TOWN OF VIENNA
LOCAL LAW #4 OF 2016
TOWN OF VIENNA UNSAFE BUILDINGS LAW
Link to the PDF of this law
1. Title
This local law shall be known as the “Town of Vienna Unsafe
Buildings Law.”
2. Purpose
The purpose of this local law is to protect the health, safety,
welfare of the residents of the Town of Vienna by providing a
mechanism by which the Town can require the repair, demolition
or removal of unsafe buildings or structures. This law also
shall allow the Town to recover the costs expended by the Town
to repair, demolish and/or remove unsafe and/or burned out
buildings or collapsed structures, when the property owner or
mortgagee refuses to remedy the conditions of the property.
3. Legislative Findings
The Town Board of the Town of Vienna recognizes that unsafe,
collapsed, rotted or burned buildings/structures pose a threat
to life and property. Buildings and other structures may become
unsafe by damage from fire, flood, the elements, age or general
deterioration. Vacant buildings not properly secured at doorways
and windows also serve as an attractive nuisance.
4. Definitions
BUILDINGS: Any principal or accessory structure, or any
portion thereof used for residential, business, industrial,
recreational or other purpose. For the purposes of this law, any
debris, rubble or parts of structures which remain on the ground
or on the premises after demolition, reconstruction, fire or
other casualty are considered to be part of the building
structure.
TOWN: The Town of Vienna, New York.
5. Repair and Removal of Unsafe Buildings
The owner, or person having any interest in any wall, building,
structure or foundation within the Town which for any reason
shall become unsafe, dangerous, unsightly or in any way
endangers the health, safety or welfare of the public shall,
upon being directed by the Town Board, repair or remove any such
unsafe wall, building, structure or foundation.
6. Due Process
A. Whenever any wall, building or other structure has in any
manner become unfit for occupancy or shall be unsafe,
detrimental or dangerous to the public health, safety or general
welfare of the Town of Vienna, upon inspection and report by the
Town Code Enforcement Officer, the Town Board may declare the
premises a public nuisance and order the owner, or person(s)
having an interest therein, to repair or remove the wall,
building, structure or foundation and to clear away any debris
caused thereby and to fill in the excavation to the lot level,
requiring the same to be made safe and secure. After having
received and placed on file the report from the Code Enforcement
Office, the Town Board, if it appears that a nuisance exists,
shall hold a hearing thereon and shall serve notice upon the
owner, and others having an interest therein, of the unsafe
condition and the time and place of said hearing.
B. The service of the notice referred to in §6(a) shall be by
personal service or by certified mail, addressed to the last
known address as shown by the records of the Town Assessor’s
Office. Said notice shall contain a description of the premises
and a clear and concise statement of the particulars that the
building is unsafe or dangerous, shall set forth the date, time
and place for a hearing before the Town Board and must be served
at least ten (10) days prior to the hearing. If the service is
made by certified mail, the notice must also be posted by firmly
affixing a copy of the notice on the front side of the premises.
C. If it appears upon said hearing that an unsafe condition
does in fact exist, the Town Board shall declare the condition a
nuisance and order the repair or removal thereof by at or before
a time fixed by the Board. Notice of this determination by the
Town Board shall be served upon the owner and other persons
having an interest therein in the same manner as the original
notice set forth above.
D. If the identity and/or whereabouts of the owner of said
building is unknown, then the notice shall be published in two
area newspapers of common circulation, designated by the Board
as most likely to give notice to the person to be served, at
least once in each of four successive weeks. Service shall be
complete on the 28th day after the day of first publication, and
the hearing shall be held not less than 10 days after service is
complete nor later than 30 days thereafter. Proof of said
publication shall be filed with the Town Board.
7. Notice of Hearing Filing
A. A copy of the original notice of unsafe building shall be
filed with the County Clerk in the same manner as a notice of
pendency, and shall have the same effect as a notice of
pendency. Such notice once filed shall be effective for one year
from the date of filing; provided, however, that it may be
vacated on the order of a court of competent jurisdiction or
upon the consent of the Town Board.
8. Repair or Removal by Town
In the event such owner or other interested person fails or
refuses to repair or remove said building or structure within
the time provided, the Town Board may cause the repair or
removal of said building, wall or structure and fill in the
excavation and level the property and assess the costs thereof
against said property, that cost shall thereupon become a lien
against the property and be collectible in the same manner as
taxes levied thereon or by civil action.
9. Penalties for Offenses
Any person who shall neglect or refuse to comply with the
directions of the Board under this local law shall, upon
conviction, be guilty of a misdemeanor. In addition to the
remedies herein set forth, and action or proceeding may be
maintained in a court of competent jurisdiction to compel
compliance with or to restrain by injunction any violation of
this article and any order or finding made hereunder.
This Local Law of the Town of Vienna in the County of Oneida,
State of New York shall take effect immediately after it has
been filed with all appropriate State Departments or agencies,
as may be required by law.
Dated: 9/26/2016
Motion made by: Supervisor Graham
Motion seconded by: Councilwoman Padavan
Voting Record:
Supervisor William Graham Aye
Councilman Jason Lamb Aye
Councilwoman Lorraine Padavan Aye
Councilman Jason Spellicy Aye
Councilwoman Gail Whitham Aye
____________________________________________
Donna M. Clark, Town Clerk
(SEAL)