[HISTORY: Adopted by the Board of Trustees of the Village
of Morrisville 9-3-2009 by L.L. No. 7-2009. Amendments noted where
applicable.]
[Amended 12-10-2009 by L.L. No. 10-2009]
The purpose of this chapter is to promote and preserve the health,
welfare and property of residents of and owners of property located
within this Village by providing a method for the removal or repair
of buildings and structures within the limits of this Village that,
from any cause, may now be or shall hereafter become dangerous or
unsafe to the public. Nothing in this chapter shall be deemed or construed
as a limitation or supercession of the provisions, obligations or
remedies provided under the New York State Building Code, New York
State Property Maintenance Code, New York State Fire Code, or other
applicable code, statute or regulation.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure wholly or partly enclosed within exterior walls
or within exterior or party walls and a roof, affording shelter to
persons, animals or property.
Any assembly of materials constructed or erected, the use
of which requires location on the ground or attachment to something
having location on the ground, including but not limited to fences,
satellite dishes and swimming pools.
No person, firm, corporation or association owning, possessing
or controlling a building or structure in this Village shall permit,
suffer or allow the building or structure to continue or become dangerous
or unsafe to the public from any cause whatsoever.
All buildings and structures which have any or all of the following
defects shall be deemed unsafe or dangerous within the meaning of
this chapter:
A.
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.
B.
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.
C.
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.
D.
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 this village.
E.
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.
F.
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.
G.
Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
H.
Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
I.
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.
J.
Those which provide a substantial life-safety hazard to the occupants
or general public because of noncompliance with the New York State
Fire Code, Building Code and/or Property Maintenance Code.
The Code Enforcement Officer or his designee shall be the Enforcement
Officer of this chapter and shall make inspections of all unsafe buildings
and structures within the Village. Upon receiving information of the
existence of an unsafe structure or building the Code Enforcement
Officer shall inspect the same and shall determine, if in his opinion,
the structure is unsafe and dangerous so as to warrant its removal
or repair. In the event he shall so determine, the Code Enforcement
Officer shall give notice to all interested persons or corporations
and order the repair or removal of the building or structure. The
Code Enforcement Officer shall then make a written report to the Mayor
of the property inspected, the result of the inspection and all actions
taken by the Code Enforcement Officer concerning the building or structure.
The notice and order to interested persons and/or corporations
referred to in the preceding section shall contain the following information:
A.
A description of the premises.
B.
A statement of the particulars in which the building or structure
is unsafe or dangerous.
C.
An order requiring the same to be made safe and secure or removed.
D.
That the securing or removal of said building or structure shall
commence within a specified date subsequent to the serving of the
notice, as hereinafter provided, and shall be completed within a specified
number of days thereafter.
E.
That in the event of the neglect or refusal of the persons or corporations
served with the order to comply with the order, the Village reserves
all legal rights to enforce compliance, including but not limited
to commencing an action pursuant to this chapter for violation of
an order of the Code Enforcement Officer, and/or commencing an action
before the New York Supreme Court for an order of demolition and/or
such other or further action that the Village may deem appropriate.
A.
By personal service a copy thereof upon the owner or some one of
the owners, executors, legal representatives, agents, lessees or any
other person having a vested or contingent interest in the premises
as shown by the last preceding completed assessment roll of the Village,
and filing of an affidavit of personal service upon the owner with
the Village Clerk; or
B.
In the event that the owner shall not be readily located or personally
served, by mailing a copy of said notice to such owner as aforesaid,
by certified mail, return receipt requested, addressed to the last
known address of the owner, and personally serving said notice upon
an adult residing in the premises, if any, and by affixing a copy
of said notice to the premises, such service to be complete after
filing of the return receipt and the affidavit of posting with the
Village Clerk.
In the event of neglect or refusal of the persons so notified
to comply with said order of the Code Enforcement Officer, the Board
of Trustees may direct an inspection and evaluation of the condition
of said premises be made by the Village Engineer or such other engineer
retained by the Village for such purpose, and a signed copy of such
report shall be forwarded to the owner or posted on said structure.
All costs of said engineer's report and inspection shall be charged
to the owner and levied against the premises if not paid.
