§ 135-5. Actions upon failure to comply.

In the event of the neglect or refusal of the person served with the notice to comply with same, a survey shall be made by an inspector and architect to be named by the Town Board and a practical builder, engineer or architect appointed by the person served. Notice to appoint shall be given personally or by registered mail to the person so served, and in the event of the neglect or refusal of said person to appoint such practical builder, engineer or architect within 10 days after the date of said service, the two surveyors named shall make the survey and report. The notice to appoint the surveyor shall state that, in the event that the building or structure is reported unsafe or dangerous under such survey, an application will be made at a special term of the Supreme Court in the Ninth Judicial District for an order determining the building or structure to be a public nuisance and directing that it shall be repaired or secured or taken down and removed.