[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.
[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.
