[HISTORY: Adopted by the Town Board of the Town of Wilna 4-12-2021 by L.L. No. 1-2021[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 84,
Buildings, Unsafe, adopted 12-10-1984 by L.L. No. 2-1984, as amended
11-5-2020 by L.L. No. 3-2020.
This chapter shall be known as the "Unsafe Buildings and Structures
Law of the Town of Wilna." This chapter shall repeal, and replace,
any Town Ordinance, Local Law, Rule or Regulation inconsistent herewith.
Unsafe building(s) or structure(s) pose a threat to life and
property. Buildings and structures may become unsafe by reason of
damage by fire, the elements, age or general deterioration. Vacant
building(s) or structure(s) not properly secured 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. Unsafe
building(s) or structure(s) 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, protection and general
welfare of persons and property in the Town of Wilna by requiring
that such unsafe building(s) or structure(s) be appropriately repaired
and secured, or demolished and removed.
This chapter is enacted pursuant to Articles 2 and 3 of the
New York Municipal Home Rule Law and § 130(16) of the New
York Town Law, all as the same may be amended from time to time.
As used in this chapter, the following terms shall have the
meanings indicated:
A dwelling wholly or partly enclosed within exterior walls
or within exterior or party walls and a roof, affording shelter to
persons, animals or property.
It is intended to include, by example, any building or structure
or portion thereof which:
Has interior walls or other vertical structural members which
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle 1/3 of its base;
Exclusive of the foundation, shows 33% or more of damage to,
or deterioration of, the supporting member(s) or 50% damage to or
deterioration of the nonsupporting enclosing or outside walls or covering;
Has improperly distributed loads upon the floors or roofs or
in which the same are overloaded or have insufficient strength to
be reasonably safe for the purpose used;
Has been damaged by fire, wind or other causes so as to have
become dangerous to life or safety or the general health and welfare
of the occupants or others;
Has become or is so dilapidated, decayed, unsafe, unsanitary
or which so utterly fails to provide the amenities essential to decent
living that it is unfit for human habitation or is likely to cause
sickness or disease, so as to possibly result in injury to the health,
safety or general welfare of those living therein;
Has light, air and sanitation facilities which are inadequate
to protect the health, safety or general welfare of human beings who
live or may live therein;
Has inadequate facilities for egress in case of fire or panic
or has insufficient stairways, elevators, fire escapes or other means
of ingress and egress;
Has parts thereof which are so attached that they may fall and
injure persons or property;
Because of its condition, is unsafe, unsanitary or dangerous
to the health, or general welfare of people;
Is open at the doorways or windows or walls, making it accessible
to, and an object of attraction to, minors and other trespassers;
Is or may become a place of rodent infestation; or
Consists of debris, rubble or parts or buildings left on the
ground after demolition, reconstruction, fire or other casualty.
The Code Enforcement Officer of the Town or any other individual
specially empowered by Town Board resolution with the administration
and/or enforcement of this chapter.
An assembly of materials, forming a construction framed of
component structural parts for occupancy or use, including buildings.
When, in his or her opinion or upon receipt of information that
a building or structure (1) is or may become dangerous or unsafe to
the general public or an object of attraction to minors, vagrants
or other trespassers; (2) is, or may become, a place of rodent infestation;
(3) presents any other danger to the health, safety, and general welfare
of the public; or (4) is unfit for the purposes for which it may lawfully
be used, the Enforcement Official or his/her designee shall cause
or make an inspection thereof and report, in writing, to the Town
Board the findings and recommendations about its repair and securing
the same or demolition and removal. Said report also may include additional
reports from an engineer duly licensed in the State of New York.
The Town Board shall thereafter consider such report(s) and,
by resolution of a majority of its members, determine if, in its opinion,
the report(s) warrant that such building or structure is unsafe and
dangerous and order its repair or its demolition and removal, and
further order that the notice be served upon the appropriate person(s)
and in the manner provided herein.
The notice shall contain the following:
A.
The 911 address, tax parcel number(s) and a description of the building(s)/structures(s);
B.
A statement of the particulars in which the building or structure
is unsafe or dangerous;
C.
An order requiring the building or structure to be made safe and
secure or demolished and removed;
D.
A statement that the repair/securing or demolition/removal of such
building or structure shall start within seven calendar days after
the date of the close of the public hearing and shall be completed
within 30 days thereafter, unless extended in writing by the Enforcement
Official;
E.
The time and place for a hearing to be held before the Town Board
regarding the report(s) and notice to repair/secure or demolish/remove;
and
F.
A statement that in the event of neglect or refusal to comply with
the order to repair/secure or demolish and remove the building or
structure, the Town Board is authorized to provide for its demolition
and removal, to assess all costs and expenses thereof against the
owner(s) and to require repayment/reimbursement of all costs and expenses
of demolition and removal, including administrative, engineering and
legal costs and expenses.
The notice to repair or demolish shall be served on the owner(s)
or owner's executors, legal representatives, agents, lessees or any
other person having a vested or contingent interest in said property,
by personal service or by registered mail, return receipt requested,
addressed to the last known address, if any, as shown by the records
of the Receiver of Taxes and/or in the office of the Jefferson County
Clerk. If such service is made by registered mail, a copy of said
notice shall be posted on said building or structure.
A copy of the notice shall be filed in the office of the Jefferson
County Clerk, which notice shall be filed by such Clerk in the same
manner as a notice of pendency pursuant to Article 65 of the Civil
Practice Law and Rules by the State of New York and shall have the
same effect as a notice of pendency as therein provided. A notice
so filed shall be effective for 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 Town Attorney.
The Jefferson County Clerk shall mark such notice and any record or
docket thereof as canceled of record upon the presentation and filing
of such consent or of a certified copy of such order.
In the event of refusal, or neglect, of the person so notified
to comply with said order of the Town Board after the hearing, the
Town Board shall provide for the demolition and removal of such building
or structure either by Town employees or by contract with a third
party.
[Amended 12-13-2021 by L.L. No. 3-2021]
The Town shall be reimbursed for all costs of work performed
or services rendered by assessment and levy on the real property on
which such dangerous/unsafe condition was remedied, including but
not limited to the cost of demolition and removal of said building(s)
or structure(s), administrative, engineering, and legal costs and
expenses. The cost and expense so assessed shall constitute a lien
and charge on the real property on which it is levied until paid or
otherwise satisfied or discharged and shall be collected in the same
manner and at the same time as other Town charges. The lien shall
arise and attach to the property at the time the expense and costs
are necessarily incurred, and paid, by the municipality.
Where it reasonably appears that there is a present, clear and imminent danger to the life, safety or health of any person or property unless an unsafe/dangerous building or structure is immediately repaired and secured or demolished and removed, the Town Board may by resolution authorize the Enforcement Official or his or her designee to immediately cause the securing or demolition and removal of such unsafe building or structure. All costs and expenses of such securing or demolition shall be assessed as provided in § 84-11.
If any section, paragraph, subdivision or provision of this
chapter shall be declared unlawful or invalid, such determination
shall apply only to the section, paragraph, subdivision, or provision
adjudged unlawful or invalid and the remainder of this chapter shall
remain valid and effective to the maximum extent possible.
This chapter shall take effect immediately upon filing thereof
in the office of the Secretary of State.
