition of such unsafe building shall be collected in the same manner as provided in § 79-8.
No officer, agent or employee of the Town of Dayton shall render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this chapter. Any suit brought against any officer, agent or employee of the Town of Dayton as a result of any act required or permitted in the discharge of his or her duties under this chapter shall be covered under Chapter 14, Defense and Indemnification, of the Code of the Town of Dayton.
A.
Failure to comply with any provision of this chapter,
rules or regulations adopted pursuant to this chapter or a violation order
shall be deemed a violation and the violator may be liable for a fine of not
more $250 dollars, or imprisonment not to exceed 15 days, or both, and each
day such violation continues shall constitute a separate violation.[2]
B.
An action or proceeding in the name of the Town of Dayton
may be commenced in any court of competent jurisdiction to compel compliance
with or restrain by injunction the violation of any provision of this chapter
or a violation order, or to vacate the occupancy or building in the case of
eminent danger to life or property. Such remedy shall be in addition to penalties
otherwise prescribed by law.
