[HISTORY: Adopted by the Town Board of the
Town of West Seneca 8-10-1959. Amendments noted where applicable.]
This chapter provides for the removal or repair
of buildings in business, industrial, residential and agricultural
sections[1] that from any cause may now be or shall hereafter become
dangerous or unsafe to the public.
The Town Engineer and the Town Building Inspector
are hereby designated as officials to inspect any structure suspected
of being in violation of this chapter, and they shall file a written
report with the Town Board, spelling out in detail the findings of
their inspection.
A.
In the event that a building is felt to be unsafe,
collapsed or in need of removal or repair, a notice shall be served
upon the owner or some one of the owners, executors, legal representatives,
agents, lessees or any other person having a vested or contingent
interest in the property, either personally or by registered mail,
addressed to the last known address, if any, of the owner or others
listed above as shown by the records of the Receiver of Taxes and/or
in the office of the County Clerk. Said notice 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; and if such service is made
by registered mail, a copy of such notice shall be posted upon the
premises.
B.
Filing of notice. A copy of such notice shall be filed
in the office of the Erie County Clerk in the same manner as a notice
of pendency. Such notice shall be effective for one year and may be
vacated upon the order of a Judge or justice of a court of record,
or upon the consent of the Town Attorney.
[Added 6-18-1984]
The owner of the premises or person notified
shall commence the securing or removal of the building or structure
within 15 days of the mailing and posting or service of said notice
and shall diligently prosecute said removal or securing until the
project is complete.
[Amended 4-6-1970; 6-18-1984]
In the event of neglect or refusal of the person
served with notice to comply with the same, a hearing before the Town
Board shall be had. The time and place of such hearing shall be specified
in the notice to repair or demolish.
A report of the survey on the building and the
amount of compensation paid to the surveyors shall be posted upon
the Town Clerk's bulletin board and upon the premises, and a copy
shall be mailed to the person notified as above; said posted and mailed
reports shall be signed by the surveyors.
[Amended 6-18-1984; 11-9-2015 by L.L. No. 12-2015]
A.
In the event that the owner refuses or neglects to secure or remove
said building or structure, the Town shall do the necessary work involved,
either with Town employees or outside contractors, and the cost of
the removal or securing and all other expenses in connection with
the proceedings shall be assessed against the land on which the building
or structure is located.
B.
In addition to the cost or expense of such work ordered by the Senior
Code Enforcement Officer and/or his designee, there shall be a fee
of $200 for administrative costs for each occurrence.
