[HISTORY: Adopted by the Town Board of the Town of Oneonta 1-22-1986 by L.L. No.
1-1986. Amendments noted where applicable.]
This chapter shall be known as the "Unsafe Buildings Ordinance
of the Town of Oneonta" and is promulgated pursuant to the authority
contained in § 130, Subdivision 16, of the Town Law of the
State of New York.
Unsafe buildings pose a threat to life and property in the Town
of Oneonta. 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 also serve
as an attractive nuisance for young children who may be injured therein,
as well as a point of congregation by vagrants and transients. A dilapidated
building may also serve as a place of rodent infestation, thereby
creating a health menace to the community. Debris, rubble or parts
of buildings left on the ground and not removed constitute a dangerous,
unhealthy and unsightly condition. It is the purpose of this chapter
to provide for the safety, health, protection and general welfare
of persons and property in the Town of Oneonta by requiring such unsafe
buildings to be repaired or demolished and removed.
[Amended 4-8-1998 by L.L. No. 4-1998; 1-10-2012 by L.L. No. 2-2012]
As used in this chapter, the following terms shall have the
meanings indicated:
Any buildings, mobile home, structure or portion thereof
used for residential, business, industrial, recreational or other
purpose.
The Code Enforcement Officer of the Town of Oneonta or such
other person appointed by the Town Board to enforce the provisions
of this chapter.
Any debris, rubble or parts of buildings which remain on
the ground or on the premises after demolition, reconstruction, fire
or other casualty.
Any building or structure or portion thereof which:
Because of its structural condition, is or may become dangerous
or unsafe to the public.
Is open at the doorways or windows or walls, making it accessible
to and an object of attraction to minors under 18 years of age as
well as to vagrants and other trespassers.
Is or may become a place of rodent infestation.
Consists of debris, rubble or parts of buildings left on the
ground after demolition, reconstruction, fire or other casualty.
Presents any other danger to the health, safety, morals and
general welfare of the public.
It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Town of Oneonta to maintain such building or structure or portion of any building or structure in any condition or manner which shall be unsafe as defined in § 18-3.
[Amended 12-12-2007 by L.L. No. 9-2007; 1-10-2012 by L.L. No. 2-2012]
A.Â
When, in the opinion of the Code Enforcement Officer, any building or structure located in the Town of Oneonta shall be deemed to be dangerous or unsafe to the public as defined in § 18-3, the Code Enforcement Officer shall make a formal inspection thereof and report in writing to the Town Board his findings and recommendations in regard to the building's or structure's removal or repair. If permission to inspect the property is refused, or cannot be obtained from the person in possession or occupancy of the property, the Code Enforcement Officer or his representative shall be authorized to obtain a warrant to make an inspection, provided that reasonable or probable cause is shown.
B.Â
Whenever
there are reasonable grounds to believe that any material, construction,
equipment or assembly does not conform to the requirements of the
applicable building laws or regulations of the Town of Oneonta, the
Code Enforcement Officer is authorized to require the same to be subjected
to testing in order to furnish proof of compliance.
[Amended 7-10-1991 by L.L. No. 1-1991]
A.Â
The Town Board shall thereupon consider said report, and if it finds
that such building or structure is dangerous and unsafe to the public,
it shall, by resolution, order its repair if the same can be safely
repaired, and if not, its removal and demolition, and shall further
order that a hearing be held before the Town Board at a time and place
therein specified and on at least five days' notice to the owner
of the building or structure or persons having an interest therein
to determine whether said order to repair or remove shall be affirmed
or modified or vacated and, in the event of modification or affirmance,
to assess all costs and expenses incurred by the town in the repair
or removal of such building or structure against the land on which
said building or structure is located. Said order shall also provide
that the securing or removal of said building or structure shall commence
within 30 days after service of notice and shall be completed within
60 days thereafter.
