[HISTORY: Adopted by the Board of Trustees
of the Village of Albion 8-14-1996 by L.L. No. 5-1996. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any structure, house, shed or other man-made structure or
part thereof used for residential, business, industrial or any other
purpose.
Any employee of the Bureau of Code Enforcement and Fire Prevention
with enforcement authority.
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities capable of being sued.
This chapter will be enforced by the Bureau
of Code Enforcement and Fire Prevention of the Village of Albion.
All buildings or structures situate within the
corporate limits of the Village of Albion, New York, in business,
industrial, multiple-dwelling and residential sections that, from
any cause, may now have or shall hereafter have any or all of the
following defects shall be deemed "dangerous buildings":
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
significant 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 the Village
Albion, New York.
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 inadequate facilities for egress in case
of fire or panic or those having insufficient stairways, elevators,
fire escapes or other means of communication.
G.
Those which have parts thereof which are so attached
that they may fall and injure members of the public or property.
H.
Those which, because of their condition, are unsafe,
unsanitary or dangerous to the health, morals, safety or general welfare
of the people of the Village of Albion, New York.
A.
All dangerous buildings within the terms of § 135-3 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated, demolished or removed as hereinbefore and hereinafter provided.
B.
It shall be the responsibility of the owner of the
property to remove all unsanitary, flammable or combustible materials
and to board up all windows, doors and openings to the building. This
shall take place at the direction of the Code Enforcement Official
after the building has been declared unsafe, after the building has
been declared uninhabitable or after the building has been vacant
for more than 60 days. In the event that the owner of the property
fails to carry out these functions, the Code Enforcement Official
shall take action to cause the removal of all unsanitary, flammable
or combustible materials and to board up all windows, doors and openings
so as to prevent entrance. The cost of such action shall be a lien
on the property and shall be collectible in the same manner as delinquent
taxes.
The Bureau of Code Enforcement and Fire Prevention
shall:
A.
Inspect any building, wall or structure about which
complaints are filed by any persons 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 by
the Albion Fire Department or any officer or member thereof or reported
by the Police Department of said Village or any officer thereof to
either the Code Enforcement Official or to the Board of Trustees as
probably existing in violation of the terms of this chapter or reported
as aforesaid to be suspected to be existing in violation of the terms
of this chapter.
C.
Inspect any building, wall or structure concerning
which he or she has reasonable grounds to suspect that the same is
or may be existing in violation of this chapter.
D.
As expeditiously as possible and not later than 30
days immediately following his or her examination and inspection,
report in writing and file such report with the Village Clerk, stating
the date of his or her inspection and stating the particulars in which
the building or structure is unsafe or dangerous or violative of this
chapter.
F.
Act as one of the surveyors as an official of the
Village of Albion, New York, in all cases where a survey is required.
G.
Perform such other and further duties as may lawfully
be delegated by the Board of Trustees.
Upon the filing of his report with the Village Clerk, as heretofore provided in § 135-5D hereof, or at any time thereafter whenever, in the opinion of the Code Enforcement Official, any building or structure or any part thereof in the business, industrial, multiple-dwelling or residential sections in the Village of Albion, New York, is, for want of repair or by reason of age or dilapidated condition or for any other cause, either structurally unsafe or from any cause dangerous or unsafe to the public or from any cause violative of the terms of this chapter or from any cause is in such an unsafe condition as to endanger life or property, the Code Enforcement Official shall have authority to order any owner, agent or person in possession, charge or control of such building or structure or any part thereof to put the same in a safe condition and to repair and secure the same or to take down and remove the same or any part thereof within such reasonable time as may be determined by the Code Enforcement Official in such order; provided, however, that in all cases such order shall fix the time when compliance therewith shall commence at not more than 10 calendar days after the service thereof, and provided further that, except in case of emergency, not less than 30 calendar days shall be allowed in such order for completion of compliance therewith. The Code Enforcement Official shall serve or cause to be served a notice, in writing, on the owner or some one of the owner's executors, legal representatives, agents or lessees and upon any other person or persons having a vested or contingent interest in such building or structure or any part thereof, which notice shall contain a description of the premises and a statement of the particulars in which the building or structure is unsafe or dangerous, and which notice shall be served as herein provided concurrently with an order requiring said building or structure to be made safe and secure or removed. Such notice and order shall be served or caused to be served either personally or 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 or lessees and other person or persons having a vested or contingent interest in said building or structure or any part thereof as shown by the records of the Orleans County Treasurer and the Orleans County Clerk. The Code Enforcement Official shall post or cause to be posted conspicuously on the outer exterior wall of such premises, at the time of such service of within a reasonable time thereafter, a copy of such notice and order. Such notice and order shall remain posted until the required changes have been made, and it shall be unlawful for any person to remove, deface or destroy such notices without permission of the Code Enforcement Official.
