[HISTORY: Adopted by the Board of Trustees
of the Village of Delhi by 2-26-2007 by L.L. No. 3-2007. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
All buildings or structures which have any or all of the
following defects:
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 roofs 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 have become dangerous to life, safety, morals
or the general health and welfare of the occupants or the people of
the Village of Delhi.
Those which have become or are so dilapidated,
decayed, unsafe, unsanitary or which so utterly fail to provide the
amenities essential to decent living that they are unfit for human
habitation, or are likely to cause sickness or disease, so as to work
injury to the health, morals, safety or general welfare of those living
therein.
Those having light, air and sanitation facilities
which are inadequate to protect the health, morals, safety or general
welfare of human beings who live or may live therein.
Those having inadequate facilities for egress
in case of fire or panic or those having insufficient stairways, elevators,
fire escapes or other means of escape.
Those which have parts thereof which are so
attached that they may fall and injure members of the public or property.
Those which, because of their condition, are
unsafe, unsanitary or dangerous to the health, morals, safety or general
welfare of the people of this Village.
Those buildings existing in violation of any
provision of the Code of the Village of Delhi.
Any building or structure which remains vacant
and unattended continuously for a period of five years.
The following standards shall be followed in
substance by the Code Enforcement Officer and the Village Board in
ordering repair, vacation or demolition:
A.
If the unsafe building can reasonably be repaired
so that it will no longer exist in violation of the terms of this
chapter, it shall be ordered repaired.
B.
If the unsafe building is in such condition as to
make it dangerous to the health, morals, safety or general welfare
of its occupants, it shall be ordered to be vacated.
C.
In any case where an unsafe building is 50% damaged
or decayed, or deteriorated from its original value or structure,
it shall be demolished, and in all cases where a building cannot be
repaired so that it will no longer exist in violation of the terms
of this chapter, it shall be demolished. In all cases where an unsafe
building is a fire hazard existing or erected in violation of the
terms of this chapter or any other provisions of the Code of the Village
of Delhi or laws of the State of New York, it shall be demolished.
All unsafe buildings within the terms of § 120-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The Code Enforcement Officer shall:
A.
Inspect any building, wall or structure about which
complaints are filed by any person to the effect that a building wall
or structure is or may be existing in violation of this chapter.
B.
Inspect any building, wall or structure reported (as
hereinafter provided for) by the Fire or Police Departments of this
Village as probably existing in violation of the terms of this chapter.
C.
Notify personally or in writing the owner or some one of the owner's executors, legal representatives, agents, lessees or another person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of any building found by him/her to be an unsafe building within the standards set forth in § 120-1 of this chapter.
(1)
The owner must vacate or repair or demolish said building
in accordance with the terms of the notice and this chapter.
(2)
The occupant or lessee must vacate said building or
may have it repaired in accordance with the notice and remain in possession.
(3)
Any mortgagee, agent or other persons having an interest
in said building may at his own risk repair, vacate or demolish said
building or have such work or act done, provided that any person notified
under this subsection to repair, vacate or demolish any building shall
be given such reasonable time, not exceeding 30 days, as may be necessary
to do, or have done, the work or act required by the notice provided
for herein.
D.
Set forth in the notice provided for in Subsection C hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure an unsafe building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 30 days, as is reasonable.
F.
Appear at all hearings conducted by the Village Board
and testify as to the condition of unsafe buildings.
G.
Place a notice on all unsafe buildings reading as follows: "This building has been found to be an unsafe building by this Code Enforcement Officer. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, or some one of the owner's executors, legal representatives, agents, lessees or another person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having vested or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of any building found by me to be an unsafe building within the standards set forth in § 120-1 of this chapter. It is unlawful to remove this notice until such notice is complied with."
The Village Board shall:
A.
Upon receipt of a report of the Code Enforcement Officer, as provided for in Subsection E of § 120-4 hereof, give written notice to the owner, or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of any building found by him/her to be an unsafe building within the standards set forth in § 120-1 of this chapter, to appear before them on the date specified in the notice to show cause why the building or structure reported to be an unsafe 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 for herein in Subsection D of § 120-4.
B.
Hold a hearing and hear such testimony as the Code
Enforcement Officer or the owner, or some one of the owner's executors,
legal representatives, agents, lessees or any other person having
a vested or contingent interest in the property as shown by the records
of the Assessor or in the office of the County Clerk shall offer relative
to the unsafe building.
D.
Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner, or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property as shown by the records of the Assessor or in the office of the County Clerk, to repair, vacate or demolish any building found to be an unsafe building within the terms of this chapter, and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said unsafe building; or any person not the owner of said unsafe building but having an interest in said building may demolish said unsafe building at his own risk to prevent the acquiring of a lien against the land upon which said unsafe building stands by the Village as provided in Subsection E hereof.
E.
If such person fails to comply with the order provided for in Subsection D hereof, within 10 days, the Village 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 § 120-2 of this chapter and shall cause the costs of such repair, vacation or demolition, together with an additional charge of 50% thereof for administration and supervision, 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 rolls 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, morals, safety or general welfare of the people of this Village, the Village Board shall authorize the Village Attorney to take legal action to force the owner to make all necessary repairs or demolish the building.
A.
In cases where it reasonably appears that there is
immediate danger to the life or safety of any person unless an unsafe
building as defined herein is immediately repaired, vacated or demolished,
the Code Enforcement Officer shall report such facts to the Village
Board, and the Village Board shall cause the immediate repair, vacation
or demolition of such unsafe building.
In cases, except emergency cases, where the owner, occupant or lessee is absent from the Village, all notices or orders provided for herein shall be sent by registered mail to the party in interest as described in Subsection C of § 120-4 to the last known address of such party in interest, and a copy of such notice shall be posted in a conspicuous place on the unsafe building to which it relates. Such mailing and posting shall be deemed adequate service.
No officer, agent or employee of the Village
of Delhi shall render himself personally liable for any damage that
may accrue to persons or property as a result of any act required
or permitted in the discharge of his duties under this chapter. Any
suit brought against any officer, agent or employee of the Village
of Delhi as a result of any act required or permitted in the discharge
of his duties under this chapter shall be defended by the Village
Attorney until the final determination of the proceeding therein.
Any fireman of the Delhi Fire Department may
make a report in writing to the Code Enforcement Officer of any building
or structures which are, may be or are suspected to be unsafe buildings
within the terms of this chapter.
All employees of the Police Department, or any
other law enforcement official, shall make a report, in writing, to
the Code Enforcement Officer of any buildings or structures which
are or may be deemed to be unsafe buildings within the terms of this
chapter. Such reports must be delivered to the Code Enforcement Officer
within 24 hours of the discovery of such building.
