Village of Lancaster, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lancaster 7-25-1994 by L.L. No. 4-1994 (Ch. 60 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
General penalties — See Ch. 1, Art. II.
Building construction — See Ch. 104.
Electrical standards — See Ch. 131.
Fees — See Ch. 144.
Fire prevention — See Ch. 156.
Housing standards — See Ch. 189.

§ 115-1 Enforcement officer.

[Amended 6-27-2011 by L.L. No. 6-2011]
The Board of Trustees of the Village of Lancaster shall appoint a Code Enforcement Officer, who will be charged with the responsibility of carrying out the obligations and duties set forth in this chapter.

§ 115-2 Duties of owner.

No owner of a building or structure in the Village of Lancaster shall cause or permit said building or structure to become dangerous or unsafe to the public. In the event that any building or structure now or hereafter becomes dangerous or unsafe to the public, from any cause whatsoever, said owner shall repair or remove said building or structure.

§ 115-3 Structures deemed dangerous or unsafe.

Dangerous and unsafe buildings and structures shall include but are not limited to the following:
A. 
A vacant building or structure not continuously guarded or boarded up and which is not safe and secure from unauthorized entry or use shall be deemed dangerous and unsafe.
B. 
A vacant building or structure boarded up for a period of one year shall, at the expiration of such period, in the absence of competent and relevant evidence being furnished to the contrary, be presumed to be a fire hazard, dangerous and unsafe.

§ 115-4 Inspection and reports.

[Amended 6-27-2011 by L.L. No. 6-2011]
A. 
Upon receipt of information that a building or structure may be dangerous or unsafe to the public from any cause, the Code Enforcement Officer shall conduct an inspection of said building or structure. If the Code Enforcement Officer, upon completion of such inspection of a building or structure, concludes that said building or structure is unsafe or dangerous, he shall so report to the Village Board of Trustees. Said report shall contain a description of the premises and a statement of the particulars by which the building or structure is unsafe or dangerous to the public.
B. 
If upon review of said report the Village Board resolves that the Code Enforcement Officer has established the reasonable likelihood of an unsafe or dangerous condition, the Village Board may in its discretion direct the Code Enforcement Officer to issue a notice to remedy pursuant to § 115-5 of this chapter. If the Village Board directs the Code Enforcement Officer to issue a notice to remedy pursuant to § 115-5 of this chapter, the Village Board shall also at that time schedule a hearing to be held before the Village Board pursuant to § 115-7. The hearing shall be scheduled to accommodate compliance with the scheduling mandates of § 115-7A.

§ 115-5 Notice to remedy.

A. 
If in accordance with § 115-4 of this chapter the Village Board directs the Code Enforcement Officer to issue a notice to remedy, the Code Enforcement Officer shall prepare a notice to remedy to be served upon the owner of said building or structure. Said notice shall provide the following information:
[Amended 6-27-2011 by L.L. No. 6-2011]
(1) 
A description of the premises.
(2) 
A statement of the particulars by which the building or structure is dangerous or unsafe.
(3) 
An order directing that said building or structure shall be made safe and secure or removed within 30 days from the date of service of said notice.
(4) 
Notice that, upon the failure of the owner to comply with the order of the Code Enforcement Officer, the Village of Lancaster Board of Trustees may direct the removal of said building or structure, with the cost thereof assessed against the land upon which the building or structure is situated.
(5) 
The time and place of a hearing to be held before the Village Board of the Village of Lancaster.
B. 
Said notice shall advise that it is issued pursuant to the provisions of this chapter of the Code of the Village of Lancaster and shall have annexed to it a copy of this chapter of the Code of the Village of Lancaster.

§ 115-6 Service of notice.

A notice to remedy required by § 115-5 above shall be served upon all owners as shown by the records of the Assessor. Service shall be either personally or by registered mail addressed to the last known address of the party to be served. If notice is served by registered mail, a copy of such notice shall be posted on the premises within two days of mailing. Personal service shall be made upon an individual identified within New York Civil Practice Law and Rules § 303, Subdivision 1 of § 308, § 309, § 310, § 311 or § 318 or Estates, Powers and Trusts Law § 11-4.4.

§ 115-7 Hearings.

