[HISTORY: Adopted by the Town Board of the Town of North Collins 2-6-2002 by L.L. No. 1-2002. Amendments noted where applicable.]
The purpose of this chapter is to provide for the removal or repair of buildings in business, industrial and residential sections of the Town of North Collins that, from any cause, may now be or shall hereafter become dangerous or unsafe to the public, and which continue in violation of the Town Code and to also provide for a means of abatement and enforcement of Town Law regarding continuing violations of the Town Code.
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.
Should the Code Enforcement Officer determine that any building or structure is unsafe or dangerous or that any dangerous or unsafe condition shall exist within any building or structure, or that there are continuing code violations with respect to any property or building, he shall submit notice by serving on the owner or one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, either personally or by registered mail, addressed to the last known address, if any, of the owner or one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk, containing a description of the premises, a statement of the particulars in which the building, structure or property is unsafe or dangerous or otherwise fails to comply with the Town Code and an order requiring the same to be made in compliance. If such service is made by registered mail, a copy of such notice shall be posted on the premises.
Such notice shall further provide that the person so served shall proceed to remedy the violation within 10 days of receipt of said notice.
In any instance where the Code Enforcement Officer shall determine that an emergency condition exists which is dangerous to the life or safety of any individual, he may require that the person so served shall commence the securing or removal of the buildings or structures within a period of less than 10 days from the receipt of said notice. However, in such instance, the notice shall state that there is such an emergency condition and shall specify both the condition and the time in which it must be corrected.
Should the Code Enforcement Officer determine that such an unsafe or dangerous condition exists within a building or structure that said building or structure constitutes an imminent threat to life, when the Code Enforcement Officer may cause to be posted at each entrance of such building a notice that said building is unsafe and its use or occupancy has been prohibited by the Code Enforcement Officer of the Town of North Collins, and he shall further be permitted to require, upon service of such written notice upon the occupants of said building, their removal from said building until said building had been secured or removed.
A copy of any such notice served pursuant to § 114-3 shall be filed in the office of the County Clerk of the County of Erie, which notice shall be filed 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, except as otherwise hereinafter provided in this section. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the Counsel to the Town. The Clerk of the county where such notice is filed shall mark such notice in any record or docket thereof as canceled of record upon the presentation and filing of such consent or a certified copy of such order.
Upon noncompliance with the order to remove or make safe and secure as provided in § 114-3 herein, a hearing shall be held before the Town Board. Notice of the time and place thereof shall be specified in the notice to repair or demolish served upon the owner or such persons having an interest in the property or structure as herein prescribed.
The cost and expenses incurred by the Town in connection with the proceedings set forth in this chapter for the correction of any unsafe or dangerous condition or the removal by the Town of any said building or structure upon the failure of the owner or other person notified to secure or remove the building or structure shall be assessed against the land on which said building or structure is located by the Assessor for the Town of North Collins.
The imposition of any penalty or fine provided in the Town Code shall not preclude the Code Enforcement Officer from instituting appropriate action to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. If the owner of a premises fails to comply with an abatement or correction order within the time prescribed, the Code Enforcement Officer shall cause the violation to be corrected or abated, either through an available public agency or by contract or arrangement with private persons, and the cost of such correction or abatement shall be charged against the real estate upon which the violation is located and shall be assessed against the premises on which said violation is located by the Assessor for the Town of North Collins.