TOWN OF PINCKNEY
UNSAFE STRUCTURES LAW
April 2003
Section 1. Purpose
Unsafe structures pose a threat to life and property in the Town of Pinckney. Buildings and structures may become unsafe by reason of damage by fire, the elements, age or general deterioration. Vacant buildings not properly secured at doorways and windows also serve as an attractive nuisance for young children who may be injured therein, as well as point of congregation by vagrants and transients. A dilapidated structure 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 of Pinckney by requiring such unsafe structures be repaired or demolished and removed.
Section 2. Authority
This law is enacted pursuant to Articles 2 and 3 of Municipal Home Rule Law and Section 130 (16) of the Town Law.
Section 3. Name
This local law shall be known as the "Unsafe Structure Law of the Town of Pinckney.”
Section 4. Definitions
Words used in this law shall have the following meaning:
Structure: Anything constructed or erected, the use of which requires location on the ground, or attachment to something located on the ground.
Enforcement Officer: The enforcing officer of the Town of Pinckney or such other person appointed by the town board to enforce the provisions of this local law.
Section 5. Investigation and Report
The enforcement officer, when in his own opinion or upon receipt of information that a structure (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 or 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, shall cause or make an inspection thereof and report in writing to the town board his findings and recommendations in regard to its repair or demolition and removal.
Section 6. Town Board Order
The town board shall thereafter consider such report and by resolution determine, if in its opinion the report so warrants, that there is a probable cause to believe that such structure 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 same manner provided herein.
Section 7. Contents of Notice
The notice shall contain the following: (1) a description of the premises, (2) a statement of the particulars in which the structure is unsafe or dangerous, (3) a report outlining the manner in which the structure is to be made safe or secure, or demolished and removed, (4) a statement that the securing or removal of such structure 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 structure, which hearing shall be scheduled not less than ten 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 structure, the town board is authorized to provide for its demolition and removal, to assess all expenses thereof against the owner and to institute a special proceeding to collect the costs of demolition, including legal costs.
Section 8. Service of Notice
The said notice shall be served (1) by personal service of a copy thereof upon the owner, executor, administrator, agent, lessee, or any person having a vested interest or contingent interest in such unsafe structure as shown by the records of the tax collector or of the county clerk; or if no such person can be reasonably found by mailing such owner by certified mail a copy of such notice directed to his 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 such premises if such person can be reasonably found, and (3) by securely affixing a copy of such notice upon the unsafe structure.
Section 9. Notice to County Clerk
A copy of the notice served as provided herein shall be filed in the Office of the Lewis County Clerk.
Section 10. 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 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.
Section 11. Recovery of Costs
All costs and expenses incurred by the town in connection with the administratively and/or judicially substantiated proceedings to remove or secure, including the cost of actually removing said building or structure shall be assessed against the land on which said building or structure is located.
The town board may commence a special proceeding in a court of competent jurisdiction to collect the cost of demolition, removal or repair of such structure, including reasonable and necessary expenses or incidental to obtaining an order to demolish, from the owner or occupant of any structure that may now be or shall hereafter become dangerous or unsafe to the public. The provisions of Article 4 of the Civil Practice Law and Rules shall govern any special proceeding commenced under this section.
Section 12. Emergency Cases
Where it reasonably appears that there is present a clear an imminent danger to the life, safety, or health of any person or property, unless an unsafe structure is immediately repaired and secured or demolished, the town board may by resolution authorize the enforcement officer to immediately cause the repair or demolition of such unsafe structure. The expenses of such repair or demolition shall be recovered as provided in Section 11 hereof.
Section 13. Cost of Enforcement Officer
The enforcement officer appointed as provided herein shall be paid reasonable compensation as shall be fixed by the town board.
Section 14. Validity
If any section, paragraph, subdivision, or provision of this law shall be declared invalid, such invalidity shall apply only to the section, paragraph, subdivision, or provision adjudged invalid and the rest of the law shall remain valid and effective.
Section 15. Effective Date
This law shall take effect immediately upon filing thereof in the Office of the Secretary of State.
