[HISTORY: Adopted by the Board of Trustees of the Village of Canton 5-18-1998
by L.L. No. 3-1998. Amendments noted where applicable.]
This chapter shall be known as the "Unsafe Building Law of the Village
of Canton, New York."
A.
The Village Board finds that unsafe buildings and structures
pose a threat to life and property in the Village of Canton. Buildings and
structures may become unsafe by reason of damage by fire, the elements, age
or general deterioration. Vacant buildings not properly secured at doorways
and windows may serve as an attractive nuisance for young children, who may
be injured therein, as well as a point of congregation by vagrants, juveniles
and transients and other persons not authorized by the owner to be in or upon
the building or structure. Dilapidated buildings may also serve as a place
of infestation by rodents, birds and other animal pests, thereby creating
a health menace to the community. Vacant and/or dilapidated buildings may
also have a debilitating and blighting effect on nearby properties. Debris,
rubble or parts of buildings left on the ground and not removed constitute
an unsafe, unhealthy and unsightly condition. Further, the community's
citizens may be physically harmed by the component parts of unstable or dilapidated
buildings falling into the street or upon neighboring property.
B.
It is purpose of this chapter to provide for the safety,
health, protection and general welfare of persons and property in the Village
of Canton by requiring unoccupied and unsafe buildings and buildings that
constitute a public nuisance to be secured, repaired or demolished and removed.
As used in this chapter, the following terms shall have the meanings
indicated:
Any house, basement, cellar, wall, cottage, lot, shed, garage, well,
fence, sidewalk, storage tank, underground container, pole, smokestack, excavation,
building or other man-made structure, or portion thereof, used for residential,
business, industrial, recreational or any other purpose. This definition includes
any debris, rubble or parts of buildings or structures which remain on the
ground or on the premises after demolition, reconstruction, fire or other
casualty.
The Code Enforcement Officer of the Village of Canton or such other
person appointed by the Village Board to enforce the provisions of this chapter.
The owner of record of the premises in fee or lesser estate therein,
or the receiver, executor, administrator, or trustee of said owner of record,
or the duly authorized agent of any of the aforementioned. Record of ownership
may be determined from the tax, deed, or other records maintained by the Village
of Canton and the County of St. Lawrence. References in this chapter to "owner"
shall include the plural as appropriate.
All buildings or structures which, by reason of their condition,
endanger or may endanger the health, life, limb or property or cause any hurt,
harm, inconvenience, discomfort, damage or injury to the health, life, limb
or property of the people of the Village of Canton in any of the following
ways shall be deemed to be a public nuisance:
By reason of faulty construction, inadequate maintenance, dilapidation,
obsolescence, decay, deterioration, abandonment, age or lack of proper repair,
or by reason of continued vacancy and a resulting lack of reasonable or adequate
maintenance of structures and grounds, or any other cause, the building is
caused to be:
Detrimental to the general health of the community;
Unsafe for occupancy or use on, in, upon, about or around said premises;
A fire hazard to itself and/or neighboring buildings and structures;
or
A deteriorating and blighting influence on nearby properties and thereby
depreciating the enjoyment and use of the property in the immediate vicinity
to such an extent that it is harmful to the community in which such structure
is situated.
By reason of being determined to be an unsafe building or structure
as defined in this chapter.
Any building or structure, whether or not occupied, or portion thereof,
defined as follows:
Those whose interior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through the center
of gravity falls outside of the middle third of its base.
Those which, exclusive of the foundation, show 33% or more of damage
or deterioration of the supporting member or members or 50% of damage or deterioration
of the nonsupporting enclosing or outside walls or covering.
Those which have improperly distributed loads upon the floors or roof
or in which the same are overloaded or which have insufficient strength to
be reasonably safe for the purpose used.
Those which have been damaged by fire, wind or other causes so as to
become unsafe to life, safety or the general health and welfare of the members
of the public or so as to be likely a cause of damage to other property in
the village.
Those which have become or are so dilapidated, decayed, unsafe and unsanitary
that they are unfit for human habitation or are likely to cause sickness or
disease so as to work injury to the health, safety or general welfare of those
living therein. Without limitation, there shall be included within this definition
those buildings or structures having light, air and sanitation facilities
which are inadequate to protect the health, safety or general welfare of human
beings who live or may live therein. Without limitation, there shall also
be included within this definition those buildings or structures having inadequate
facilities for egress in case of fire or panic or those having insufficient
stairways, elevators, fire escapes or other means of evacuation. The adequacy
of facilities, as aforesaid, shall be determined by the Building Code and
any provisions of the Fire Prevention Code or other ordinance, rule, regulation
or local law of the Village of Canton or the State of New York.[1]
Those which have parts thereof which are so attached that they may collapse
or fall and injure members of the public or property.