B.Â
Upon the order of the Town Board of the Town of Oneonta, the Code
Enforcement Officer of the Town of Oneonta is authorized to post a
notice or notices, in a sufficient number as he deems necessary, to
warn the public of the condition of the unsafe building or structure,
which notice shall be posted conspicuously, and said notice shall
notify the public of the determination of the Town Board as to the
condition of the unsafe building or structure and as to the dates
provided for repair or demolition. Said notice shall remain on the
building until the building is repaired, vacated or demolished in
accordance with this chapter. It shall be unlawful to remove the notice
until the notice is complied with. The form and content of the notice
shall be prescribed by resolution of the Town Board of the Town of
Oneonta.
C.Â
Removal of such sign shall be punishable by a fine not to exceed
$100 for each violation.
The notice shall contain the following statements:
A.Â
The name of the owner or person in possession as it appears from
the tax and deed records.
B.Â
A brief description of the premises and its location.
C.Â
A description of the building or structure which is unsafe or dangerous
and a statement of the particulars in which it is unsafe or dangerous.
D.Â
An order requiring the same to be made safe and secure or to be removed.
E.Â
That the securing or removal of said building or structure shall
commence within 30 days of service of the notice and shall be completed
within 60 days thereafter.
F.Â
The time and place of the hearing to be held before the Town Board,
at which hearing the owner or occupant shall have the right to contest
the order and findings of the Town Board.
G.Â
That in the event that such owner, occupant or other person having
an interest in said premises shall fail to contest such order and
fail to comply with the same, the Town Board will order the repair
or removal of such building or structure by the town and that the
town will assess all costs and expenses incurred in such removal against
the land on which such building or structure is located.
A.Â
A copy of said notice shall be personally served upon the owner or
some one of the owners, executors, legal representatives, agents,
lessees or other person having a vested interest in the premises as
shown on the town tax records or in the records in the Otsego County
Clerk's office.
B.Â
If no such person can be reasonably found for personal service, then
a copy of said notice shall be mailed to such person by registered
mail addressed to his last known address as shown on said records
and by personally serving a copy of said notice upon any adult person
residing in or occupying said premises or by securely affixing a copy
of said notice upon said building or structure.
C.Â
A copy of said notice shall be filed in the County Clerk's office,
which notice shall be filed in the same manner as a notice of pendency
pursuant to Article 65 of the Civil Practice Law and Rules and shall
have the same effect as a notice of pendency as therein provided.
A notice so filed shall be effective for a period of one year from
the date of filing. It may be vacated upon an order of a Judge or
Justice of a court of record or upon written consent of the Town Attorney
of the Town of Oneonta. The Otsego County Clerk shall mark such notice
and any record or docket thereof as canceled of record upon the presentation
and filing of such consent or of a certified copy of such order.
The Town Board shall conduct the public hearing at the time
and place specified in the notice to repair or demolish. It may adjourn
the hearing from time to time until all interested parties are heard
and until the hearing is completed. At the conclusion of the hearing,
the Town Board shall determine by resolution to revoke the order to
repair or remove, modify said order or continue and affirm said order
and direct the owner or other persons to complete the work within
the time specified in the order or such other time as shall be determined
by the Town Board.
In the event of the refusal, failure or neglect of the owner
or person so notified to comply with said order of the Town Board
within the time specified in said order and after the public hearing,
the Town Board shall provide that such building or structure be made
safe and secure or removed and demolished by town employees or by
independent contractors. Except in emergency cases as herein provided,
any contract for repair or demolishing and removal of a building or
structure in excess of $5,000 shall be awarded through competitive
bidding.
All expenses incurred by the town in connection with the proceedings
to repair and secure or demolish and remove the unsafe building, including
the cost of actually removing such building, shall be assessed against
the land on which such building is located and shall be levied and
collected in the same manner as provided in Article 15 of the Town
Law for the levy and collection of a special ad valorem levy.
[Amended 1-10-2012 by L.L. No. 2-2012]
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe building or structure is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 18-11.
