[HISTORY: Adopted by the Town Board of the Town of Livonia 9-6-2001
by L.L. No. 2-2001. Amendments noted where applicable.]
This chapter shall be known as the "Unsafe Building or Structure Law
of the Town of Livonia."
[Amended 6-16-2005 by L.L. No. 2-2005]
Unsafe buildings, structures and/or property conditions pose a threat
to life and property in the Town of Livonia. Buildings, structures and/or
property conditions may become unsafe by reason of damage by fire, the elements,
vandalism, abandonment, age or general deterioration. Vacant buildings not
properly secured also serve as attractive nuisances for children, who may
be injured therein, as well as potential points of congregation for vagrants
and transients. A dilapidated building may also serve as a place for rodent
infestation, thereby creating a health menace to the community. Deteriorated
property conditions may pose a threat to the health, safety and welfare of
adjoining property owners, neighbors and the general public, thereby creating
a health and safety menace to the community. The purpose of this chapter is
to promote the health, safety and welfare of persons within the Town of Livonia
by providing for the removal, demolition or repair of buildings or structures
with physical conditions that, from any cause, may now or hereafter become
dangerous or unsafe to the public and to provide for the repair, removal or
remediation of any unsafe property condition.
As used in this chapter, the following terms shall have the meanings
indicated:
Any structure having a roof supported by columns, piers or walls,
including tents, lunch wagons, trailers, mobile homes, dining cars, camp cars
or other structures on wheels, and intended for commerce, shelter, housing
or enclosure of persons, animals or chattel.
A building or structure which is structurally unsound, unsanitary
or not provided with adequate ingress or egress or which constitutes a fire
hazard or which has become unsafe by reason of damage by fire, the elements,
age or general deterioration, vandalism or which, in relation to an existing
use, constitutes a hazard to public health, safety or welfare by reason of
inadequate maintenance, dilapidation, obsolescence or abandonment or which
is otherwise dangerous to human life.
A condition that exists on a parcel of real property which has become
unsafe by reason of damage by fire, the elements, age or general deterioration,
neglect, vandalism or which, in relation to an existing use, constitutes a
hazard to public health, safety or welfare by reason of inadequate maintenance,
dilapidation, obsolescence or abandonment or which is otherwise dangerous
to human life.
[Added 6-16-2005 by L.L. No. 2-2005]
Any public or private condition that would constitute a nuisance according
to the statutes, laws and regulations of the State of New York, its governmental
agencies or the Code of the Town of Livonia;
Any physical condition existing in or on a premises which is potentially
dangerous, detrimental or hazardous to the life, health or safety of persons
on, near or passing within proximity of the premises where such condition
exists.
Anything constructed or erected, the use of which requires location
on the ground, or attachment to something having location on the ground.
No person, firm, corporation or association owning, possessing or controlling
any building or structure in the Town of Livonia shall permit, suffer or allow
said building or structure, or any part thereof, now or hereafter to be or
become dangerous or unsafe to persons within the Town of Livonia from any
cause whatsoever.
[Added 6-16-2005 by L.L. No. 2-2005]
No person, firm, corporation or association owning, possessing or controlling
any parcel of real property lying wholly or partially within the corporate
boundaries of the Town of Livonia shall permit, suffer or allow any condition
on or about said parcel of real property now or hereafter to be or become
dangerous or unsafe to persons within the Town of Livonia from any cause whatsoever.
The Code Enforcement Officer of the Town, or such other duly appointed
employee of the Town, is hereby designated as the officer charged with the
enforcement of this chapter and shall therefore cause an inspection of any
premises alleged to be in violation of this provision, and he shall thereafter
prepare and file with the Town Board, and in his office, a report of said
inspection.
[Amended 6-16-2005 by L.L. No. 2-2005]
When it shall be determined by the Code Enforcement Officer that a building,
structure or any condition of or on a parcel of real property is dangerous
or unsafe to the public, he shall immediately serve notice on the owner or
one of the owner's executors, legal representatives, agents or lessees
or any other person having a vested or contingent interest in the same, either
personally or by certified mail, return receipt, addressed to the last known
address, if any, of the owner or one of the owner's executors, legal
representatives, agents or lessees or any other person having a vested or
contingent interest in the same, as shown by the records of the Receiver of
Taxes and/or in the office of the County Clerk. If such service is made by
certified mail, return receipt, a copy shall be posted on the real property
parcel which is the subject of the determination. The notice shall contain
the following:
A.