Those which, because of lack of doors or windows, are available to be
frequented by vagrants, juveniles and transients and other persons not authorized
by the owner to be in or upon the building or structure.
Those which, because of lack of doors or windows, constitute an attractive
nuisance for young children.
Those buildings or structures, or parts thereof, existing in violation
of any provisions of the Building Code or any provisions of the Fire Prevention
Code or other ordinance, rule, regulation or local law of the Village of Canton
or the State of New York.
A.
It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Village of Canton to maintain such building or structure, or any portion thereof, in any condition or manner which shall be deemed to be a public nuisance or unsafe as those terms are defined in § 121-3 of this Code.
B.
It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Village of Canton to occupy or permit such building or structure to be occupied while it remains in an unsafe condition or a public nuisance as defined in § 121-3 of this Code.
A.
Notice to secure building or structure. Whenever the
Code Enforcement Officer determines that any unoccupied building or structure,
or portion thereof, is not adequately secured, locked or closed and is accessible
to juveniles, transients or other persons not authorized by the owner to be
in or upon the building or structure or is a health, fire or safety hazard
to the community's citizens or to property within the Village of Canton
the Code Enforcement Officer shall serve the owner with a notice to secure
or close the same forthwith so as to prevent unauthorized persons from gaining
access thereto and so as to remove any health, fire or safety threat.
B.
Contents of notice. Said notice shall inform the owner:
(1)
That said person or entity is the owner or person in
possession as appears from tax, deed or other records.
(2)
Of a description of the premises and its location.
(3)
That the premises are in violation of certain sections
of this chapter, setting forth the sections and violations alleged.
(4)
That the owner must forthwith secure or close said building
or structure so as to prevent unauthorized persons from gaining access thereto.
(5)
That the owner may in writing request a hearing within
10 days after receipt of the notice if the owner believes that the building
or structure is adequately secured or closed and that a written request for
a hearing must be received in the office of the Village Clerk within 10 business
days following the owner's receipt of the Code Enforcement Officer's
notice.
(6)
That if the required work is not completed within 10
business days after serving of the notice and if a timely demand for a hearing
is not made the Village of Canton may perform the work at the expense of the
owner.
C.
Service of notice. Service of the notice may be made
upon the owner, as defined by this chapter, by any of the means set forth
at New York Civil Practice Law and Rules for service of process upon an individual,
partnership, corporation, municipality or other entity. In addition, a copy
of the notice shall be posted in a conspicuous place on the building or structure.
D.
Request for hearing. Within 10 business days of service
of the notice, the owner may request a hearing. In order to have a hearing,
the request must be in writing and must be received by the Village Clerk within
10 business days of the owner's receipt of the Code Enforcement Officer's
notice.
E.
Hearing. The following procedure shall be followed for
a hearing upon the matter:
(1)
Within 10 business days of receiving a written request
for a hearing, the Village Clerk shall forthwith inform the Mayor and the
Code Enforcement Officer that a request for a hearing has been filed.
(2)
Within 10 business days of being informed by the Village
Clerk that a request for hearing has been filed, the Mayor shall designate
a hearing officer to hear and determine the matter and shall inform the Code
Enforcement Officer of the person so designated. The hearing officer shall
be chosen from the then current members of the St. Lawrence County Bar Association
and shall not be the owner of property within the Village of Canton.
(3)
The hearing shall be held within 30 calendar days following
the Mayor's appointment of the hearing officer. The Code Enforcement
Officer shall inform the person requesting the hearing of the date and place
of the hearing not less than five business days prior to the date of the hearing.
(4)
The hearing officer shall, upon the presentation of relevant
evidence, determine whether the building or structure is or is not adequately
secured, locked or closed, whether the building or structure is accessible
to juveniles, transients or other persons not authorized by the owner to be
in or upon the building or structure, or whether the building or structure
is a health, fire or safety hazard to the community's citizens or to
property within the Village of Canton.
(5)
Within 10 business days following the close of testimony
and evidence, the hearing officer shall issue a written report of the contentions
of the parties and the hearing officer's findings of fact and determination
to the following: the owner, the owner's attorney, if any, the Code Enforcement
Officer, the Mayor and the Board of Trustees.