[Added 12-10-2009 by L.L. No. 10-2009[1]]
Upon receipt of the Engineer's report described in the preceding § 62-8, the Board of Trustees shall consider such report, along with the prior report of the Code Enforcement Officer, and shall determine by resolution whether the building(s) is unsafe or dangerous, and whether the repair and/or demolition and removal of the building(s) is warranted, and if so, that a hearing will be held before the Board of Trustees at which time the owner will be heard and allowed to present witnesses and evidence to rebut the findings of the Board of Trustees.
[1]
Editor's Note: This local law also provided for the renumbering
and/or amendment of former §§ 62-9 through 62-17.
[Added 12-10-2009 by L.L. No. 10-2009[1]]
In the event a hearing is to be held pursuant to the provisions of the preceding § 62-9, a notice of such hearing shall be served upon the owner, in a manner authorized in § 62-7 above, at least 10 days prior to the scheduled date of such hearing. Such notice shall contain the following:
A.
A description of the premises;
B.
A statement of the particulars in which the building(s) has been
deemed unsafe or dangerous;
C.
The manner in which the building(s) is to be made safe and/or secure;
D.
The date, time and place for the hearing to be held before the Board
of Trustees at which time the owner, and/or the owner's representative,
may present witnesses and evidence refuting the Board of Trustees'
finding that the building(s) is unsafe and or dangerous; and
E.
That upon the conclusion of the hearing, or upon the owner's
failure to appear at such hearing, the Board of Trustees shall have
the authority to and may order the repair and/or demolition and removal
of the building(s), and that all costs associated with such remedial
action by the Village shall be the responsibility of the owner and
assessed and levied against the owner's property in the same
manner as general Village taxes.
[1]
Editor's Note: This local law also provided for the renumbering
and/or amendment of former §§ 62-9 through 62-17.
[Added 12-10-2009 by L.L. No. 10-2009[1]]
Upon the conclusion of the hearing as contemplated in § 62-9, or upon the owner's failure to appear at such hearing, the Board of Trustees shall make a determination, by resolution and order, based upon the preponderance of evidence before it, whether to provide for and direct the repair and/or demolition and removal of the building(s) at issue, and in such event shall cause a certified copy of said resolution and order to be recorded as a miscellaneous record in the office of the Madison County Clerk, and also to be served upon the owner in a manner provided in § 62-7 above.
[1]
Editor's Note: This local law also provided for the renumbering
and/or amendment of former §§ 62-9 through 62-17.
In the event that the building or other structure shall be reported unsafe or dangerous by the Village Engineer as provided in § 62-8 above, the Board of Trustees may, in lieu of the scheduling of a hearing before the Board of Trustees as provided in § 62-9 above, pass a resolution directing the Mayor to make an application to the Supreme Court for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.
All engineers, attorneys, professionals, workers and tradesmen
rendering services to the Village shall be paid reasonable compensation
for the service performed by them in making their inspections and
in preparing the report thereof, in conducting the proceedings contemplated
under this chapter, and in securing, repairing, demolishing or removing
the building(s) at issue. Such compensation shall be assessed against
the owner, person or corporation responsible for the structure.
All costs and expenses incurred by the Village in connection
with the proceedings to remove or secure, including the cost of actually
removing said buildings or structures, shall be assessed against the
land on which said buildings or structures are located and collected
in the same manner as Village taxes.
A.
In case there shall be, in the opinion of the Code Enforcement Officer,
actual and immediate danger of the falling of a building or structure
so as to endanger public safety, life or property or actual or immediate
menace to health or public welfare as a result of the conditions present
in or about a building or structure, he may cause the necessary work
to be done to render such building or structure temporarily safe,
whether the procedure described in this chapter for unsafe or dangerous
buildings or structures has been instituted or not.
B.
When emergency work is to be performed under this section, the Code
Enforcement Officer shall cause the owner thereof to be served personally
or by registered mail, return receipt requested, and, if served by
registered mail, shall post on the premises a notice to comply containing
a description of the premises, a statement of the facts in which the
structure is unsafe or dangerous and orders and directions to correct
said conditions which constitute an emergency within a specified period
not to exceed three days from actual or constructive receipt of the
notice.
