[HISTORY: Adopted by the Board of Trustees of the Village
of Akron 11-15-2010 by L.L. No. 3-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 71.
Flood damage prevention — See Ch. 82.
Property maintenance — See Ch. 117.
[1]
Editor's Note: This local law also repealed former Ch.
74, Buildings, Unsafe, adopted 7-11-1966 by § 30 of Ch.
XI of the Village Ordinances.
This chapter shall be known as "Local Law No. 3 of the Year
2010" entitled the "Local Law Regulating Unsafe Buildings in the Village
of Akron."
A.
Unsafe buildings pose a threat to the health and safety of the residents
of the Village of Akron. Buildings may become unsafe by reason of
fire, damage caused by other elements, age and/or general deterioration.
Vacant buildings that are not properly secured serve as attractive
nuisances for young children and provide a place for older children
and transients to congregate unsupervised. A dilapidated building
may also serve as a place of rodent or other infestation creating
a health menace to the community. It is the purpose of this chapter
to promote the public health, safety and general welfare of the residents
of the Village of Akron by providing for a procedure and process to
deal with unsafe buildings by requiring that they be either repaired
or demolished and removed.
B.
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 limited to, Sections 108 and 109 of the Property Maintenance
Code of New York State.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof used for residential,
business, agricultural, industrial or other use.
The Code Enforcement Officer of the Village of Akron or such
other person appointed by the Village Board to enforce the provisions
of this chapter.
Any building or other structure which has any 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 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, snow load or other
causes so as to have become dangerous to the life, safety and general
welfare of the residents of the Village of Akron.
Those which have become or are so dilapidated, decayed, unsafe
or unsanitary that they are unfit for occupation by humans or animals
or for use for storage.
Those buildings intended or used for human occupation that are
inadequate to protect the health, safety and general welfare of human
residents living therein.
Those buildings that lack adequate facilities for ingress and
egress in case of fire or other emergency 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 persons on the property or members of the general
public or cause damage to other property.
Those buildings which violate the provision of the New York
State Uniform Fire Prevention and Building Code, the Zoning Law[1] of the Village of Akron and any other applicable laws
of the State of New York, County of Erie or Village of Akron.
Any building which remains vacant and unattended continuously
for a period of one year or longer, without adequate safeguards to
prevent unauthorized entry.
A.
When a building has been damaged by a fire or explosion, it shall
be the obligation of the owner to notify the enforcement officer of
such occurrence within 72 hours after such occurrence.
B.
If fire, explosion or other natural disaster shall render the building
so damaged as to be incapable of being occupied or used in accordance
with the New York State Uniform Fire Prevention and Building Code
and/or the Zoning Law of the Village of Akron,[1] the owner of such building shall also, within 72 hours
after such occurrence, seal said building against access by unauthorized
persons and shall clear the site of debris incident to the occurrence
within two weeks after the occurrence.
D.
If the owner notifies the enforcement officer of his intent to demolish
the building and not rebuild, the owner must commence demolition within
30 days thereafter, and demolition must be completed and all debris
removed within 30 days thereafter (60 days after notice of election
to demolish).
E.
If the owner notifies the enforcement officer of his intent to rebuild
or reconstruct the building, application for a building permit must
be obtained within 60 days after notice of election to rebuild. The
owner shall have a total of six months to complete the rebuilding
or reconstruction of the building but shall have the right to request
an extension if necessary to finish the reconstruction; provided,
however, that during such period the building must remain secured
as to not present a hazard to the public. The enforcement officer
shall grant an extension if it appears that rebuilding or reconstruction
is continuing and that during such rebuilding or reconstruction the
building is secured so as not to create a hazard to the public. Any
extension granted by the enforcement officer shall not extend beyond
one year following the election to rebuild unless the consent of the
Village Board to a further extension is granted.
Upon receipt of a report filed with the enforcement officer in accordance with § 74-4 above or when, in the opinion of the enforcement officer or upon receipt of information from another source that, a building or structure is or may be an unsafe building as defined in § 74-3 hereof, the enforcement officer shall cause to be made or make an inspection of the same and report in writing to the Village Board his findings and any recommendations in regard to its repair or demolition and removal. The enforcement officer is authorized to enter onto the property for the purpose of inspecting the building and shall be required to identify himself to any reputed owner or occupant thereof. If, in the opinion of the enforcement officer, an interior inspection is warranted, the enforcement officer shall have the authority to obtain an administrative search warrant. It shall be a violation of this chapter to fail to cooperate with the enforcement officer or in any way prevent the enforcement officer from conducting the required inspection under this chapter.
The Village Board shall review the report submitted by the enforcement
officer and by resolution determine if, in its opinion, based solely
upon the report, it is indicated that the building is an unsafe building,
as defined herein, and if it so finds, order that a hearing be held
before the Village Board to determine whether the building is an unsafe
building, as defined herein, with notice to owner of the building.
The notice shall contain the following:
A.
A description of the premises, including tax account number and street
address.
B.
A statement of the particulars in which the building is unsafe or
dangerous.
C.
An order outlining the manner in which the building is to be made
safe and secure or demolished and removed.
D.