(6)
The Board of Trustees shall review the evidence and determination
and may accept, reject or modify the determination of the hearing officer.
The determination of the Board of Trustees shall be filed with the Village
Clerk within 30 calendar days following the Board's receipt of the hearing
officer's report and determination.
(7)
Within five business days following the filing of the
Board of Trustee's determination, the Village Clerk shall notify the
owner and the owner's attorney, if any, and the Code Enforcement Officer
of the Board's determination. Such notification shall be by either of
the following two methods: by certified mail, return receipt requested, or
by any of the means set forth at New York Civil Practice Law and Rules for
service of process upon an individual, partnership, corporation, municipality
or other entity.
(8)
The Board of Trustees may extend the time limitations
set forth in this section upon its own motion or upon the request of the owner
or any other interested party. Such extension shall be by resolution of the
Board. The extension of the time limitation in a particular case shall not
operate as an extension of the affected time limitation in other cases.
(9)
The owner may appeal the determination of the Board of
Trustees directly to the Supreme Court of the State of New York pursuant to
Article 78 of the Civil Practice Law and Rules. Any appeal must be commenced
within 30 calendar days of the filing of the Board's determination with
the Village Clerk. Such a proceeding shall not stay further action pursuant
to this chapter unless the court so orders.
F.
Securing structures by the village.
(1)
(2)
If the building or structure is not secured or closed
within the foregoing time periods, the Village of Canton may cause the building
or structure to be secured or closed.
G.
Owner responsible for cost of work. Whenever the village
has secured or closed any building or structure or has paid any other person
or corporation to perform said work, the actual cost thereof plus accrued
interest at the rate of 9% per annum from the date of the completion of said
work shall be charged to the owner of said property. The statement of the
costs incurred shall be provided to the owner by certified mail, return receipt
requested, or by any of the means set forth at New York Civil Practice Law
and Rules for service of process upon an individual, partnership, corporation,
municipality or other entity. If the owner of said property does not pay said
costs within 10 business days from such notification, they shall be included
as a part of the next village tax bill, and said charge shall be due and payable
by said owner at the time of payment of said bill (notice by mail shall be
deemed complete upon the deposit of the notice, in an addressed, postage-paid
wrapper, with an official depository maintained by the United States Post
Office).
H.
Statement constitutes lien. Where the full amount due
the village is not paid by such owner within 10 business days following notification
of the charge, then and in that case the Code Enforcement Officer shall file
a sworn statement with the Village Clerk showing the cost and expense incurred
for the work, the date the work was done and the location of the property
on which said work was done. The recordation of such sworn statement shall
constitute a lien on the property and shall remain in full force for the amount
due in principal and interest, plus costs of court, if any, for collection
until final payment has been made. Said costs and expense shall be collected
in the manner fixed by law for the collection of taxes. Sworn statements recorded
in accord with the provisions hereof shall be prima facie evidence that all
legal formalities have been complied with and that the work has been done
properly and satisfactorily and shall be full notice to every person concerned
that the amount of the statement, plus interest, constitutes a charge against
the property designated or described in the statement and that the same is
due and collectible as provided by law.
I.
Emergency procedures. Whenever the conditions of the building or structure constitute such an immediate hazard that the building or structure must be secured or closed forthwith or within less than the designated period, and if the Code Enforcement Officer so determines or either the Police Chief or the Fire Chief so determines and notifies the Code Enforcement Officer, the Code Enforcement Officer shall request that the Village Board direct and cause such building or structure to be secured after giving such notice to the owner as circumstances permit (or without notice when, in the opinion of the Fire Chief, Police Chief or Code Enforcement Officer, immediate action is necessary). If notice cannot be given to the owner prior to such action, notice shall be given to the owner within five business days thereafter in accordance with the provisions of Subsections B and C of this section.
A.
Initial determination. Whenever the Code Enforcement
Officer suspects the existence of a public nuisance or unsafe building, as
defined in this chapter, the Code Enforcement Officer shall inspect the premises
on which the suspected nuisance or unsafe building exists upon being granted
permission by the owner or person in control of the premises, or after having
obtained an appropriate warrant, or, if sufficient, upon an inspection without
entering the premises. A written report of the inspection and the findings
with respect to the existence of a public nuisance or unsafe building shall
be prepared by the Code Enforcement Officer and filed with the Village Clerk.
B.