C.
In the event that the emergency does not permit any delay in correction,
the notice shall state that the Village may correct or has corrected
the emergency condition.
D.
In both cases, the notice shall state that the corrective costs of
the emergency will be assessed against the owner, and levied against
the premises pursuant to the provisions of this chapter.
E.
In any case where the Code Enforcement Officer finds a building or
conditions within a building wherein there is an imminent hazard to
life safety, the Code Enforcement Officer shall immediately close
the building or dwelling and order the occupants to vacate the building
until the conditions are corrected and inspected for compliance with
all applicable codes, rules and regulations. Signs reading "No Admittance"
shall be posted at all entrances to such building. Only persons permitted
by the Code Enforcement Officer to enter the building shall be allowed
in the building and only to secure the building or perform necessary
corrections. As soon as practically possible, the Code Enforcement
Officer shall notify the Mayor, in writing, of the action that was
taken under this subsection and the reasons therefor.
F.
Upon correction of the hazards and upon inspection and verification
by the Code Enforcement Officer, the Code Enforcement Officer shall
permit the signs to be removed and the building to be occupied. The
Code Enforcement Officer shall then notify the Mayor of the disposition
of conditions of the building.
[Amended 12-10-2009 by L.L. No. 10-2009]
Upon notification that the owner of the unsafe building or structure
has failed or refused to repair the unsafe building or structure within
the time specified any order of the Board of Trustees and/or Supreme
Court, the Code Enforcement Officer shall report the same to the Village
Board of Trustees. The Village Board of Trustees may thereupon direct
that the Village shall cause the repair or removal of the unsafe building.
After such work has been completed, the Code Enforcement Officer shall
file with the Village Board of Trustees a verified statement of all
expenses incurred in the removal or repair of the unsafe or dangerous
building or structure, which will be assessed and levied against the
land and collected in the same manner as Village taxes in order to
reimburse the Village for its expenses.
Upon receipt of the verified statement by the Code Enforcement
Officer regarding the costs of the proceedings to repair or remove,
the Village Board of Trustees shall direct that the amount thereof,
including the charges added thereto, shall constitute a lien against
said premises and direct that the same shall be added to the next
assessment roll of general Village taxes and shall be collected and
enforced in the same manner, by the same proceedings, at the same
time and under the same penalties as the general Village tax and as
a part thereof. In addition thereto, interest shall run thereon from
the date of filing the verified statement to the date of actual payment
at 9% per annum.
Notwithstanding any provision herein to the contrary, the Village
may, at its election, institute suit against the owner of said premises
for all expenses incurred in the work and which will be assessed against
the land as compensation to the Village for said work performed and
enter a judgment thereon against the owner personally for the aforesaid
amount. The imposition and collection of any fine or penalty hereinafter
prescribed shall not bar the right of the Village to collect the costs
of the removal or repair of any unsafe building or structure as herein
prescribed.
[Amended 12-10-2009 by L.L. No. 10-2009]
The failure of the owner to complete the repairs or to remove
the unsafe building or structure as specified in the final notice
of the Code Enforcement Officer shall subject the owner to all the
obligations and penalties set forth in this chapter.
A.
Any person or corporation who allows or causes an unsafe building
or structure to exist within the Village shall be guilty of a violation
punishable by a fine not exceeding $250 per day, imprisonment for
a term not to exceed 15 days, or both. Each day that the violation
continues shall constitute a separate offense.
B.
Violation of an order. Any person who shall fail to comply with an
order of the Village of Morrisville Code Enforcement Officer within
the time fixed for compliance therewith, and any owner, builder, architect,
tenant, contractor, subcontractor or his agent or any other person
taking part or assisting in the use or construction of any building
who shall violate any order, notice or directive of the Village of
Morrisville Code Enforcement Officer shall be punishable by a fine
not exceeding $250 per day, imprisonment for a term not to exceed
15 days, or both. Each day in violation continuing beyond the date
fixed in the order of the Code Enforcement Officer shall be deemed
a separate offense.
