[HISTORY: Adopted by the Town Board of the Town of Busti 7-16-2007 by L.L. No.
1-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 223.
Unsafe buildings and collapsed structures pose a threat to life,
health and property in the Town of Busti. Buildings and structures
may become unsafe by reason of damage by fire or other casualty damage,
the elements, age or general deterioration. Vacant buildings not properly
secured at doorways and windows are nuisances and serve as a congregation
area for vagrants, the homeless, mentally incompetent and children,
who may be injured therein. A dilapidated building or collapsed structure
may also serve as a place of rodent infestation and thereby create
a health menace to the community. Debris, rubble or parts of buildings
left on the ground or in disrepair and not removed constitute a dangerous,
unhealthy and unsightly condition. It is the purpose of this chapter
to provide for the safety, health, protection and general welfare
of people and property in the Town of Busti by requiring such unsafe
buildings to be repaired or demolished and removed.
The provisions of this chapter shall be in addition to and in
furtherance of, the New York State Uniform Fire Prevention and Building
Code, including but not limited to Sections 107 and 108 of the Property
Maintenance Code of New York State.
As used in this article, the following terms shall have the
meanings indicated.
Any building, structure or portion thereof used for residential,
business, industrial, recreational or any other purpose.
The Code Enforcement Officer of the Town of Busti or such
other person appointed by the Town Board to enforce the provisions
of this chapter.
Any debris, rubble or parts of buildings which remain on
the ground or on the premises after demolition, reconstruction, fire
or other casualty.
Any building or structure or portion thereof which, because
of its structural condition, is or may become dangerous or unsafe
to the public and may include, without limitation, any or all of the
following:
Units open at the doorways or accessible by and a source of
attraction to minors under 18 years of age, as well as to vagrants
and other trespassers;
Units which may become a place of rodent infestation or infestation
by other insects or pests;
Units consisting of debris, rubble or parts of buildings left
on the ground after demolition, reconstruction, fire or other casualty;
and/or
Units presenting any other danger to the health, safety, morals
and general welfare of the public.
It shall be unlawful for any owner, tenant or occupant of any
building or structure or portion of any building or structure in the
Town of Busti to maintain an unsafe building or structure as defined
herein.
When, in the opinion of the Code Enforcement Officer or Town
Engineer, any building or structure located in the Town of Busti shall
be deemed to be an "unsafe building or structure," as defined herein,
the Code Enforcement Officer or Town Engineer shall make a formal
inspection thereof and report in writing to the Town Board his findings
and recommendations with regard to the building or structure.
The Town Board shall thereupon consider said report, and if
it finds that such building or structure is dangerous and unsafe to
the public, it shall, by resolution, order its repair if the same
can be safely repaired and, if not, its removal and demolition, and
shall further order that a hearing be held before the Town Board at
a time and place therein specified and on at least five days' notice
to the owner of the building or structure or persons having an interest
therein to determine whether said order to repair or remove shall
be affirmed or modified or vacated and, in the event of modification
or affirmance, to assess all costs and expenses incurred by the Town
in the repair or removal of such building or structure against the
land on which said building or structure is located. The order shall
also provide that the repair or removal of the building or structure
shall be commenced within 30 days after receipt of the notice and
shall be completed within 60 days thereafter.
The notice shall contain the following statements:
A.
The name of the owner or person in possession as it appears from
the tax and deed records.
B.
A brief description of the premises and its location.
C.
A description of the building or structure which is unsafe or dangerous
and a statement of the particular ways in which it is unsafe or dangerous.
D.
An order requiring the same to be repaired to a safe and secure condition
or to be removed.
E.
An order that the repair or removal of the building or structure
shall be commenced within 30 days of the service of the notice and
shall be completed within 60 days thereafter.
F.
The time and place of the hearing to be held before the Town Board,
at which hearing the owner or occupant shall have the right to contest
the order and findings of the Town Board.
G.
That in the event that such owner, occupant or other person having
an interest in said premises shall fail to contest such order and
fail to comply with the same, the Town Board may order the repair
or removal of such building or structure by the Town and that the
Town will assess all costs and expenses incurred in such repair or
removal against the land on which such building or structure is located.
A.
A copy of the notice issued by the Town Board shall be personally
served upon the owner or some one of the owner's executors, legal
representatives, agents, lessees or other person having a vested interest
or contingent interest in the premises as shown by the Collector of
Taxes and/or in the office of the Chautauqua County Clerk or Chautauqua
County Treasurer.
B.
If no such person can be reasonably found for personal service, then
a copy of the notice shall be mailed to such person by certified mail
addressed to his last known address as shown on said records and by
personally serving a copy of said notice upon any adult person residing
in or occupying the premises or by securely affixing a copy of said
notice upon the building or structure.
C.
A copy of the notice shall be filed in the Chautauqua County Clerk's
Office 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. A notice so filed shall
be effective for a period of one year from the date of filing. It
may be vacated, however, upon an order of a judge or justice of a
court of record or upon the consent of the Town Attorney. When vacated,
the Chautauqua 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.
The Town Board shall conduct the public hearing at the time
and place specified in the notice to repair or remove and may adjourn
the hearing from time to time until all interested parties are heard
and until the hearing is completed. At the conclusion of the hearing,
the Town Board shall determine by resolution to: a) revoke the order
to repair or remove; b) modify the order; or c) continue and affirm
said order and direct the owner or other persons to complete the work
within the time specified in the order or by such other time as shall
be determined by the Town Board.
If the owner or person so notified fails or neglects to comply
with the order of the Town Board within the time specified in the
order made following the public hearing, the Town Board may provide
by resolution that such buildings or structure be made safe and secure
or removed and demolished by Town employees, by independent contractors,
or by other lawful means available to the Town.
All expenses incurred by the Town in connection with the proceedings
to repair and secure or demolish and remove the unsafe building or
structure, including the cost of actually removing such building,
shall be assessed against the land on which the building or structure
is located and shall be levied and collected in the same manner as
provided in Article 15 of the Town Law for the levy of an ad valorem
levy.
Where it reasonably appears that a building or structure presents a clear and imminent danger to the life, safety or health of any person or property unless such building or structure is immediately repaired and secured or demolished by its owner or occupant, the Town Board may by resolution authorize the Code Enforcement Officer or Town Engineer to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 193-11 hereof.
