Tonawanda, NY Property Maintenance: Property Blight (2026)

Chapter 58, Buildings, Unsafe, adopted July 11, 1977 by L.L. No. 4-1977 and last amended August 11, 2008 by L.L. No. 4-2008, gives the Code Enforcement Officer authority to examine any building or structure, as defined in Section 215-4C of the Zoning chapter, reported as dangerous or unsafe. Under Section 58-1, the officer must file a written record of the examination with the Town Board and serve notice on the owner, executor, agent, lessee or anyone with a vested interest, either personally or by registered mail to the last known address on file with the Receiver of Taxes or County Clerk.

The notice must describe the premises, state the particulars making the building unsafe, order it made safe or removed within a reasonable time set by the officer, and set the time and place of a Town Board public hearing. A copy is filed with the Erie County Clerk as a notice of pendency effective for one year. Section 58-2 requires the Town Board to hold that hearing so the owner and interested parties can respond. If the owner still fails to repair or remove the structure after the hearing, Section 58-3 authorizes the Town to do the work itself and either assess the full cost against the property under Town Law Section 130(16), after notifying the owner of the assessment amount, or bring a special proceeding under General Municipal Law Section 78-b to collect demolition costs and legal expenses directly from the owner.