[HISTORY: Adopted by the Town Board of the Town of Alden 3-4-1974 (Ch. 7A of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building Code administration — See Ch. 109.
Property maintenance — See Ch. 263.
Zoning — See Ch. 365.
A. 
The Town Board of the Town of Alden recognizes the need to remove buildings or structures within the Town of Alden which are unsafe to the citizens of the Town of Alden.
B. 
The Town Board further recognizes that buildings are not unsafe solely because of their age or appearance and further recognizes that certain structures and buildings which may be in literal violation of this chapter create no hazard because of their location distant from any other structure.
C. 
It is the purpose of this chapter to provide a manner in which structures which are unsafe may be inspected and removed if they cannot be repaired.
D. 
It is the further purpose of this chapter that the property of any citizens shall not be taken without due process of law.
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, §§ 107 and 108 of the Property Maintenance Code of New York State.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
For the purpose of this chapter, the terms used herein are defined as follows:
DANGEROUS BUILDINGS
All buildings or structures which have any or all of the following defects:
A. 
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
B. 
Those which, exclusive of the foundation, show 33% or more of damage or deterioration of the supporting member or members, or 50% or more of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
C. 
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
D. 
Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Town of Alden.
E. 
Those which have become or are so dilapidated, decayed, unsafe or unsanitary, or which so utterly fail to provide the amenities essential to decent living, that they are unfit for human habitation or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein.
F. 
Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
G. 
Those having inadequate facilities for egress in case of fire or panic, or those having insufficient stairways, elevators, fire escapes or other means of communication.
H. 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
I. 
Those which, because of their condition, are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of this Town.
J. 
Those buildings existing in violation of any provision of any local law or ordinance of this Town.
The following standards shall be followed in substance by the Building Inspector in ordering repair, vacation or demolition:
A. 
If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired.
B. 
If the dangerous building is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated.
C. 
In any case where a dangerous building is 50% damaged or decayed or deteriorated from its original value or structure, it shall be demolished; and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be demolished. In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this chapter or any ordinance or local law of the Town of Alden or any law of the State of New York, it shall be demolished.
All dangerous buildings within the terms of this chapter are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The Building Inspector of the Town of Alden shall:
A. 
Inspect or cause to be inspected semiannually all public buildings, schools, halls, churches, theaters, hotels, motels, tenements, amusement buildings, commercial buildings and manufacturing buildings for the purpose of determining whether any conditions exist which render such places a dangerous building within the terms of this chapter.
B. 
Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this chapter.
C. 
Inspect any building, wall or structure reported, as hereinafter provided for, as probably existing in violation of the terms of this chapter.
D. 
Notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the land records of the County Clerk of Erie County, of any building found by the Building Inspector to be a dangerous building within the standards set forth in this chapter, that the owner must vacate, repair or demolish said building in accordance with the terms of the notice and this chapter; the occupant or lessee must vacate said building, or may have it repaired in accordance with the notice and remain in possession; the mortgagee, agent or other persons having an interest in said building, as shown by the land records of the County Clerk of Erie County, may at his own risk repair, vacate or demolish said building or have such work or act done; provided that any person notified under this subsection to repair, vacate or demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.
E. 
Set forth in the notice provided for in Subsection D hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 30 days, as is reasonable.
F. 
Report to the Town Board any noncompliance with the notice provided for in Subsections D and E hereof.
G. 
Appear at all hearings conducted by the Town Board and testify as to the condition of dangerous buildings.
H. 
Place a notice on all dangerous buildings reading as follows: "This building has been found to be a dangerous building by the Building Inspector of the Town of Alden. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee or agent of this building, and all other persons having an interest in said building as shown by the land records of the County Clerk of Erie County. It is unlawful to remove this notice until such notice is complied with."
The Town Board of the Town of Alden shall:
A. 
Upon receipt of a report of the Building Inspector as provided for in this chapter hereof, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the County Clerk of Erie County, to appear before the Town Board on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein.
B. 
Hold a hearing and hear such testimony as the Building Inspector or the owner, occupant, mortgagee, lessee or any other person having an interest in said building, as shown by the land records of the County Clerk of Erie County, shall offer relative to the dangerous building.
C. 
Make written findings of fact from the testimony offered pursuant to Subsection B as to whether the building in question is a dangerous building within the terms hereof.
D. 
Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building, as shown by the land records of the County Clerk of Erie County, to repair, vacate or demolish any building found to be a dangerous building within the terms of this chapter, provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said dangerous building; or any person not the owner of said dangerous building, but having an interest is said building, as shown by the land records of the County Clerk of Erie County, may demolish said dangerous building at his own risk to prevent the acquiring of a lien against the land upon which said dangerous building stands, by the Town, as provided in Subsection E hereof.
E. 
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection D hereof within 10 days, the Town Board shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in this chapter, and shall, with the assistance of the Town Attorney, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien, or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner, provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of this Town, the Town Board shall notify the Town Attorney to take legal action to force the owner or make all necessary repairs or demolish the building.
F. 
Report to the Town Attorney the names of all persons not complying with the order provided for in Subsection D hereof.
The owner of any dangerous building who shall fail to comply with any notice or order to repair, vacate or demolish said building given by any person authorized by this chapter to give such notice or order shall be guilty of a violation and, upon conviction thereof, shall be fined a sum not exceeding $1,000 for each offense and a further sum of $100 for each and every day such failure to comply continues beyond the date fixed for compliance. The occupant or lessee in possession who fails to comply with any notice to vacate and who fails to repair said building in accordance with any notice given, as provided for in this chapter, shall be guilty of a violation and, upon conviction thereof, shall be fined a sum not exceeding $1,000 for each offense and a further sum of $100 for each and every day such failure to comply continues beyond the date fixed for compliance.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Town Attorney of the Town of Alden shall:
A. 
Prosecute all persons failing to comply with the terms of the notices provided for herein and the order provided for in § 115-7D.
B. 
Appear at all hearings before the Town Board in regard to dangerous buildings.
C. 
Bring suit to collect all municipal liens, assessments or costs incurred by the Town Board in repairing or causing dangerous buildings to be vacated or demolished.
D. 
Take such other legal action as is necessary to carry out the terms and provisions of this chapter.
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous building as defined herein is immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the Town Board, and the Town Board shall cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in § 115-7E hereof.
In cases, except emergency cases, where the owner, occupant, lessee or mortgagee is absent from the Town, all notices or orders provided for herein shall be sent by registered mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building, as shown by the land records of the County Clerk of Erie County, to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the dangerous building to which it relates.
No officer, agent or employee of the Town of Alden shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the Town of Alden as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the Town Attorney until the final determination of the proceedings therein.