A.
Upon the refusal or neglect of the person or persons served with the notice and order provided for by § 135-6 of this chapter to comply with any or all of the requirements of such notice and order within the time prescribed by such notice and order, then, upon order of the Village Board of Trustees, a notice of survey shall be served upon such person or persons in the manner prescribed by § 135-6 of this chapter, notifying such person or persons that a survey of the premises described in such notice of survey will be made at the time and place specified in such notice of survey, which time shall not be less than 24 hours from the time of the service of such notice of survey, and which notice of survey shall further notify such person or persons that such survey will be made at such time and place as are specified therein by the Code Enforcement Official of the Village of Albion, New York, and an engineer or architect named by the Board of Trustees of the Village of Albion, New York, and designated in such notice and by an engineer or architect appointed by the person or persons notified as herein provided. Such notice shall further notify such person or persons that, in the event of the refusal or neglect of such person or persons so notified to appoint such third surveyor and to cause his or her attendance at the time and place of the survey as set forth in the notice of survey, then and in such event the Code Enforcement Official of Albion, New York, and the engineer or architect named by the Board of Trustees and designated in such notice of survey shall make the survey and report. Such notice of survey shall state that in the event that the building or structure or any part thereof shall be reported unsafe or dangerous under such survey, then an application will be made at a special term of the Supreme Court in the Eighth Judicial District not less than five nor more than 10 calendar days thereafter for an order determining the building or structure or any part thereof to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.
[Amended 7-10-2013 by L.L. No. 4-2013]
B.
At the time and place set forth in the notice of survey provided for in Subsection A of this section, the surveyors specified in such Subsection A shall survey the premises described in the notice of survey and shall make a report, in writing, stating the particulars in which the building or structure is unsafe or dangerous or violative of this chapter, and such report shall be signed by each of the surveyors and filed with the Village Clerk of the Village of Albion, New York.
C.
In case the premises referred to in such report shall
be reported dangerous under such survey, said report will be placed
before the Supreme Court as indicated in such notice.
D.
The failure, refusal or neglect of any surveyor to
sign the report of the survey shall not affect the validity thereof,
and the same shall be filed, posted and placed before the Supreme
Court as provided herein, whether or not signed by all surveyors.
The majority report of the survey shall be sufficient and deemed the
report of the survey hereunder. Any surveyor hereunder shall have
the right to file a minority or dissenting report with the Village
Clerk concurrently with the majority report of the survey hereunder.
A copy of the report of the survey shall be
posted on the building which is the subject thereof by the persons
holding the survey immediately on their signing such report.
[Amended 7-10-2013 by L.L. No. 4-2013]
The engineer or the architect named by the Board
of Trustees as hereinbefore provided who may act on any survey called
in accordance with this chapter and the engineer or architect appointed
as hereinbefore provided by the person or persons notified as hereinbefore
provided shall each be entitled to and receive a fee to be fixed by
the Village Board to be paid by the Village Treasurer. A cause of
action is hereby created for the benefit of the Village against the
owner of said building or structure and against the owner of the lot
or parcel of land on which the same is situated for the amount so
paid with interest. The amount so collected shall be paid to the Village
Treasurer in reimbursement of the amount paid by him or her as aforesaid.
