[HISTORY: Adopted by the Town Board of the Town of Jerusalem 10-21-2009 by L.L. No.
5-2009. Amendments noted where applicable.]
Dangerous and unsafe buildings, structures, and premises threaten
life and property in the Town of Jerusalem 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, failure to maintain the structural integrity
of a building, lack of proper sanitary facilities, lack of adequate
lighting or ventilation, inability to heat properly, failure to keep
property free from the accumulation of garbage and refuse, fire, age
or general deterioration, 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 Jerusalem by requiring that such unsafe
premises be repaired, cured, cleared, cleaned, vacated, demolished
or any combination of these.
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 hereafter 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 (without limitation)
residential, business, agricultural, land conservation, or industrial
structures.
The Code Enforcement Officer of the Town of Jerusalem or
such other persons appointed by the Town Board to enforce the provisions
of this chapter.
Any refuse from animal or vegetable matter, waste or animal
or refuse from kitchen, market, store or house, floor sweepings, table
waste or vegetable matter, meats, fish, bones, fat, and all organic
waste substances or food substances capable of decay.
Plastics and combustible trash (that has not been packaged
or is not part of a business operation), including but not limited
to paper, cartons, boxes, barrels, wood, excelsior, tree limbs and
branches, yard trimmings, wood furniture and bedding. Also included
is noncombustible trash, including but not limited to tires, metals,
cans, plastics, metal furniture, small quantities of rock, brick and
concrete, glass, metal fixtures, bottles and street rubbish, street
sweepings, dirt, ashes, dead animals, junked vehicles, solid market
and industrial waste, cardboard, leaves, crockery and similar materials.
Any condition that threatens the safety of occupants, owners
or the general public, such as but not limited to sheathing falling
off the side of a building, roofs that are falling in, large holes
of four square feet or larger, walls that are separating away from
the building, buildings that are leaning at an angle, buildings that
have partially or completely collapsed, sagging support beams, floors
that are falling in, have holes or are otherwise weak and unsafe,
porch roofs dropping or pulling away from the building, chimneys that
are leaning or falling apart, bricks that are missing and leave holes,
steps that are rotted or coming apart, and decks that are leaning
or rotted and falling down or coming apart.
The Town Board of the Town of Jerusalem.
Real property including any improvements, buildings, structures,
equipment thereon or installations therein, including electrical,
gas, water, sewer or septic service, whether above or below ground
surface, that are the property owner's responsibility and that
are dilapidated, decayed, unsafe, unsanitary, or 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 the same or to the citizens
of the Town of Jerusalem at large. "Unsafe premises" also includes
properties that, because of their condition, are otherwise unsafe,
unsanitary or dangerous to the people of the Town of Jerusalem. "Unsafe
premises" shall also mean those properties that are in violation of
the New York State Uniform Fire Prevention and Building Code, the
New York State Public Health Law, or the New York State Sanitary Code.
"Unsafe premises" may be the whole or any portion of a parcel of real
property; whether improved or unimproved, located in the Town of Jerusalem,
Yates County, New York.
When in the Code Enforcement Officer's opinion or upon
receipt of information that any property is or may become unsafe premises
within the meaning of this chapter, the Code Enforcement Officer shall
be authorized to condemn said premises or buildings and to have them
vacated immediately if necessary to protect the safety of person or
property. The Code Enforcement Officer shall also be authorized to
order its repair, if the same can be safely repaired, its securing
for safety purposes, its demolition and removal, or any combination
of thereof. For any necessary stronger enforcement, the Code Enforcement
Officer shall make a report in writing to the Town Board of 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 the definitions of this chapter 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 required, its securing for safety purposes, its demolition and removal, or any combination of thereof, and further order that a notice be served upon the persons designated in § 67-7 of this chapter and in the manner provided therein. The Town Board will authorize the Code Enforcement Officer to be in charge of the enforcement of the Town order.
This notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building or property
is unsafe or dangerous.
C.
A statement outlining the manner in which the building or property
is to be made safe and secure or demolished and removed.
D.
An order that the repair, vacating, securing or removal of such building
or condition (nuisance) shall commence within 30 days of service of
the notice and shall be completed within 60 days thereafter, unless
for good cause shown such time shall be extended.
E.
A date, time and place for a public 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. Emergency notices shall be displayed in the window
at the Town Clerk's office identifying the property and status
of action being taken.
F.
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
or 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 or action to collect the
cost of removal, 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 Yates 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 representatives, agent,
lessee or other person having a vested or contingent interest in such
unsafe premises or building as aforesaid identified. If service is
made by registered or certified mail, a copy of the notice shall be
posted on the premises.
A.
The public hearing shall be conducted before at least a quorum of
the Town Board.
B.
The Supervisor or his or her designee shall preside over the public
hearing.
C.
The owner of the premises may be represented by counsel at the public
hearing and shall have the right to call witnesses in his or her behalf
and to otherwise present his or her case in opposition to the Town's
case.
D.
The strict rules of evidence shall not apply to the public hearing.
The Town must prove its case by a preponderance of the evidence.
E.
After both parties have presented their respective cases, the Town Board shall decide the case. Such decision shall be in writing and shall be filed with the Town Clerk and mailed to the property owner if the owner's identity is known, and any other person served with the notice under § 67-7 of this chapter at his or her last known residence address within five days of the date of the public hearing. The decision shall be made by a simple majority of the Town Board.
F.
Failure of the property owner to appear, either in person or by representative,
at the date and time specified for a public hearing shall not prevent
the Town Board from rendering a decision.
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.
If the property has not been brought into compliance within
90 days after service of the first notice by Code Enforcement Officer
to bring the property into compliance, the property owner or owners
or responsible agent of the owner shall be subject to fine in the
amount of $500 per week until the property has been brought into compliance.
Any unpaid fines within a twelve-month period shall be levied on the
property in the same manner as ad valorem taxes.
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 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 Code Enforcement Officer to order 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 charged against the land on which it is located and shall
be assessed, levied and collected in the same manner as provided in
the Town Law for the levy and collection of Town taxes or special
ad valorem levies.
No officer, agent or employee of the Town shall render himself
personally liable for any damage that may occur 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 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 or by counsel furnished by the insurance carrier
of the Town until the final determination of the proceedings thereon.