Notice to owner; contents of notice. If the Code Enforcement
Officer determines that a public nuisance or unsafe building exists, he shall
cause a written notice to be served on the owner. Said notice shall inform
the owner:
(1)
That said person or entity is the owner as appears from
tax, deed or other records.
(2)
Of a description of the premises and its location.
(3)
That the premises are in violation of this chapter, setting
forth a description of the particulars and a statement of why the building
or structure is either a public nuisance or unsafe and stating that unless
the owner thereof shall cause the abatement of the public nuisance or unsafe
building or structure by rehabilitation or by removal of the building, structure
or public nuisance, the same will be abated or removed by the village at the
expense of the owner.
(4)
That the owner must commence to comply with the order
of the Code Enforcement Officer within 10 business days after service of the
notice and be completed within the time prescribed by the Code Enforcement
Officer and that a building permit must be obtained in accordance with the
provisions of the Village of Canton Code.
(5)
That the owner may in writing request a hearing within
10 business days after receipt of the notice on the question of whether in
fact a public nuisance or unsafe building exists and that a written request
for a hearing must be received in the office of the Village Clerk within 10
business days following the owner's receipt of the notice.
(6)
That if the owner does not commence compliance with the
order of the Code Enforcement Officer within 10 business days after serving
of the notice and if a timely demand for a hearing is not made within that
time the Village of Canton may perform the work at the expense of the owner.
C.
Service of notice. Service of the notice may be made
by any of the means set forth at New York Civil Practice Law and Rules for
service of process upon an individual, partnership, corporation or municipality.
In addition, a copy of the notice shall be posted in a conspicuous place on
the building or structure.
D.
Abatement of public nuisance or unsafe building.
(1)
Upon being served notice, and unless the owner makes a timely written request for a hearing as provided by Subsection E of this section, the owner shall, within 10 business days after receipt thereof, make application to the Code Enforcement Officer to undertake the repairs or replacement of items identified in the Code Enforcement Officer's notice to constitute a public nuisance or danger.
(2)
Adequate plans and specifications, as required by the
Code Enforcement Officer and by the Village of Canton Code and by the Building
Code and any provisions of the Fire Prevention Code or other ordinance, rule,
regulation or local law of the Village of Canton or the State of New York
covering said repairs or replacements, shall be furnished by the owner to
the Code Enforcement Officer within 10 business days after receipt of notice
or such additional time, not to exceed 90 calendar days, as the Code Enforcement
Officer may deem necessary to complete plans and specifications.
(3)
The Code Enforcement Officer shall, upon approval of
the plans and specifications and upon site plan approval if required by local
law, cause a building permit to be issued to the owner. The building permit
shall be valid for a period of 90 calendar days, and within that time the
owner shall effect and complete the repairs and/or replacements. The Code
Enforcement Officer may grant an extension of the building permit if the owner
shows reason or cause for the requested extension.
(4)
Upon being served notice, the owner may, within 10 business
days, make application to the Code Enforcement Officer for a demolition permit
to abate the nuisance completely by demolition and removal of the structure.
The demolition permit shall be valid for a period of 30 calendar days, and
within that time the owner shall completely demolish and remove the building
and, if required by the Code Enforcement Officer, fill in open pits and enclose
the lot with a fence at least six feet in height approved by the Code Enforcement
Officer. The Code Enforcement Officer may grant an extension of the demolition
permit if the owner shows reason or cause for the requested extension.
E.
Appeal hearing of public nuisance or unsafe building.
(1)
The owner may, within 10 business days after receipt
of notice, make a demand, in writing, to the Village Clerk for a hearing on
the question of whether in fact a public nuisance or unsafe building exists.
In order to have a hearing, the written request must be received by the Village
Clerk within 10 business days after the owner's receipt of notice from
the Code Enforcement Officer.
(2)
Within 10 business days of receiving a written request
for a hearing, the Village Clerk shall forthwith inform the Mayor and the
Code Enforcement Officer that a request for a hearing has been filed.
(3)
Within 10 business days of being informed by the Village
Clerk that a request for hearing has been filed, the Mayor shall designate
a hearing officer to hear and determine the matter and shall inform the Code
Enforcement Officer of the person so designated. The hearing officer shall
be chosen from the then current members of the St. Lawrence County Bar Association
and shall not be the owner of property within the Village of Canton.
(4)
The hearing shall be held within 30 calendar days following
the Mayor's appointment of the hearing officer. The Code Enforcement
Officer shall inform the person requesting the hearing of the date and place
of the hearing not less than five business days prior to the date of the hearing.
