Town of Clay, NY Inspections and Enforcement Procedures

§ 86-1 Purpose.

The purpose of this chapter is to promote and preserve the health, welfare and property of residents of and owners of property located within the Town of Clay by providing a method for the removal or repair of buildings and structures within the limits of the Town, that, from any cause, may now be or shall hereafter become dangerous or unsafe to the public.

§ 86-2 Unsafe building or structure not permitted.

No person, firm, corporation or association owning, possessing or controlling a building or structure in this Town shall permit, suffer or allow said building now or hereafter to be or become dangerous or unsafe to the public, from any cause whatsoever.

§ 86-3 Defects deemed unsafe or dangerous.

All buildings and structures which have any or all of the following defects shall be deemed "unsafe" or "dangerous" within the meaning of this chapter:

Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

Those which, exclusive of the foundation, show 33% or more of damage or deterioration of the supporting member or members or 50% of damage or deterioration of the nonsupporting enclosing or outside walls or covering.

Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.

Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of this Town.

Those which have become or are so dilapidated, decayed, unsafe, unsanitary, or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein.

Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.

Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.

Those which have parts thereof which are so attached that they may fall and injure members of the public or property.

Those which because of their condition are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of this Town.

§ 86-4 Inspections and reports.

The Commissioner of Planning and Development shall be the enforcement officer of this chapter and shall make inspections of all unsafe buildings and structures within the Town. The Commissioner of Planning and Development shall report to the Town Board all unsafe buildings and structures which from time to time may be found within the limits of the Town. When it is reported to the Town Board that a building or structure is in an unsafe or dangerous condition, the Town Board shall direct the Commissioner of Planning and Development to inspect the same and to report the condition of the same and his finding to the Town Board with all convenient speed.

§ 86-5 Town Board to determine if repairs can be made.

The Town Board shall thereafter consider the report of the Commissioner of Planning and Development and by resolution determine, if in its opinion the report so warrants, that the said building or structure is unsafe and dangerous and order its removal or repair if the same can be safely repaired, and further order that a notice shall be given to interested persons or corporations in the manner as hereinafter provided.

§ 86-6 Repair and removal notice requirement.

The notice shall contain the following:

A description of the premises.

A statement of the particulars in which the building or structure is unsafe or dangerous.

An order requiring the same to be made safe and secure, or removed.

That the securing or removal of the said buildings or structures shall commence within 30 days of the serving of the notice, as hereinafter provided, and shall be completed within 60 days thereafter.

That in the event of neglect or refusal of the persons and/or corporations served with the notice to comply with the same, a survey of the premises will be made by an inspector and architect or engineer to be named by the Town Board, and a practical builder, engineer or architect appointed by the said persons or corporations so notified.

That in the event of the refusal or neglect of the persons or corporations so notified to appoint a surveyor, the two surveyors named by the Town Board shall make the survey and report.

§ 86-7 Service of notice.

The said notice shall be served in the following manner:

By personal service of a copy thereof 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 premises as shown by the last preceding completed assessment roll of the Town, such service to be complete, and the thirty-day time period recited in the said notice to commence upon filing of an affidavit of personal service upon the owner with the Town Clerk; or

By mailing a copy of the said notice to such owner as aforesaid, by certified mail, return receipt requested, addressed to the last known address of the owner, and by affixing a copy of the said notice to the premises, such service to be complete, and the thirty-day time period recited in the said notice to commence 10 days after the filing of the return receipt and the affidavit of posting with the Town Clerk; and

By personal service of a copy of said notice upon any adult residing in or occupying said premises; or, if no such person can be reasonably found, by posting a copy of said notice upon the premises.

§ 86-8 Noncompliance with order.

In the event of neglect or refusal of the persons so notified to comply with said order of the Town Board, a survey of said premises shall be made in the following manner:

The Town Board shall appoint an inspector and architect or engineer and the persons so notified shall appoint a practical builder, engineer or architect who shall make the said survey and submit a written report thereon in regard to the unsafe or dangerous condition of said building or structure. If the persons so notified shall refuse or neglect to appoint a surveyor within 40 days after service of the notice, the two surveyors appointed by the Town Board shall proceed and report.

A signed copy of such report shall be posted on the said structure.

§ 86-9 Application to Supreme Court for order.

In the event the building or other structure shall be reported unsafe or dangerous under such survey, the Town Board may pass a resolution directing the Supervisor to make an application to the Supreme Court for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.

§ 86-10 Compensation of surveyors.

The said surveyors shall be paid reasonable compensation for the service performed by them in making their survey and in preparing the report thereof.

§ 86-11 Assessment of costs and expenses.

All costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, shall be assessed against the land on which said buildings or structures are located.