A.
The purpose of this Part 5 is to protect the life, health, property
and/or safety of the public and/or the occupants of the Town by providing
a method for the demolition, repair and/or securing of equipment and/or
structures that, from any cause, may now be or shall hereafter become
unfit for human occupancy and/or unsafe.
B.
The Town Board finds that structures unfit for human occupancy, unsafe
equipment and/or unsafe structures are a detriment to adjoining structures
and/or lots of record, constitute a public nuisance, and/or a threat
to the life, health, property and/or safety of the public and/or the
occupants of the Town. Such conditions also invite vandalism and/or
necessitate additional fire and/or law enforcement protection for
the fire prevention and/or security of such equipment and/or structures.
C.
Structures unfit for human occupancy and unsafe equipment and/or
structures serve as an attractive nuisance for young children who
may be injured therein, may be a point of congregation by vagrants
and transients, may attract rodents or insects and may also attract
illegal activity. The powers conferred upon the Town by this Part
5 shall be in addition to all other powers conferred upon the Town
by state law in relation to the same subject(s).
The following terms are specific to this article:
This term shall bear the same meaning as "imminent danger"
that is defined in the Uniform Code.
This term shall bear the same meaning as "structure unfit
for human occupancy" that is defined in the Uniform Code.
This term shall bear the same meaning as "unsafe conditions"
that is defined in the Uniform Code.
This term shall bear the same meaning as "unsafe equipment"
that is defined in the Uniform Code.
This term shall bear the same meaning as "unsafe structure"
that is defined in the Uniform Code.
No owner of equipment and/or structure, including a portion
thereof, located within this Town shall allow and/or permit such equipment
and/or structure now or hereafter to be or become unfit for human
occupancy and/or unsafe from any cause whatsoever.
A.
The Code Enforcement Officer shall make inspections of any structure
unfit for human occupancy, unsafe equipment and/or unsafe structure
located within the Town. This officer shall take the applicable action(s)
prescribed in the Uniform Code if he/she/they determine a structure
unfit for human occupancy, unsafe equipment and/or an unsafe structure
exists. Furthermore, this officer shall determine if such equipment
and/or structure is an imminent danger. The Code Enforcement Officer
may request assistance from the Town Attorney, Town Engineer or any
other qualified person to make such determination.
B.
An order to remedy prescribed within this chapter shall be served
on the owner if the Code Enforcement Officer determines a structure
is unfit for human occupancy, unsafe equipment and/or unsafe structure
is located within a lot of record.
C.
Due process. Nothing in this chapter shall be construed as authorizing
the Code Enforcement Officer in his/her/their administration and enforcement
of the Uniform Code to deprive any person or entity of due process
of law.
(1)
Hearing. An order to remedy pertaining to a structure unfit for human
occupancy, unsafe equipment and/or an unsafe structure shall inform
the owner of his/her/their opportunity to be heard by the Town Board.
The owner shall request this hearing within 30 calendar days of the
date of such order.
(2)
The procedure for this hearing is prescribed within this Part 5.
D.
Posting of placard. The Code Enforcement Officer shall post a placard
mandated by the Uniform Code upon a structure unfit for human occupancy,
unsafe equipment and/or an unsafe structure under the following condition(s):
If the Code Enforcement Officer determines that unsafe equipment
and/or an unsafe structure is an imminent danger, this officer shall
take the following additional/alternative action(s):
A.
In cases of imminent danger, posting of the placard mandated by the
Uniform Code is permitted without first providing the owner the opportunity
to be heard by the Town Board. However, the order to remedy shall
inform the owner of his/her/their right to request a post-action hearing.
The owner shall request this hearing within 30 calendar days of the
date of such order.
B.
Submit a written report to the Town Board of the imminent danger
of such equipment and/or structure.
The hearing prescribed in this Part 5 shall be conducted by
the Town Board. The Code Enforcement Officer shall present his/her/their
written report to this Board. The owner or his/her/their representative,
if present, shall call such witnesses as he/she/they deems necessary.
The Town Board shall make written findings of fact from the testimony
offered as to whether the equipment and/or structure in question is
unfit for human occupancy, unsafe equipment and/or unsafe structure.
The Town Attorney shall file a copy of the order to remedy at
the office of the County Clerk upon directive of the Town Board. This
order shall be filed in the same manner as a notice of pendency pursuant
to Article 65 of the Civil Practice Law and Rules of NYS, as currently
in effect and as hereafter amended from time to time, or any successor
rules, regulations, or statutes, and shall have the same effect as
a notice of pendency as therein provided, except as otherwise hereinafter
provided. 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 Town Attorney.
A.
General. The Town Board may demolish, repair and/or secure a structure
unfit for human habitation, unsafe equipment and/or an unsafe structure
in the event of the failure of the owner served with an order to remedy
and afforded a public hearing pursuant to this Part 5.
B.
Emergency work.
(1)
The Town Board may cause necessary emergency work (e.g., board/secure
structure) to be performed to render a structure unfit for human habitation,
unsafe equipment and/or an unsafe structure temporarily safe that
is an imminent danger. This action can be performed whether the procedure
prescribed in this Part 5 has been instituted or not.
(2)
When emergency work is to be performed under this section, the Code Enforcement Officer shall cause the owner thereof to be served personally or by registered mail, return receipt requested, and if served by registered mail, shall post on the premises an order to remedy as prescribed in this Part 5. This order shall also inform the owner of the conditions of imminent danger which constitute an emergency, and the owner shall take all necessary actions to abate such conditions within a specified time not to exceed three calendar days from the actual or constructive receipt of notice.
(a)
In the event that the emergency does not permit any delay in
correction, this order shall state that the Town has corrected the
conditions of imminent danger.
(3)
The order to remedy shall state the emergency work will be assessed
against the lot of record pursuant to the provisions of this Part
5.
In addition to the procedures provided in this Part 5, the Town
Board may request the Town Attorney to make an application to the
Supreme Court of NYS for an order determining the structure unfit
for human habitation, unsafe equipment and/or unsafe structure to
be a public nuisance and directing that such equipment and/or structure
be demolished, repaired and/or secured.
All expenses incurred by the Town in connection with the proceedings
to demolish, repair and/or secure a structure unfit for human habitation,
unsafe equipment and/or an unsafe structure, including the cost of
actually demolishing, repairing and/or securing such equipment and/or
structure, and all reasonable and necessary legal expenses incidental
thereto, shall, at the opinion of the Town Board, either:
A.
Be assessed against the land on which said equipment and/or structure
is located and shall be collected pursuant to Subdivision 16 of § 130
of the Town Law of NYS, as currently in effect and as hereafter amended
from time to time, or any successor rules, regulations, or statutes;
or
B.
Commence a special proceeding against the owner of said equipment
and/or structure pursuant to § 78-b of the General Municipal
Law of NYS, as currently in effect and as hereafter amended from time
to time, or any successor rules, regulations, or statutes.