A description of the premises, including its address
and an identification of the building(s), structure(s) and/or unsafe property
condition(s) being the subject of the notice;
B.
A statement of the particulars in which the building,
structure and/or property condition is unsafe or dangerous;
C.
An order requiring the same to be made safe and secure,
repaired or demolished and removed;
D.
A statement that the securing, repair, demolition or
removal of such building, structure or unsafe property condition shall commence
within 30 days of the date of such notice and shall be completed within 60
days thereafter,
E.
A statement that, in the event that the building, structure
(or part or parts thereof) and/or property condition shall be reported unsafe
or dangerous pursuant to an inspection as provided for under this chapter,
an application will be made at a Special Term of the Supreme Court of Livingston
County for an order determining the building, structure (or part or parts
thereof) and/or unsafe property condition to be a public nuisance and directing
that it shall be repaired and secured or taken down and removed;
F.
A statement that the costs and expenses of all work pursuant
to such a court order will be assessed against the land on which the same
is or was located.
A copy of the notice served as provided herein shall be filed with the
Town Clerk as well as with the office of the County Clerk of the County of
Livingston.
[Amended 6-16-2005 by L.L. No. 2-2005]
The time within which a person served with such a notice shall commence
the securing, repair, removal or demolition of the building, structure (or
part or parts thereof) and/or unsafe property condition shall be 30 days from
the date of such notice. All such securing, repair, removal or demolition
shall be completed within 60 days from commencement.
[Amended 6-16-2005 by L.L. No. 2-2005]
In the event of neglect or refusal to comply of a person served with
a notice to comply under this section, an inspection of the premises or real
property parcel shall be made by an inspector, architect, engineer or other
appropriate trained person to be named by the Town Board and an inspector,
architect, engineer or other appropriate trained person appointed by the person
notified as above; and in the event of refusal or neglect of the person so
notified to appoint an inspector, architect, engineer or other appropriate
trained person, the inspector, architect, engineer or other appropriate trained
person named by the Town Board shall make the inspection and report. The notice
shall state that, in the event that the building, structure (or part or parts
thereof) and/or unsafe property condition shall be reported unsafe or dangerous
pursuant to such inspection, the Town Board, pursuant to a resolution, may
direct the Town Attorney to make application at a Special Term of' the
Supreme Court of Livingston County for an order determining the building,
structure (or part or parts thereof) and/or unsafe property condition to be
a public nuisance and directing that it shall be repaired and secured or taken
down and removed. A signed copy of the inspection report and the compensation
due the inspecting person named by the Town Board shall be posted on the building,
structure or parcel which is the subject of such inspection and filed with
the Town Clerk.
[Amended 6-16-2005 by L.L. No. 2-2005]
Upon resolution of the Town Board directing such, the Town Attorney
may make application to a Special Term of the Supreme Court of Livingston
County for the order hereinabove referenced, and if the same is granted, the
Town may proceed to repair, fix, alter, remove or secure the building, structure
(or part or parts thereof) and/or unsafe property condition in accordance
with the terms of said order. Any contract for the demolition, removal, repair,
alteration or securing of a building, structure or unsafe property condition
shall be awarded upon resolution of the Town Board. Prior to directing the
Town Attorney to make application to a Special Term of the Supreme Court for
such an order, or prior to awarding any contract as anticipated above, the
Town Board may, at its option, conduct public hearing(s) to receive community
feedback concerning application of this chapter to a given property.
[Amended 6-16-2005 by L.L. No. 2-2005]
The Town shall assess all costs and expenses incurred by it in connection
with the proceedings to repair, fix, alter, remove or secure the building,
structure (or part or parts thereof) and/or unsafe property condition (including
the costs of actually removing any building or structure or part or parts
thereof) against the land on which the same is or was located."
[Amended 6-16-2005 by L.L. No. 2-2005]
The Code Enforcement Officer shall maintain a record of each building,
structure and/or unsafe property condition determined by him to be dangerous
or unsafe to the public, including information of action taken by him from
time to time relative to the same, and not later than November 1 of each year
shall report to the Town Board each building, structure and/or unsafe property
condition upon which the Town has performed work and expended money pursuant
to this chapter, the name of the owner and the costs and expense to repair,
fix, alter, remove or secure the building, structure (or part or parts thereof)
and/or unsafe property condition, and whether or not said cost and expense
has been assessed against the land on which the building, structure and/or
unsafe property condition is or was located.