(5)
The hearing officer may:
(a)
Sustain the finding of the Code Enforcement Officer that
a public nuisance or unsafe building exists on the property and order the
abatement thereof by repair or replacement of the items found to constitute
a public nuisance or danger or order the abatement thereof by demolition;
(b)
Reject or modify the findings of the Code Enforcement
Officer; or
(c)
Take such other action and render such other orders as
the hearing officer deems appropriate within the authority conferred by this
chapter.
(6)
Within 10 business days following the close of testimony
and evidence, the hearing officer shall issue a report of the contentions
of the parties and the hearing officer's findings of fact and determination
to the following: the owner, the owner's attorney, if any, the Code Enforcement
Officer, the Mayor and the Board of Trustees.
(7)
The Board of Trustees shall review the evidence and determination
and may accept, reject or modify the determination of the hearing officer.
The determination of the Board of Trustees shall be filed with the Village
Clerk within 30 calendar days following the Board's receipt of the hearing
officer's report and determination.
(8)
Within five business days following the filing of the
Board of Trustee's determination, the Village Clerk shall notify the
owner and the owner's attorney, if any, and the Code Enforcement Officer
of the Board's determination. Such notification shall be by either of
the following two methods: by certified mail, return receipt requested, or
by any of the means set forth at New York Civil Practice Law and Rules for
service of process upon an individual, partnership, corporation, municipality
or other entity.
(9)
The Board of Trustees may extend the time limitations
set forth in this section upon its own motion or upon the request of the property's
owner or any other interested party. Such extension shall be by resolution
of the Board. The extension of the time limitation in a particular case shall
not operate as an extension of the affected time limitation in other cases.
(10)
The owner may appeal the determination of the Board of
Trustees directly to the Supreme Court of the State of New York pursuant to
Article 78 of the Civil Practice Law and Rules. Any appeal must be commenced
within 30 calendar days of the filing of the Board's determination with
the Village Clerk. Such a proceeding shall not stay further action pursuant
to this chapter unless the court so orders.
F.
Abatement of nuisance or unsafe building by village.
(1)
(2)
Should the nuisance or danger not be abated at the expiration of the time stated at Subsection F(1) of this section, the Code Enforcement Officer or his designee shall be authorized at any time thereafter to enter upon the premises, and the owner shall permit him entry, to abate the nuisance or danger by demolition and removal of the structure or by repair, replacement or removal, whichever shall be appropriate in the opinion of the Code Enforcement Officer.
(3)
In abating such nuisance or danger, the Code Enforcement
Officer may request the Village Superintendent to provide whatever assistance
may be necessary to abate such public nuisance or danger as aforesaid or may,
by private contract, abate such public nuisance, and the cost of said contract
may be paid for from village funds.
(5)
Emergency procedures. Whenever the conditions of the building or structure constitute such an immediate hazard that the building or structure must be secured or closed forthwith or within less than the designated period, and if the Code Enforcement Officer so determines or either the Police Chief or the Fire Chief so determines and notifies the Code Enforcement Officer, the Code Enforcement Officer shall request that the Village Board direct and cause such building or structure to be secured after giving such notice to the owner as circumstances permit (or without notice when, in the opinion of the Fire Chief, Police Chief or Code Enforcement Officer, immediate action is necessary). If notice cannot be given to the owner prior to such action, notice shall be given to the owner within five business days thereafter in accordance with the provisions of Subsections B and C of this section.
Any person upon whom a notice has been served who fails, neglects or
refuses to secure an unoccupied building or structure or to remove a public
nuisance or to remove an unsafe building or structure or to place an unsafe
building or structure in a safe condition, as designated in such notice, or
who shall violate any of the provisions of this chapter or orders
given pursuant thereto or who shall resist or obstruct the Code Enforcement
Officer in carrying out the provisions of this chapter shall, upon conviction
thereof, be subject to a fine of not more than $250. Each day in which such
violation continues shall constitute a separate offense. This fine shall be
in addition to all other legal and equitable remedies available to the village
under any other ordinance, local law, rule, regulation or statute or other
enactment of the Village of Canton or the State of New York, including those
set forth herein.
The provisions of this chapter shall not be deemed to be a limitation
or restriction on the authority of any department, official or employee of
the village pursuant to any other ordinance, local law, rule, regulation or
statute or other enactment of the Village of Canton or the State of New York.
