Abandoned property.

[Added 6-17-2010 by L.L. No. 5-2010]A. The intent of this regulation is protect the health, safety and welfare of the residents of the Town of Webster by establishing a process to identify abandoned properties and provide a means by which the Town may remedy conditions that threaten public health, safety and welfare.(1) The Code Enforcement Official shall be responsible for investigating complaints about abandoned properties.(2) Upon receipt of a complaint, the Code Enforcement Official shall examine the site to determine if the property meets the requirements of an abandoned property and is a public nuisance.B.

Order to comply. Should the Code Enforcement Official, after inspection and investigation, find that a property is an abandoned property as defined in § 350-3 of this chapter, he or she shall cause to be issued a written notification, served personally or by regular and certified mail, return receipt requested, addressed to the property owners as their names and addresses are shown upon the records of the Assessor. The notification shall declare the property to be an abandoned property and shall cite the conditions found constituting the determination. Notification shall order the property owner to abate the conditions cited.

The notice shall allow the property owner a specific and reasonable period of time to comply, as determined by the Code Enforcement Official, but not to exceed 10 days. Should the Code Enforcement Official not effect personal service or not receive confirmation of the receipt of a written certified notification within 10 days of the mailing, notification shall be served in the following manner:[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)](1) By personal service of a copy thereof upon the executors, legal representatives, agents, lessees or any other person having a vested or continued interest in the premises as shown by the last preceding completed assessment roll of the Town or, if no such person can be reasonably found, by mailing to said person by certified mail, return receipt requested, a copy of said notice directed to his/her last known address; and(2) By personal service of a copy of said notice upon any adult person occupying the premises on which said special permit use is conducted, or, if no such person can be reasonably found, by mailing to said occupant by certified mail, return receipt requested, a copy of said notice directed to the address of the premises on which the conditions constituting said nuisance exists, or by securely affixing a copy of said notice upon any building or structure which is located on the premises on which the conditions constituting said nuisance exists.C.

Compliance or appeal by the property owner. The property owner shall, after notice as stated above, complete all actions required to abate any condition as determined by the Code Enforcement Official within the time period prescribed. Should the property owner contest the decision of the Code Enforcement Official, an appeal in writing may be filed with the Town Supervisor at any time prior to the expiration of 10 days from the date of mailing of the notice as specified above. A hearing on such appeal shall be conducted as set forth below.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art.

I)](1) Hearing procedure. A property owner shall have a right to representation at any hearing conducted pursuant to this section. He or she shall be notified in advance, in writing, of such right. If representation is requested, the property owner shall have no more than (or up to) two weeks to obtain such representation. In any event, the hearing officer, as appointed herein, will call and conduct the hearing after that opportunity, if requested, has passed. A person against whom abatement, compliance or any penalty under this section is being sought or proposed shall have written notice thereof and of the reasons therefor, shall be furnished a copy of the charges preferred against him or her and shall be allowed at least eight days for answering the same in writing.

If no such written response is received, the charges will be deemed denied. The hearing upon such charges shall be held by the Town Supervisor or the Town Board sitting en banc, or by a deputy or other person designated by such Town Supervisor or Town Board. In case a deputy or other person is so designated, he or she shall make a record of such hearing, which shall, with the hearing officer's recommendations, be referred to such Supervisor or Town Board for review and decision. The person or persons holding such hearing shall, upon the request of the property owner against whom charges are preferred, permit such property owner to be represented by counsel, and shall allow him or her to summon witnesses in his or her behalf.

The burden of proving the nuisance or abandonment shall be upon the person alleging the same or the Code Enforcement Officer. Compliance with technical rules of evidence shall not be required.D. Upon failure of the owner of the premises found in violation of this section to remedy the conditions existing in violation of the requirements hereof within 10 days after mailing or personal service of notice to do so, then the Code Enforcement Official shall proceed to have such conditions remedied, and all the costs and disbursements thereof shall be and become a lien against such property to the same extent and character as a lien for real estate taxes and with the same penalties and interest and with the same rights of collection, foreclosure, sale and forfeiture as obtained for tax liens.E.

Upon completion of the required work by the Town as provided above, notice thereof and of the cost assessed therefor shall be given to the owner in the same manner as prescribed for notices of violation and the same assessed shall be due and payable 30 days after such notice of completion and cost, unless such assessment shall be appealed to the Town Board prior to the expiration of such thirty-day period.