[HISTORY: Adopted by the Town Board of the Town of Williamson Town Board 6-10-1997 by L.L. No. 1-1997. Amendments noted where applicable.]
This chapter shall be known as the "Property Nuisance Abatement Law of the Town of Williamson."
Editor's Note: Local Law No. 1-1997 also provided that to the extent such local law is inconsistent with § 130 of the Town Law, the Town of Williamson hereby exercises its supersession authority under the applicable provision of the Municipal Home Rule Law in enacting this chapter.
Dangerous and unsafe buildings, structures and premises threaten life and property in the Town of Williamson and constitute nuisances. Premises, whether occupied or unoccupied by human beings, improved or not, may become nuisances, dangerous and unsafe, by reason of faulty design or construction, violation of state or local codes, laws, rules or regulations or any combination of these or other factors that create a hazard to the community. This chapter provides for the safety, health, protection and general welfare of the persons and property of and in the Town of Williamson by requiring that such unsafe premises be repaired, cured, cleared, cleaned, vacated or demolished.
All unsafe premises within the terms of this chapter are hereby declared to be public nuisances and shall be repaired, cured, cleared, cleaned, vacated or demolished as hereinafter provided.
As used in this chapter, the following terms shall have the meanings indicated:
- Any building, structure or portion thereof used for any or no purpose whether vacant or occupied, including residential, business, agricultural or industrial purposes.
- BUILDING INSPECTOR
- The Building Inspector of the Town of Williamson or such other person appointed by the Town Board to enforce the provisions of this chapter.
- The Town of Williamson.
- TOWN BOARD
- The Town Board of the Town of Williamson.
- UNSAFE PREMISES
- Real property and/or any improvements, buildings, structures, equipment thereon or installations therein, including electrical, gas, water, sewer or septic service, whether above or below ground surface, that have become or are so dilapidated, decayed, unsafe, unsanitary, a fire hazard or are likely to cause injury, sickness or disease and, therefore, are a danger to the health, safety or general welfare of those residing in or upon the property or adjacent to same or to the citizens of the Town of Williamson at large. Unsafe premises are further defined as properties that, because of their condition, are otherwise unsafe, unsanitary or dangerous to the people of the Town of Williamson. Unsafe properties shall also be those properties that are in violation of the New York State Uniform Fire Prevention and Building Code, the New York State Public Health Law and the New York State Sanitary Code and such violations of Chapter 178, Zoning, of the Town Code and other local laws and ordinances declared to be public nuisances by the Town Board by resolution. Unsafe premises may include the whole or any portion of any real property described in a deed recorded in the office of the Wayne County Clerk or on the tax rolls and Tax Map of the Town of Williamson, Wayne County. Unsafe premises may be improved or unimproved real property, containing buildings and/or consisting of vacant land.
Upon initiation of or receipt of a written complaint that any property is or may become unsafe premises within the meaning of this chapter, the Building Inspector shall cause or make an inspection thereof and report, in writing, to the Town Board his findings and recommendations in regard to its being vacated, repaired, secured for safety purposes or demolished and removed.
The Town Board shall thereafter consider such report and, by resolution, determine, if, in its opinion and judgment, the report so warrants, that such building or premises is unsafe or dangerous and order its repair (if the same can be safely repaired), its securing for safety purposes and/or its demolition and removal and further order that a notice be served upon the persons designated in § 135-8 of this chapter and in the manner provided therein. The Town Board may appoint an advisory committee to report and make recommendations to the Town Board regarding administration of this chapter in general or in particular applications.
This notice shall contain the following:
A description of the premises.
A statement of the particulars in which the building or property is unsafe or dangerous.
A statement outlining the manner in which the building or property is to be made safe and secure or demolished and removed.
An order that the repair, vacating, securing or removal of such building or condition (nuisance) 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.
A date, time and place for a hearing before the Town Board in relation to such dangerous or unsafe premises, which hearing shall be scheduled not less than five business days from the date of service of the notice.
A statement that, in the event of neglect or refusal to comply with the order to secure or demolish and remove or correct such condition (nuisance), the Town Board is authorized to provide for its repair, securing or its demolition and removal as the case may be, to assess all expenses thereof against the land on which it is located and/or to institute a special proceeding to collect the cost of demolition or repair, including legal and engineering expenses.
The notice required under this chapter shall be served upon the owner, his executors, legal representatives, agent, lessee or any other person having a vested or contingent interest in such unsafe premises or building, as shown by the records of the Town Assessor or of the Wayne County Clerk. Service shall be made either personally or by registered or certified mail, addressed to the last known address, if any, of the owner, his executors, legal representative, agent, lessee or other person having a vested or contingent interest in such unsafe premises or buildings as aforesaid identified. If service is made by registered or certified mail, a copy of the notice shall be posted on the premises.
A copy of the notice served as provided herein shall be filed in the office of the Clerk of the County of Wayne and with the Town Clerk of the Town of Williamson.
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the repair, vacating, securing or demolition and removal, as the case may be, of such building or property, either by town employees or by contract. Except in emergency cases as provided for herein, any contract for repair, securing or demolition and removal, as the case may be, shall be awarded in accordance with the provisions of the General Municipal Law of the State of New York.
All expenses incurred by the town in connection with the proceedings to repair and secure or demolish and remove the unsafe building or property, including the cost of actually removing such building or correcting such condition or nuisance or repairing the same, shall be assessed against the land on which such building or condition or nuisance is located and shall be levied and collected in the same manner as provided for in the Town Law for the levy and collection of town taxes or special ad valorem levies.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property, unless an unsafe building or condition or nuisance is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector to cause immediately the repair, vacating, securing or demolition of such unsafe building or correction of such condition (nuisance). The expenses of such repair, vacating, securing or demolition or correction of such condition (nuisance) shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided for under § 135-11 of this chapter.
No officer, agent or employee of the town shall render himself 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 duties under this chapter. Any suit brought against any officer, agent or employee of the town as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the Town Attorney until the final determination of the proceedings thereon.