§ 88-6. Duties of Town Board.

The Town Board of the Town of Canandaigua shall:

A. 

Upon receipt of a report of the Code Enforcement Officer, as provided for in this chapter, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building, as shown by the land records of the County Clerk of Ontario County, to appear before the Town Board on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Code Enforcement Officer's notice provided herein.

B. 

Hold a hearing and hear such testimony as the Code Enforcement Officer or the owner, occupant, mortgagee, lessee or any other person having an interest in said building, as shown by the land records of the County Clerk of Ontario County, shall offer relative to the dangerous building.

C. 

Make written findings of fact from the testimony offered pursuant to Subsection B above as to whether the building in question is a dangerous building within the terms hereof.

D. 

Issue an order, based upon findings of fact made pursuant to Subsection C above, commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building, as shown by the land records of the County Clerk of Ontario County, to repair, vacate or demolish any building found to be a dangerous building within the terms of this chapter, provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said dangerous building; or any person not the owner of said dangerous building, but having an interest in said building, as shown by the land records of the County Clerk of Ontario County, may demolish said dangerous building at his own risk to prevent the acquiring of a lien against the land upon which said dangerous building stands by the Town, as provided in Subsection E hereof.

E. 

If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection D hereof within 10 days, the Town Board shall cause such building or structure to be repaired, vacated or demolished, as the facts may warrant, under the standards hereinbefore provided for in this chapter and shall, with the assistance of the attorney for the Town, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax duplicate as an assessment or to be levied as a special tax against the land upon which the building stands or did stand or to be recovered in a suit at law against the owner, provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, safety or general welfare of the people of this Town, or is not determined to be a health nuisance, the Town Board shall notify the Attorney for the Town to take legal action to force the owner to make all necessary repairs or demolish the building.

F. 

Report to the Attorney for the Town the names of all persons not complying with the order provided for in Subsection D hereof.