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HomeMy WebLinkAbout1978 #1(Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. County ..1ja iff — of .........�.................................................................................................. �Trown ���0`�` Village. Local Law No. ....................... of the year 19 Alocal law ............................. It")#`.4Lm.................................................................................................... TI.. sert title) Be it enacted by the ....... TMM as Wd . of the ......................................................................................................................... (Name of Legislative Body) Lof..................'*a+............................................................................................................................ as follows: Town agepo YAWW t 11 'ii► Ste! MIAWOCA LAW 1W(If additional space is needed, please attach sheets of the same size as this and number each) " • 1 . ii.' i . I� 1 II 1 11-d' .. i 1 L' SIL: . I. J I. i Page 1 LOCAL LAW NO. 1 OF THE YEAR 1978 Entitled Unsafe Buildings Law Be it enacted by the Town Board of the Town of Groton Section 1. Purpose Unsafe buildings pose a threat to life and property_ in the town of Groton. 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 congregati-Qn 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 of Groton by requiring such unsafe buildings be repaired or demolished and removed. Section 2. This local law shall be known as "Unsafe Buildings Law" of the Town Tof Groton. Section 3. Definitions (1) "Building" means any building, structure or portion thereof used for residential, business or industrial purposes (2) "Building Inspector" means the building inspector of the Town of Groton or such other person appointed by the Town Board to enforce the provisions of this local law. Section 4. Investigation and Report. When in his 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 miners 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 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 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 of its demolition and removal, and further order that a notice be served upon the persons and in the manner provided herein. -1- N r 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 ht.ii.lding shall commence witnis thirty days of the service of the notice and shall be completed within sixty days thereafter, unless for good cause shown such time shall be extended, (S)_a statement that in the event of neglect or refusal of the person served with the notice to comply with the same, a survey of the premises will be mad(!- and ade-and if such survey shall report the building unsafe or dangerous, an application will be made at Special Term of the Supreme Court in the Judicial District in which the property is located for an order determining the building to be a 4, public nuisance and directing that it shall be repaired and secured or demolished and removed, and that the expenses of the proceeding to secure or remove the building, including the actual cost of securing or removing such building shall be assess& against the land on which it is located. Section 7. 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 or contingent interest in such unsafe building as shown by the records of the receiver of taxes (or tax collector) a or of the county clerk; or if no such person can be reasonably found by mailing such owner by registered 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 res Iing in or occupying said premises if such person can be reasonably found and (3)'by securely affixing a copy of such notice upon the unsaf e building. Section 8. Refusal to Comply: Survey. In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board, the Town Board shall appoint the building inspector and an architect, and the person so notified shall appoint a practical builder, engineer or architect to make a survey of the unsafe building and submit a written report thereon. If the person so notified shall refuse or neglect to appoint such a surveyor within forty days after service of the said -notice, the two surveyors by -the Town Board shall proceed and make the report. A signed copy of such report shall be affixed securely.to such building. Section 9. Application to Court. In the event the building shall be -2- r reported unsafe or dangerous in such survey, the Town Board may by resolution direct the supervisor of the town to make an application at a Special Term of the Supreme Court in the Judicial District in which such property is located for an order determining the building to be a public nuisance and directing that it shall be repaired or secured or demolished and removed. 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, shall be assessed against the land on which such building is located and shall be levied and collected in the same manner as -�- provided in article fifteen of the Town Law for the levy and collection of a special ad valorem levy. Section 11. Emergency Cases. Where it reasonably appears that there is present a clear and imminent danger to the life, saf'ety 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 building inspector 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 itis located and shall be assessed, levied and collected as provided in section 10 hereof. Section 12. The surveyor appointed as provided herein shall be - paid reasonable compensation as shall be fixed by the Town Board. Section 13. This local: law shall take effect immediately upon filing 4 , thereof in the Office of the Secretary of State. 0 v Town SupervisorV , e4-eL�- - 3-= (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption hx., local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. ...... I.......... of 1-9.7#.. County of the Uity of ...... OWn Village .601.r.,......... ..........19....70 in accordance with the appli(-ahle provisions of law. ...... was duly passed by the ....'ft+.. < . , f Legislative Bodyl on ........ &M,V�W' *«ri&­p#.....7. 2. (Passage r by. local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) .I hereby certify that the local law annexed hereto, designated as local law No...................of 19..