[HISTORY: Adopted by the Town Board of the Town of Mendon 5-12-1975 (Ch. 70 of
the 1994 Code). Amendments noted where applicable.]
This chapter shall be known as the "Unsafe Buildings and Collapsed
Structures Ordinance of the Town of Mendon."
This chapter, enacted by the Town Board of the Town of Mendon
pursuant to Article 9 of the Town Law of the State of New York, is
adopted to promote the public health, safety and general welfare of
the residents of the Town of Mendon and the conservation of property
and property values and shall be effective in the area of the Town
outside the incorporated Village of Honeoye Falls.
All buildings or structures which are structurally unsafe, dangerous,
unsanitary or not provided with adequate egress or which, in relation
to an existing use, constitute a hazard to safety or health by reason
of inadequate maintenance, dilapidation, obsolescence or abandonment
are, severally, for the purpose of this chapter, unsafe buildings.
All such buildings are hereby declared to be illegal and are prohibited
and shall be abated by repair and rehabilitation or by demolition
and removal in accordance with the procedure of this chapter.
[Amended 10-15-2018 by L.L. No. 3-2018]
When, in the opinion of the Code Enforcement Officer, any structure
located in the Town shall be deemed to be unsafe or dangerous to the
public, he shall make a formal inspection thereof or as directed by
the Town Board and report, in writing, to the Town Board his findings,
setting forth the defects thereof and his recommendations in regard
thereto.
The Town Board shall promptly, at the next regular Town Board meeting subsequent to the receipt of the report mentioned in § 117-4, and by resolution determine, if in its opinion the report so warrants, that the structure should be declared an unsafe building as defined in this chapter and order its demolition and removal or repair, if such structure can be safely repaired, and further order that a written notice stating the defects thereof shall be served on the owner or other party having a vested or contingent interest in said structure in the manner provided in this chapter. The notice shall require the owner either to complete specified repairs or improvements or to demolish and remove said building or structure or portion thereof within a stated time.
[Amended 10-15-2018 by L.L. No. 3-2018]
If the Code Enforcement Officer determines in his inspection
of any building or structure that there is actual and immediate danger
of failure or collapse so as to endanger life, he shall promptly require
the building, structure or portion thereof to be vacated forthwith
and not to be reoccupied until the specified repairs are completed,
inspected and approved by the Code Enforcement Officer. For this purpose
he may enter such building or structure or land on which it stands
or adjoining land or structures with such assistance and at such cost
as may be necessary. He may also order adjacent structures to be vacated
and protect the public by appropriate barricades or such other means
as may be necessary and for this purpose may close a private or public
right-of-way. The Code Enforcement Officer shall cause to be posted
at each entrance to such building or structure a notice stating, "This
building is unsafe and its use or occupancy has been prohibited by
the Code Enforcement Officer." Such notice shall remain posted until
the required repairs are made or demolition is completed. It shall
be unlawful for any person, firm or corporation or their agents or
other persons to remove such notice without written permission of
the Code Enforcement Officer or for any person to enter the building
except for the purpose of making the required repairs or the demolition
thereof.
[Amended 10-13-1980]
A.
The notice mentioned in § 117-5 shall be served on the owner of the building or structure or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in same, as shown by the records of the Receiver of Taxes or in the office of the Monroe County Clerk.
B.
The notice may be served personally or by registered mail.
C.
If the notice is served by registered mail, a copy thereof shall
be posted upon the premises.
[Amended 10-13-1980]
A.
A description of the premises.
B.
A statement of the particulars in which the building or structure
is unsafe or dangerous.
C.
An order requiring that the unsafe or dangerous building or structure
be made safe and secure or removed.
D.
The time and place of a hearing concerning the unsafe or dangerous
building or structure.
E.
The statement that the building or structure will be removed by the
Town in the event that the owner fails or refuses to repair or remove
the same within the time provided.
F.
A statement that the land on which the building or structure is located
will be assessed for all of the costs and expenses incurred by the
Town in connection with the proceeding to remove or secure the building
or structure, including the cost of actually removing said building
or structure, which assessment will be against the land on which said
building or structure is located.
[Added 10-13-1980]
A.
A copy of the notice mentioned herein above shall be filed in the
office of the Monroe County Clerk.
B.
A notice so filed with the Monroe County Clerk shall have the same
effect as a notice of pendency as provided by law.
C.
Said filed notice shall remain effective one year from the date of
filing; however, it may be vacated upon the order of a judge or justice
of a court of record or upon consent of the Town Attorney.
[Added 10-13-1980]
The Town Board shall hold a hearing on the date, time and at
the place specified in the notice, as set forth hereinabove, at which
time the owner of the premises or such persons interested in the property
or structure may appear and present their testimony.
[Amended 10-13-1980]
In the event that the owner fails or refuses to repair or remove
the dangerous or unsafe building or structure, as stated in the aforementioned
notice or upon such date as may be set by the Town Board following
the hearing, the Town may remove such building or structure and assess
the cost and expenses incurred in connection with proceeding to remove
or secure, including the costs of actually removing said building
or said structure, against the land on which said building or structure
is located.
[Amended 10-13-1980]
A.
Any person who neglects, refuses or fails to comply with any notice or order issued hereunder shall be subject to penalties provided in Chapter 9, Penalties and Enforcement, of the Town Code. Each week's continued violation of this chapter shall constitute a separate additional offense.
[Amended 11-28-1994 by L.L. No. 7-1994]
B.
The Town Board may elect to utilize any other available remedies
that may be available, pursuant to law, relevant to a violation of
this chapter.
