Hancock, New York

A LOCAL LAW PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED STRUCTURES

Be it enacted by the Town Board of the Town of Hancock.

SECTION 1. PURPOSE.

Unsafe buildings pose a threat to life and property in the Town of Hancock (the “Town”). Buildings and structures may become unsafe by reason of damage by fire, the elements, age or general deterioration. Vacant buildings not properly secure at doorways and windows also serve as an attractive nuisance for young children who may be injured therein, as well as a point of congregation by vagrants and transients. A dilapidated building may also serve as a place of rodent infestation, thereby creating a health menace to the community. It is the purpose of this Local Law to provide for the safety, health protection and general welfare of persons and property in the Town by requiring that such unsafe buildings be repaired or demolished and removed.

SECTION 2.

This Local Law shall be known as “Unsafe Buildings Law” of the Town of Hancock.

SECTION 3. DEFINITIONS.

(1) “Building” means any building, structure or portion thereof used for residential, business or industrial purpose.
(2) “Code Enforcement Officer” means the Code Enforcement official of the Town or such other person appointed by the Town Board to enforce the provisions of this Local law.
(3) “Town” means the Town of Hancock.

SECTION 4. INVESTIGATION AND REPORT

When the Code Enforcement Officer, in his/her own opinion, or upon receipt of information that a building (1) is or may become dangerous or unsafe to the general public; (2) is open at the doorways and windows, making it accessible to and an object of attraction to minors under eighteen years of age, as well as to vagrants and other trespassers; (3) is or may become a place of rodent infestation; (4) presents any other danger to the health, safety, morals and general welfare of the public; or (5) is unfit for the purposes for which it may lawfully be used, he or she shall cause or make an inspection thereof and report in writing to the Town Board of the Town his/her findings and recommendations in regard to its repair or demolition and removal.

SECTION 5. TOWN BOARD ORDER.

The Town Board shall thereafter consider such report and by resolution determine, if in its opinion the report so warrants, that such building is unsafe and dangerous and order its repair if the same can be safely repaired or its demolition and removal, and further order that a notice be served upon the persons and in the manner provided herein.

SECTION 6. NOTICE: CONTENTS.

The notice shall contain the following: (1) a description of the premises; (2) a statement of the particulars in which the building is unsafe or dangerous; (3) an order outlining the manner in which the building is to be made safe and secure, or demolished and removed; (4) a statement that the securing or removal of such building shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter, unless, for good cause shown, such time shall be extended; (5) a date, time and place for a hearing before the Town Board in relation to such dangerous or unsafe building, which hearing shall be scheduled not less that five business days from the date of service of the notice; and (6) a statement that in the event of neglect or refusal to comply with the order to secure or demolish and remove the building the Town Board is authorized to provide for its demolition and removal, to assess all expenses thereof against the land on which it is located, and to institute a special proceeding to collect the costs of demolition, including legal expenses.

SECTION 7. SERVICE OF NOTICE

The said notice shall be served 91) by personal service of a copy thereof upon the owner, executor, administrator, agent, lessee, or any person having a vested or contingent interest in such unsafe building as shown by the records of the Town Tax Collector or of the County Clerk; or if no such person can reasonably be found, by mailing such owner by registered mail a copy of such notice directed to his/her last known address as shown by the above records; and (2) by personal service of a copy of such notice upon any adult person residing in or occupying said premises if such person can be reasonably found; and (3) by securely affixing a copy of such notice upon the unsafe building.

SECTION 8.

A copy of the notice served as provided herein shall be filed in the office of the County Clerk of the County of Delaware.

SECTION 9. REFUSAL TO COMPLY

In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the demolition and removal of such building or structure either by Town employees or by contract. Except in emergency as provided in Section 11 hereof, any contract for demolition and removal of a building in excess of $20,000 shall be awarded through competitive bidding.

SECTION 10. ASSESSMENT OF EXPENSES.

All expenses incurred by the Town in connection with the proceedings to repair and secure or demolish and remove the unsafe building, including the cost of actually removing such building, and all reasonable and necessary legal expenses incidental thereto, shall, at the option of the Town Board, either:
a. Be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided for the levy and collection of a special ad valorem levy, or
b. Be collected by commencement of a special proceeding against the owner of said unsafe or dangerous building or structure pursuant to General Municipal Law Section 78-b.

SECTION 11. EMERGENCY CASES.

Where it reasonably appears that there is present a clear and imminent danger to life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the Town Board may by resolution authorize the Code Enforcement Officer to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in Section 10 hereof.

SECTION 12. SEPARABILITY.

Each separate provision of this Local Law shall be deemed independent of all other provisions herein, and if any provisions shall be deemed invalid, all other provisions hereof shall remain valid and enforceable.

SECTION 13. REPEALER.

This Local Law shall superseded all prior local laws, ordinances, rules and regulations relative to the repair or removal of unsafe buildings and collapsed structures within the Town and they shall be, upon the effective date of this ordinance, null and void.

SECTION 14. EFFECTIVE DATE.

This Local Law shall take effect upon its being duly filed in the Office of the Secretary of State of the State of New York as provided in Section 27 of the Municipal Home Rule Law.

Supervisor – Samuel N. Rowe Jr.
Councilman: William A Weyrauch
Councilman: Glenn Keesler Sr.
Councilman: Paul Vetrone
Councilman: James Gardner

Resolution Adopted: Dated: August 1, 2006

I hereby certify that the Local Law annexed hereto, designated as Local Law No. 2 of 2006 of the Town of Hancock was duly passed by the Town Board on August 1, 2006, in accordance with the applicable provisions of law.

Melody R Oliver
Town Clerk

I further certify that I have compared the preceding local law the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph above.

Melody R Oliver
Town Clerk Dated: August 3, 2006
State of New York
County of Delaware

I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto.

Leonard E Sienko Jr
Town Attorney Dated: August 3, 2006

Filed with the Department of State on August 7, 2006.