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Town of Evans, NY
Erie County
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Table of Contents
Table of Contents
Any dwelling or dwelling units, rooming house or rooming unit or premises having any of the defects found in Subsections A, B, C and D may be designated by the Building Inspector as unfit for human habitation or use and may be so placarded.
A. 
The structure lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public as are required by this chapter.
B. 
The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested in such a manner as to create a serious hazard to the health and safety of the occupants or the public.
C. 
The structure or premises, including foundations, because of the general conditions, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public.
D. 
The structure, because of the failure of the owner or occupant to comply with such notices or order issued pursuant to this chapter, is unfit for human habitation or use.
Whenever the Building Inspector determines that a dwelling, dwelling unit, rooming house or rooming unit or premises is unfit for human habitation or use, as provided in § 158-73, he may include such finding within the notice of violation provided for in § 158-66 of this chapter. He may also include a notice of his intent to vacate and placard the dwelling, dwelling unit, rooming house or rooming unit or premises if compliance with the provisions of the notice of violation is not secured within the time specified.
Whenever a notice of violation, as provided in § 158-74 of this chapter, has not been complied with, the Building Inspector may order the dwelling, dwelling unit, rooming unit or rooming house to be vacated. A copy of such order to vacate shall be served on the occupant and owner, agent or operator, as provided in § 158-66 of this chapter.
Any dwelling, dwelling unit, rooming house or rooming unit or premises designated as unfit for human habitation or use pursuant to § 158-73 and ordered to be vacated as provided in § 158-75 shall be vacated within such reasonable time as the Building Inspector may specify in the order. No such dwelling or dwelling unit shall again be used for human habitation or the placard removed until written approval is secured from the Building Inspector.
No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in § 158-76.
The owner, agent or operator of any dwelling, dwelling unit, rooming house or rooming unit or premises which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, rooming house or rooming unit safe and secure in whatever manner the Building Inspector shall deem necessary. Any vacant building, open at the doors and windows, if unguarded, shall be deemed a direct hazard or immediate danger to the health and safety of the general public.
Whenever the Building Inspector designates a building unfit for human habitation, the Building Inspector may institute proceedings pursuant to this chapter to remove and demolish said structure or building. The expenses thereof may be recovered pursuant to § 158-70 herein.