§ 2A-7. Notice.

A. 

Upon receipt of an investigation report prepared pursuant to § 2A-6A herein, the Commissioner of the Building Department shall cause a written notice to be prepared, which shall contain the following:

(1) 

A description of the premises.

(2) 

A statement of the particulars in which the building or structure is an Unsafe Building or Structure within the meaning of this chapter.

(3) 

An order directing the Owner of Record to comply with the provisions of this chapter by requiring that the building or structure be made safe and secure or demolished and removed, which order may outline the manner in which the building or structure is to be made safe and secure.

(4) 

An order requiring that the securing, repairing or demolition of the Unsafe Building or Structure be commenced within 10 days after service of the written notice and that such action, including removal, be completed within 30 days after the commencement date.

(5) 

A statement that, in the event of the failure, neglect or refusal to comply with the provisions of this chapter within 15 days after service of the notice, the Certificate of Occupancy or Certificate of Existing Use for the subject premises shall be revoked, except that an appeal to the Town Board regarding such revocation may be filed with the Town Clerk within 10 days after service of the notice, in accordance with § 2A-9C of the Town Code.

(6) 

A statement that, in the event of the failure, neglect or refusal to comply with the order to repair, make safe and secure or demolish and remove the Unsafe Building or Structure, the Town is empowered and authorized to provide for the security of the building or structure or for its demolition and removal, to assess all expenses thereof against the land on which it is located and to institute legal action to recover the costs of demolition and removal of said Unsafe Building or Structure, as well as legal fees and expenses.

B. 

Upon the issuance of a report of an Unsafe Property pursuant to § 2A-6B hereinabove, the Commissioner of the Building Department shall cause a written notice to be prepared, which shall contain the following:

(1) 

A description of the lot or parcel.

(2) 

A statement of the particulars in which the lot or parcel constitutes Unsafe Property.

(3) 

An order requiring that the action which the Regulatory Agency has identified to remedy the violation of the Consent Order and Plan be undertaken, commenced and completed within the timeframe identified by the Regulatory Agency.

(4) 

The date, time and place of the hearing before the Town Board relative to the subject Unsafe Property, which hearing shall be scheduled not less than 5 consecutive days from the date of personal service or mailing of the written notice.

(5) 

A statement that, in the event of the failure, neglect or refusal to comply with the order to take the action identified in § 2A-7B(3) hereinabove, the Town Board is empowered and authorized to provide for the security of the property, take such other action as may be necessary to protect the health and safety of occupants of the lot or parcel, if any, and other Town residents, assess all expenses thereof against the lot or parcel, and institute legal action to recover the costs of (a) securing said lot or parcel, (b) taking such other action as may be deemed necessary to protect the health and safety of occupants of the lot or parcel, if any, and other Town residents, and (c) legal fees and expenses.

C. 

The written notice described in either Subsection A or B hereinabove shall be served on the Owner of Record or the owner's executor, legal representative, agent, lessee or any other person having a vested or contingent interest in the subject property, either personally or by certified and registered mail, addressed to the intended recipient's last known address as shown by the records of the Town's Receiver of Taxes or the records in the Office of the Nassau County Clerk. In addition, a copy of said notice shall be securely posted at the Unsafe Property or on the Unsafe Building or Structure, as the case may be, in a conspicuous location. A copy of a written notice prepared pursuant to § 2A-6B shall also be served upon the Regulatory Agency.

D. 

In the event that one or more adult persons are actually residing and have a lawful interest in the Unsafe Building or Structure or Unsafe Property at the time of issuance of the Commissioner of the Building Department's or the Town Board's order mentioned hereinabove in § 2A-7A or B, as the case may be, a copy of the written notice provided herein shall be served upon any one such adult person if such person can reasonably be found.

E. 

In the event that the whereabouts of the Owner of Record of the Unsafe Building or Structure and any other person having an interest therein, as defined in Subsection C hereinabove, are unknown and cannot be ascertained after the exercise of reasonable diligence by the Commissioner of the Building Department, the Commissioner of the Building Department shall execute an affidavit to that effect, which shall be filed in the office of the Building Department. In such a case, notice shall be served by posting a copy of the aforementioned written notice at the Unsafe Property or on the Unsafe Building or Structure, as the case may be, in a conspicuous location.