A statement that the securing or removal of such building shall commence within 30 days following a further decision of the Village Board rendered following the hearing specified hereafter in Subsection E and which shall be completed within 60 days thereafter, unless, for good cause shown, the Village Board shall extend such time.
E.
A date, time and place for a hearing set by the Village Board before
the Village Board in relation to such dangerous or unsafe building,
which hearing shall be scheduled not less than 15 business days from
the date of service of the notice.
F.
The notice shall further state that in the event of the refusal or
neglect of the person so notified to comply with the order of the
Village Board following the hearing, the Village Board may provide
for the repairing and securing or demolition and removal of such building
either by Village employees or by contract and that the expenses of
such repairing and securing or demolition and removal will be assessed
back against the owner on the owner's Village tax bill.
G.
As an alternative, the Village Board may, in its discretion, elect
to direct the enforcement officer to apply to the Supreme Court of
the State of New York for an order directing that the building be
repaired and secured or demolished and removed.
The notice shall be served personally upon the owner as shown
by the records of the Town Assessor of the Town of Newstead or Erie
County Clerk's office. In the event that the reputed owner is
deceased, service shall be made upon the owner's executors, legal
representatives, agents, lessees, heirs or distributees as determined
after review of Surrogates Court or other relevant records. If no
such person can be reasonably found, such notice shall be served by
mailing both by regular and certified mail, addressed to the last
known address, if any, of the owner or the owner's executors,
legal representatives, agents, lessees, heirs or distributees. If
such notice is served by regular and certified mail, a copy of such
notice shall be posted on the premises.
A copy of the notice served as provided herein shall be filed
in the Erie County Clerk's office in the same manner as provided
for in the case of a notice of pendency pursuant to Article 65 of
the Civil Practice Law and Rules of the State of New York and shall
have the same effect as the filing of a notice of pendency as provided
therein. A notice so filed shall be effective for a period of one
year from the date of filing; provided, however, that it may be vacated
upon an order of a judge or justice of a court of record or upon the
consent of the Attorney for the Village. The County Clerk shall mark
such notice and record or docket thereof as canceled of record upon
the presentation and filing of such consent or a certified copy of
such order. In addition, a copy of said notice shall be filed in the
office of the Akron Village Clerk.
A.
At the time and place specified in the notice issued pursuant to § 74-7 of this chapter, the Village Board shall conduct a hearing to review the report prepared by the enforcement officer, the testimony of the enforcement officer and such other evidence as the owner or enforcement officer shall introduce having relevance to the proceedings. At such hearing, the owner, his executor, legal representative, agent, lessees, heirs or distributees shall be entitled to introduce evidence to rebut the report submitted by the enforcement officer and his testimony, including, but not limited to, the owner's own testimony, photographic evidence, reports of licensed Code Enforcement Officer/Building Inspectors and other relevant evidence. In addition, the owner shall have the right to request the Village Board to personally visit the building.
B.
At the close of the hearing, the Village Board shall, by resolution,
affirm, modify or rescind its initial decision and order. If the initial
order is affirmed or affirmed with modification, the Village Board
shall issue an order directing that the owner shall, within 30 days
following the service upon the owner of the Village Board's order
following the hearing, commence with the repairing and securing of
the building or the demolition and removal of the building in accordance
with the order of the Village Board, and such repairing and securing
or demolition and removal shall be completed within 60 days thereafter.
A.
If the owner shall fail to commence repairing and securing or demolition and removal of the building within 30 days following service upon the owner of the order of the Village Board following the hearing or shall fail to complete said repairing and securing or demolition and removal within 60 days thereafter, the Village Board may provide for the repairing and securing of the building or the demolition and removal of the building by Village employees or by contract and that said expenses be assessed back against the owner in accordance with § 74-13 hereof. Except in the case of an emergency as provided in § 74-12 hereof, any contract for the repairing and securing or the demolition and removal of a building in excess of the monetary limits established in § 103 of the General Municipal Law shall be awarded by the Village Board through competitive bidding.
B.
As an alternative, the Village Board may, in its discretion, elect
to direct the enforcement officer to apply to the Supreme Court of
the State of New York for an order directing that the building be
repaired and secured or demolished and removed.
Where the Village Board determines that there is a clear and
imminent danger to the life, safety or health of persons and/or property
unless an unsafe building is immediately repaired and secured or demolished
and removed, the Village Board may, by resolution, authorize the enforcement
officer to immediately cause the repair or demolition of such unsafe
building. The expenses of any repair and securing or demolition and
removal shall be a charge against the real property upon which such
unsafe building is located and shall be assessed, levied and collected
as provided under the Code of the Village of Akron.
All expenses incurred by the Village in connection with proceedings
to compel the repair and securing or demolition and removal of an
unsafe building and any cost of the actual repair and securing or
demolition and removal shall be assessed upon the real property upon
which such unsafe building is located and shall be levied and collected
in the same manner as provided for in Village Law for the levy and
collection of special ad valorem assessments.
In addition to assessment of costs provided for in § 74-13, any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction, be subject to a maximum fine of $1,000 or a maximum term of imprisonment of five months, or both, for each offense.
