[HISTORY: Adopted by the Town Board of the Town of Penfield 12-16-2015 by L.L. No. 3-2015. Amendments noted where applicable.]
All structures which are structurally unsafe, unsanitary, or
not provided with adequate egress, or which constitute a fire hazard,
or are otherwise dangerous to human life, or which in relation to
existing uses constitute a hazard to safety or health by reason of
inadequate maintenance, dilapidation, obsolescence, or abandonment
are, severally, for the purpose of this chapter, defined as "unsafe
structures." All such unsafe structures are hereby declared to be
illegal and shall be abated by repair and rehabilitation or by demolition
in accordance with the procedure of this chapter. Buildings and structures
may become unsafe by reason of damage by fire, the elements, age or
general deterioration. Vacant buildings not properly secured at doorways
and windows also serve as an attractive nuisance for young children,
who may be injured therein, as well as a point of congregation by
vagrants and transients. A dilapidated building may also serve as
a place of rodent infestation thereby creating a health menace to
the community. It is the purpose of this chapter to provide for the
safety, health protection and general welfare of persons and property
in the Town of Penfield by requiring such unsafe buildings to be repaired
or demolished and removed.
[Amended 2-3-2021 by Res. No. 21T-066]
A.
The Fire Marshal/Building Inspector shall examine or cause to be
examined every structure which, upon his/her own opinion or upon receipt
of information:
(1)
Is or may become dangerous or unsafe to the general public;
(2)
Is open at the doorways and windows, making it accessible to and
an object of attraction to minors under the age of 18 years of age,
as well as to vagrants and other trespassers;
(3)
Is or may become a place of rodent infestation;
(4)
Presents any other danger to the health, safety, morals and general
welfare of the public; or
(5)
Is unfit for the purposes for which it may be lawfully used.
B.
The Fire Marshal/Building Inspector shall report, in writing, to
the Town Board his/her findings and recommendations in regard to the
repair or demolition of each structure so examined and found to be
an unsafe structure.
A.
The Town
Board shall thereafter consider such report and by resolution determine,
if in its opinion the report so warrants, that such structure is unsafe
and dangerous and order its repair if same can be safely repaired,
or its demolition and removal.
B.
The resolution
ordering repair or demolition of the unsafe structure shall contain
the following:
(1)
A description of the premises;
(2)
A statement of the particulars in which the building is unsafe or
dangerous;
(3)
An order outlining the manner in which the building is to be made
safe and secure, or demolished and removed.
(4)
A statement that the securing or removal of such building 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;
(5)
A date, time and place for a hearing before the Town Board in relation
to such dangerous or unsafe building, which hearing shall be scheduled
not less than five business days from the date of service of the notice;
and
(6)
A statement that in the event of neglect or refusal to comply with
the order to secure or demolish and remove the building, the Town
Board is authorized to provide for its demolition and removal, to
assess all expenses thereof against the land on which it is located
and to institute a special proceeding to collect the costs of demolition,
including legal expenses.
A certified copy of the resolution and order adopted by the
Town Board pertaining to said unsafe structure shall be:
A.
Served upon the owner, agent, or person in control of such structure
in the same manner as prescribed for the service of a summons pursuant
to the Civil Practice Law and Rules;
B.
Posted securely upon or at each entrance to said unsafe structure;
and
C.
Filed in the office of the Monroe County Clerk.
In the event of the refusal or neglect of the person so notified to comply with said resolution and order of the Town Board, and after hearing, the Town Board shall provide for the demolition and removal of such unsafe structure either by Town employees or by contract. Except for emergency as provided in § 97-6 of this chapter, any contract for demolition and removal in excess of $5,000 shall be awarded by competitive bid.
Where the Town Board determines that there is a clear and imminent danger to the life, safety or health of persons and/or property unless an unsafe structure is immediately repaired and secured or demolished and removed, the Town Board may, by resolution, authorize the enforcement officer to immediately cause the repair or demolition of such unsafe structure. The expenses of any repair and securing or demolition and removal shall be a charge against the real property upon which such unsafe building is located and shall be assessed, levied and collected as provided in § 97-7. In an emergency situation, the authorized official shall have the authority to have the structure secured immediately.
All costs and expenses incurred by the Town in connection with
proceedings set forth in this chapter, including the cost of actually
making safe, securing or removing said dangerous and unsafe condition,
shall be assessed against the land on which the dangerous or unsafe
condition is or was located.
