Town of Amherst, NY Article V Enforcement and Administrative Provisions

[Amended 8-16-1982 by L.L. No. 7-1982]

§ 151-17 Assessment of costs.

The expense of any action subsequent to preliminary inspections taken pursuant to this chapter shall be assessed against the real property involved. Those expenses shall be reported to the Assessor within 20 days following completion of the proceedings herein authorized. The Assessor shall cause a notice to be given of the time and place where he will assess the expense against the property. A copy of the notice shall be served upon or mailed by certified mail to the owner and other persons having or claiming any interest in the real property who has appeared in any proceeding under this law. Except as hereinafter provided, personal service shall take place at least eight days before the hearing.

§ 151-18 Conduct of hearings by Assessor.

At the time and place specified in the notice, and upon any adjourned dates, the Assessor shall hear all interested parties. At the conclusion of the hearing, the Assessor shall complete the assessment, stating therein the name of the owner, the account number of the amount assessed to each parcel of real property. Thereafter, he shall return the assessment to the Town Clerk, who shall present it to the Town Board. The Town Board shall certify the assessment to the County Legislature, which shall cause the amount stated therein to be levied against the property. The amount assessed shall be a lien on the real property until collected. It shall be levied and collected at the same time and in the same manner as other Town taxes and shall be paid to the Town Supervisor to be applied in reimbursing the fund from which the expenses were paid.

§ 151-19 Service of notice.

Any notice directed to a corporation may be served upon it at its principal place of business, upon a duly designated agent within the Town or upon the Secretary of State. The time for service shall be extended by four days for any notice served on the Secretary of State.

§ 151-20 Extension of deadlines.

Any period of time fixed for performance hereunder may be extended by the Building Commissioner for a period not exceeding 14 days.

§ 151-21 Repealer.

This chapter supersedes and repeals Subdivision 1-24, Section 1, of Chapter 3 (Building Code)[1] of the Town Ordinances, adopted May 11, 1936, as amended February 19, 1951. This chapter shall not otherwise limit the power of the Town or its officers to act with respect to buildings, structures, lands or property as authorized by law.

[1] Editor's Note: This Building Code was repealed in its entirety 7-5-1977. See now Ch. 83, Building Construction Administration.

§ 151-22 Definition of terms.

In addition to their usual meanings, or instead of where the context so indicates, words used herein shall be defined as provided for in the State General Construction Law.

§ 151-23 When effective.

This chapter shall take effect immediately.

§ 151-24 Severability.

If any section, clause or provision of this chapter or the application thereof to any person or lands is adjudged to be invalid, the adjudication shall not affect other sections, clauses or provisions nor the application thereof which can be sustained or given effect without the invalid section, clause or provision or application, and to this end the various sections, clauses and provisions of this chapter are declared to be severable.