[HISTORY: Adopted by the Town Board of the Town of Milo 4-21-1997 by L.L. No. 1-1997 (Ch. 72 of the 1997 Code). Amendments noted where applicable.]
Building construction — See Ch. 150.
This chapter shall be known as the "Unsafe Buildings Law of the Town of Milo."
Unsafe buildings pose a threat to life and property in the Town of Milo. 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 Milo by requiring that such unsafe buildings be repaired or demolished and removed.
As used in this chapter, the following terms shall have the meanings indicated:
- Any building or structure, or portion thereof, used for residential, business, recreational and/or industrial purposes.
- BUILDING INSPECTOR
- The Code Enforcement Officer of the Town of Milo or such other person appointed by the Town Board to enforce the provisions of this chapter.
The Building Inspector shall inspect and report to the Town Board any building which, for any cause, may now be or hereafter shall become dangerous to the public, and shall recommend the repair or removal of said building.
The Town Board shall thereafter consider such report and, by resolution, determine, if in its opinion the report so warrants, that such building is unsafe and dangerous and order its repair or removal; and further order that a notice be served in the manner as hereinafter provided; and further order the time within which the person served with such notice may commence the securing or removal of such building.
The notice shall contain the following:
A description of the premises.
A statement of the particulars in which the building is unsafe or dangerous.
An order requiring that the building be made safe and secure or demolished and removed by a certain time and date, which date shall be not less than 15 days from the date of service, except in emergency cases as described in § 162-11 hereof or unless the Building Inspector, in his or her sole discretion, shall grant a five-day extension necessary for the health, safety and welfare of the people of the Town.
A statement containing a date, time and place for a hearing before the Town Board, which hearing date is to be scheduled not less than five business days from the date of service of the notice.
A statement that, if the unsafe or dangerous building is not removed or repaired as specified, the Town Board is authorized to provide for its demolition and removal and will repair or remove the building at the expense of the owner of the property, and that all costs and expenses incurred by the Town in connection with the proceedings to remove or secure said building, including the cost of actually removing said building and legal expenses, shall be assessed against the land on which said building is located.
The notice shall be served on the owner, or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the same, either personally or by certified mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the same, as shown by the last preceding completed record of the Receiver of Taxes and/or in the office of the Yates County Clerk or County Register. If such service is made by certified mail, a copy of such notice shall be posted on the premises.
Such notice shall be filed in the office of the Yates County Clerk and shall have the same effect as a Notice of Pendency as provided for under the laws of the State of New York. 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 a justice of the court of record or upon consent of the Town Attorney.
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, as provided in § 162-6B hereinabove, the Town Board shall provide for the demolition and removal of such building either by Town employees or by contract. Except in emergency as provided in § 162-11 hereof, any contract for demolition and removal of a building in excess of $2,000 shall be awarded through competitive bidding.
All expenses incurred by the Town in connection with the proceedings to repair and secure or demolish and remove the unsafe building, including the cost of actually removing such building, and all reasonable and necessary legal expenses incidental thereto, shall, at the opinion of the Town Board, either:
Be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of a special Milo Town property tax bill levy; or
Be collected by commencement of a special proceeding against the owner of said unsafe or dangerous building or structure pursuant to General Municipal Law § 78-b.
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 is immediately repaired and secured or demolished, the Town Board may by resolution authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expense of such repair or demolition shall be charged against the land on which it is located and shall be assessed, levied and collected as provided in § 162-10 hereof.
Offenses against this chapter shall be punishable as follows:
Any owner(s) or person(s) in charge of a building or structure who shall fail to comply with any notice or order herein or who shall violate any of the provisions of this chapter or orders given pursuant thereto or who shall resist or obstruct the Code Enforcement Officer in carrying out the provisions of this chapter, shall be subject to a conviction of a violation as defined in the Penal Law of the State of New York and shall be subject to a fine of not more than $250 for each offense.
The Town Board of the Town of Milo may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter, notwithstanding that this chapter provides a penalty or other punishment for such violation.
The provisions of this chapter shall not be deemed to be a limitation or restriction on the authority of any department, official or employee of the Town pursuant to any other ordinance, local law, statute or other enactment of the Town or the State of New York.