All costs and expenses incurred by the Village
in connection with the proceedings to remove, demolish, repair or
vacate any dangerous building or structure as hereinbefore defined,
including all surveyor's fees, attorneys' fees, advertising costs,
title searches and all other expenses necessarily incurred in such
proceedings, and all costs and expenses incurred by the Village in
connection with the actual repair, vacating, demolishing or removal
of any and all such buildings or structures under and by the direction
of the Board of Trustees shall, when properly certified by the Board
of Trustees, be audited and paid by the Village in the same manner
as other claims against the Village are audited and paid. A bill for
such expenses incurred by the Village as aforesaid shall be presented
to the owner personally or by leaving the same at his or her residence
with any adult person or, if he or she is a nonresident of the Village,
by mailing the same to him or her at his or her last known place of
residence or, if the name of such owner or his or her place of residence
cannot be ascertained after due diligence, by posting the same in
a conspicuous place on the premises. If such owner shall fail to pay
the same within 10 calendar days thereafter, the Board of Trustees
shall file, immediately preceding the time for making the annual assessment
roll, a certificate of the actual expenses incurred as aforesaid,
with a statement as to the property in connection with which such
expenses were incurred, with the Assessors of the Village, who shall,
in the preparation of the last assessment roll of general Village
taxes, assess such amount of such actual expenses upon such property
and against each building or structure and the lot or land upon which
the same is situate, 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. The imposition and
collection of any fine or penalty prescribed by this chapter or by
any existing ordinance shall not bar the right of the Village to collect
such aforesaid actual expenses as herein prescribed.
In cases of great emergency, where the delay of proceedings as herein before provided would result in probable loss of life or property, the Board of Trustees shall have the power to proceed at once to take such action as is needed to guard the safety of persons and property. In such cases, the Board of Trustees shall have the full power and authority to provide all necessary means therefor, and all expenses therefor shall be paid and collected as provided in § 135-10 hereof and in Article 5, § 78-b of the General Municipal Law of the State of New York.
Upon receiving an order from the Supreme Court of the State of New York as provided in § 135-7 hereof, the Code Enforcement Official shall immediately proceed to execute it as therein directed and may employ such labor and assistance as may be necessary for that purpose.
The remedies of the Village of Albion as herein
set forth shall not be exclusive, but the Village shall have any other
and further remedies, at law or otherwise, now existing or as may
be hereafter provided for under the laws of the State of New York,
and any and all such remedies shall be deemed cumulative, and the
pursuit of any remedy shall not be construed as an election or the
waiver of the right to pursue any and all others.
A.
It shall be unlawful for any person or corporation
to knowingly maintain or cause to be maintained or to knowingly allow
or permit any other person or corporation or agent, lessee or otherwise
to maintain, any dangerous, unsafe or hazardous building, residence
or structure, as herein defined, and any owner, occupant, lessee or
other person or corporation who shall knowingly maintain or cause
to be maintained or knowingly allow or permit to be maintained any
such dangerous, unsafe or hazardous building, residence or structure
and who shall fail to comply with any order or any provisions of any
order of the Supreme Court of the State of New York, obtained as herein
set forth, directing that such unsafe building, residence or structure
be demolished or repaired shall be guilty of a violation and, upon
conviction thereof, shall be punishable by a maximum fine of $250
or by imprisonment for not more than 15 days, or both, and, each and
every day such failure to comply continues beyond the date fixed for
such compliance by an order of the Supreme Court of the State of New
York, obtained as herein set forth, shall constitute a separate offense.
An adjudication by the Supreme Court of the State of New York determining
that the building, residence or structure is dangerous and/or unsafe
and a public nuisance shall be conclusive evidence of the fact of
the existence of such dangerous or unsafe building, residence or structure.
B.
Any person removing any notice provided for in this
chapter shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a maximum fine of $250 or by imprisonment for
not more than 15 days, or both, for each offense.