%7 ,Coun,L�. C�• 1•-- was duly passed h the ......... �,.,�� Town Iame0 egislative Body) „,'40t. disapproved, on .... ...................19....�� and was aPProved y the E1 ch f .............�f........ rE'paS� dGwrdlSappl'OVal ective ie Executive icer and was deemed duly adopted on ......., ..............................19.7g.. , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ................... of 19.......... County ofthe City of ........................:............. was duly passed by the...................................................................................... Town (Name of Legislative Body) Village not disapproved on...................................................19........ and was approved by the............................................................... repassed after disapproval Elective Chief Vxecutive Officer * on......................................................................19......... b- e Such local law, was submitted to the people y reason of a u w o mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on......................................................19........ , in accordance with the app i- annual • cable provisions -of law. 4. (Subject to permissive referendum , and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto, des ignated as local law No. .................. of 19.......... County ofthe City of .......................... ......... was duly passed by the..............................................................................on Town (Name of Legislative Bode) Village not disapproved ...................................................... 19........ and was approved by the.........................................................on repassed after disapproval Elective Chief Executive Officer * ..............................................................19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19........, in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or village or the supervisor of a town, where such officer is vested with power to approve or veto local laws or ordinances. Page 2 S. (Cit% local lit -A' conccr-iin- Vh.irtrr rf• . iii(in hropnsell by petition.) I lIt- iobN (.C. ,If . ►.is th, to. dr.:ignated na lor'nl 1nw No. .................... of 19 ....... of thy. City of...... .................... ..... ........................... .1.1� c.0 hecii suhmittod to referendum pursuant tot e pro��igions of § 37 ��i .��.. ',���i�i� il,:►1 1;. mp Rult, Lnw.n��d '.aving ror�eived the Affirmntive vote of a majority of the qualified elFrtors of such rit) .-oting thereon nspec~ial t the election held on .................................. genFrnl ................ 19 ............ became operative. 6, (County Incal law cottceriting adoption of Charter.) hereby ccrtify' that th. local I.iw annexed hereto. designme d ae Local Law No....... of 19...... of the County of ......................................... St;Itc of New N'oi-k-, having beet► side totted to the HlectoM 31 the General Election of Noe ember ........... 19 ........... pursriant to satb livisiolts � and 7 of Section 33 of the Muni- cipal Mine Rule L.aw.and haviitt; rc(:cived the affiriiimivk- vote ol' a »t;tjority of the giialified clectom of the citie% of said Cnunty as .► unit 3110 (4 ,i ni.ijority ()t* the gwilihwd c•Iec lor,; OI* the towns of paid couiity considered as a unit voting at raid general election, became operihvc. (IE anti vtli*sr authrwized form of final adoption huy Been followed, plea, -%e provide an Appropriatr+ certification. M' i further certify that I have compared the preceding locni liw with the original on file in this office and that the same is a correct transcript therefrom and of the whole of Ruch original 10ral law, and was finally adopted in the manner indicated in paragraph ............................ llx)ve. Date: XVJ /9 7r (Sea ll Clerk of the County legistxttre body. City. Town or VUlese CUrk or officer detigmited by loc.W letislative body a �& c C,1 rr �. Pierse % —r* Li h C te.r K (Certi[ication'to he executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY 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. Date: .�� / 77 7- ... .. �, 4. .......... �t V Ire .... Yvan• Attorney ......................... . Tllle Page .1 Mixkw Rte+ of Groton . ... .............I...................... 'l own ....""' YMNOW I I 5. (Cite local law concerning Charter re,, lsion proposed by petition.) 1 hure ) c.e, t►,a;, th, Iot- %"%" ;aNti .:Mc xe+ll hP;Pto, ated as local law No... .................. of 19. ....... of the City of.........................................................................A1 % X44 been submitted to referendum pursuant to the U' provisions of § 36 of <<,<_:.',;anicipal 1;._,rue Rule Law, air;? .aving received the affirmative vote of a ma'ority § 37 J of the qualified electors of such city -�-oting thereon at the special pecial election held on .................................. g ................ 19 ............ became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that th, local law annexed hereto, designated as Local Law No....... of 19.,.... of the County of ••••••••••••••••••••• .................... State of New �'orl;, having been submitted to the Electors at the General Election of November .......... 1 19 .........., pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Horne Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the (JUalified electors of the towns of said county considered as a unit votbig at said general election, became operative. (if anyo-_ther aahwiized form of final adaption has been followed, please provide an appropriate c'f ication.) I further certify that I have compared the preceding local law with 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. Clerk of the County legislative body, City, Town or Village Clerk or officer designated by local legislative body f.�. y 14A;'-'+ .. Date: � .yz .,� J / � 7 �f - � o �c rle -e Pie rsG 'h v �, h � le_r K (Seal) (Certification'to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF., ................................. 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. .. . Signature IVi 1K 1 • . '�"a��� 11 ��t� tRs► v► ....................... :................... Title Date: / %7 7- "'f mmi-7- J 1_;I ty of ..................... clot.*&.... Town.. ................................... Page 3