In any case where the provisions of this chapter impose a higher or
stricter standard than set forth in any other local law, code provision or
regulation of the Town or under the laws or regulations of the State of New
York or any of its agencies, then the standards as set forth herein shall
prevail; but if the provisions of this chapter impose a lower or lesser standard
than the other local law, code provision or regulation of the Town or of the
laws and regulations of the State of New York or any of its agencies, then
the higher standard contained in any such law, code provision or regulation
shall prevail.
[Amended 6-16-2005 by L.L. No. 2-2005]
Any alterations or repairs to buildings, structures or property conditions
or changes of use thereof which may be caused directly or indirectly by the
enforcement of this chapter shall be done in accordance with all applicable
sections of the Code of the Town of Livonia.
[Amended 6-16-2005 by L.L. No. 2-2005]
A.
Where it reasonably appears to the Code Enforcement Officer,
after inspection, that the condition of a building, structure and/or unsafe
property condition presents a clear and imminent danger to the life, safety,
welfare or health of any person or property, unless an unsafe building, structure
or property condition is immediately repaired, fixed, secured, removed or
demolished, the Town Board may by resolution authorize the Code Enforcement
Officer to immediately cause such repair, securing, removal or demolition
of such unsafe building, structure and/or unsafe property condition. In such
an emergency situation, the Code Enforcement Officer shall not pursue an order
from a Special Term of the Supreme Court of Livingston County. In such an
emergency situation, the Code Enforcement Officer shall not be required to
put the job out for competitive bidding. However, the Code Enforcement Officer
shall seek a consensus from the Town Board as to the contractor to be used
and the price to be paid for the work to be performed. If practical, such
consensus shall be obtained through a resolution of the Town Board at a regularly
scheduled Town Board meeting or a special meeting of the Town Board. If such
a meeting is not possible given the imminent nature of the danger, the Code
Enforcement Officer shall attempt to obtain such consensus by contacting each
of the Town Board members.
B.
Where it reasonably appears to the Code Enforcement Officer
that the condition of a building(s), structure(s) and/or unsafe property condition
presents a clear and imminent danger to the life, safety, welfare or health
of any person or property, unless an unsafe building, structure or property
condition is immediately repaired, fixed, secured, removed or demolished,
and where the Town Board has by resolution authorized the Code Enforcement
Officer to immediately cause such repair, securing, removal or demolition
of such unsafe building, structure and/or property condition, the Code Enforcement
Officer shall immediately serve notice on the owner or one of the owner's
executors, legal representatives, agents or lessees or any other person having
a vested or contingent interest in the same, either personally or by certified
mail, return receipt, addressed to the last known address, if any, of the
owner or one of the owner's executors, legal representatives, agents
or lessees or any other person having a vested or contingent interest in the
same, as shown by the records of the Receiver of Taxes and/or in the office
of the County Clerk. If such service is made by certified mail, return receipt,
a copy shall be posted on the premises or parcel of real property the subject
of such action. The notice shall contain the following:
(1)
A description of the premises, including its address and an identification
of the building(s), structure(s) and/or unsafe property condition(s) being
the subject of the notice;
(2)
A statement of the particulars in which the building, structure
and/or property condition is unsafe or dangerous;
(3)
A statement that the condition of the building, structure or
unsafe property condition presents a clear and imminent danger to the life,
safety, welfare or health of any person or property, unless said unsafe building,
structure and/or property condition is immediately repaired, fixed, secured,
removed or demolished, and that such condition constitutes an emergency situation;
(4)
A copy of the written resolution of the Town Board, or a statement
summarizing any unwritten resolution of the Town Board authorizing the Code
Enforcement Officer to immediately cause such repair, securing, removal or
demolition of such unsafe building, structure and/or property condition;
(5)
A statement that the costs and expenses of all work pursuant
to such a resolution will be assessed against the land on which the same is
or was located.
Any person, firm, partnership or corporation convicted of a violation
of this chapter shall be subject to a fine not to exceed $500 or imprisonment
for not more than 15 days, or both such fine and imprisonment. Each week's
continued violation shall constitute a separate offense.
