Town of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Orchard Park as Secs. 5-14 through 5-23 of the 1970 Code. Amendments noted where applicable.]
Any building or structure located within the town which may now be or which may hereafter become dangerous or unsafe to the public is hereby declared to be a nuisance.
Any building alleged to be dangerous or unsafe to the public shall be inspected by the Building Inspector, and the report of such Inspector shall be filed with the Town Board.
The Town Board may cause a notice to be served on the owner of a dangerous or unsafe building 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 registered 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 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. If such service be made by registered mail, a copy of such notice shall also be posted on the premises.
The notice provided for in § 47-3 shall contain a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring the same to be made safe and secure or removed.
The Town Board shall provide, in the notice provided for in §§ 47-3 and 47-4, for a period of time within which the person so served with such notice may commence the securing or removal of such building or structure.
[Added 5-16-1984[1]]
The Town Board shall provide for the filing of a copy of a notice in the office of the Erie 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 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 Town Attorney. The Erie 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.
[1]
Editor's Note: This ordinance also provided for the repeal of former Sec. 5-19, Survey and report at direction of town board.
[Added 5-16-1984[1]]
There shall be a hearing before the Town Board, notice of which and the time and place thereof to be specified in the notice to repair or demolish.
[1]
Editor's Note: This ordinance also provided for the repeal of former Sec. 5-20, Report of Survey to be posted.
[Added 5-16-1984[1]]
The notice of the hearing referred to in § 47-7 shall be served upon the owners and such persons having an interest in the property or structure as is described in the notice.
[1]
Editor's Note: This ordinance also provided for the repeal of former Sec. 5-21, Application for court order to abate condition.
[Added 5-16-1984[1]]
The Town Board shall provide for the removal of such building or structure by the town in the event such owner fails or refuses to repair or remove the same within the time provided.
[1]
Editor's Note: This ordinance also provided for the repeal of former Sec. 5-22, Compensation of surveyors.
The Town Board may assess all the costs and expenses incurred by the town in connection with the proceedings to remove or secure a dangerous or unsafe building or structure, including the costs of actually removing said building or structure, against the land on which said building or structure is located.