A. 
Upon receipt of a report from the Code Enforcement Officer that a building or structure is dangerous or unsafe to the public, the Village Board of the Village of Lancaster may conduct a hearing to determine whether said building or structure is dangerous or unsafe to the public and has not been repaired or removed as ordered by the Code Enforcement Officer. Said hearing shall be commenced not less than 45 days nor more than 90 days from the date of delivery or mailing of the notice to remedy set forth in § 115-5 above. At said hearing, all parties having ownership interest in the property at issue shall be afforded the opportunity to be represented by counsel, question witnesses, offer proof and arrange for stenographic recording of said hearing. Adjournments and continuances of said hearing may be permitted by the Village Board for good cause with notice thereof to the respondent property owner.
[Amended 6-27-2011 by L.L. No. 6-2011]
B. 
If, upon the completion of said hearing before the Village Board, the Village Board finds that such building or structure is dangerous or unsafe to the public for one or more of the reasons particularized by the Code Enforcement Officer, the Village Board may thereafter arrange for the repair or removal of such building or structure.
[Amended 6-27-2011 by L.L. No. 6-2011]
C. 
Notice of the hearing shall be publicized by the Village Clerk by causing the same to be published once in the official newspaper at least three days prior to the day fixed for such hearing.
[Added 11-13-2006 by L.L. No. 4-2006]

§ 115-8 Vacation or demolition of building or structure.

[Amended 6-27-2011 by L.L. No. 6-2011]
When, in the opinion of the Code Enforcement Officer, there is imminent danger of the failure or collapse of a building or structure or any part thereof which endangers life or property or when a building or structure or part thereof has fallen or collapsed and renders occupancy of the premises dangerous or unsafe, the Code Enforcement Officer shall have the right to require the occupants to vacate the same forthwith and, upon approval of the Board of Trustees of the Village of Lancaster, order the demolition of the building or structure or any part thereof. In such cases when the Code Enforcement Officer shall require the vacation or demolition of a building or structure, the Code Enforcement Officer shall immediately cause a notice to be posted conspicuously at or about the premises reading substantially as follows: "These premises are dangerous and unsafe and their use or occupancy is prohibited. Village of Lancaster Code Enforcement Officer." Thereafter, no person shall enter upon such premises except for the purpose of making required repairs or of demolishing the unsafe building or structure or part thereof or for the purpose of inspection in connection therewith.

§ 115-9 Emergency repair or enclosure of building or structure.

[Added 6-10-2002 by L.L. No. 1-2002; amended 6-27-2011 by L.L. No. 6-2011]
When, in the opinion of the Code Enforcement Officer, a vacant building or structure creates an imminent danger to life or property such that a hearing pursuant to § 115-7 cannot be accommodated, the Code Enforcement Officer, upon such notice to the property owners as is feasible and upon approval of the Board of Trustees of the Village of Lancaster, shall arrange for the repair, enclosure and/or security of said building or structure.

§ 115-10 Assessment of costs.

All costs and expenses incurred by the Village in connection with any and all of the above proceedings to remove or secure, including the cost of actually removing said building or structure or securing the same, shall be assessed against the land on which the building or structure is located. The Village Clerk shall file a certificate of such actual cost and expense, with a statement as to the property upon which such costs and expenses were incurred, with the Assessor of the Village, who shall, in preparation of the next assessment roll of general Village taxes, assess such amount upon such property, and the same shall be levied, collected and enforced in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property assessed as the general Village tax and as a part thereof.

§ 115-11 Open holes prohibited.

No person shall remove or demolish, wholly or partially, any building or structure and leave an excavation, opening or hole in the ground.

§ 115-12 Permit required.

[Amended 6-27-2011 by L.L. No. 6-2011]
Any person, firm, corporation or association wishing to demolish a building or structure in the Village of Lancaster for any reason shall make application for a demolition permit to the Code Enforcement Officer and pay the fee as provided in Chapter 144, Fees, of the Code of the Village of Lancaster. The application procedure for a permit under this chapter shall be the same as for a building permit.

§ 115-13 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, of the Code of the Village of Lancaster.

§ 115-14 Applicability of state provisions.

[Added 6-8-2009 by L.L. No. 6-2009]
The provisions of this chapter shall be in addition to and in furtherance of the New York State Uniform Fire Prevention and Building Code, including but not limited to Sections 108 and 109 of the Property Maintenance Code of New York State.