Village of Naples, NY
Ontario 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 Naples 5-17-2000 by L.L. No. 2-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 10.
Alcoholic beverages — See Ch. 15.
Firearms and weapons — See Ch. 115.
Outdoor furnaces — See Ch. 138.
Noise — See Ch. 216.

§ 225-1 Title.

This chapter shall be known as the "Property Nuisance Abatement Law of the Village of Naples."

§ 225-2 Findings and purpose.

[Amended 7-16-2008 by L.L. No. 4-2008]
Dangerous and unsafe buildings, structures, and premises threaten life and property in the Village of Naples and constitute nuisances. Premises, whether occupied or unoccupied by human beings, improved or not, may become nuisances, dangerous and unsafe, by reason of faulty design or construction, failure to maintain the structural integrity of a building, lack of proper sanitary facilities, lack of adequate lighting or ventilation, inability to heat properly, failure to keep property free from the accumulation of garbage and refuse, fire damage, age or general deterioration, violation of state or local codes, laws, rules, or regulations, or any combination of these or other factors that create a hazard to the community. This chapter provides for the safety, health, protection and general welfare of the persons and property of and in the Village of Naples by requiring that such unsafe premises be repaired, cured, cleared, cleaned, vacated or demolished.

§ 225-3 Declaration of public nuisance.

All unsafe premises within the terms of this chapter are hereby declared to be public nuisances and shall be repaired, cured, cleared, cleaned, vacated or demolished as hereinafter provided.

§ 225-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
Any building, structure or portion thereof used for any or no purpose, whether vacant or occupied, including residential, business, agricultural, land conservation, or industrial purposes.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Village of Naples or such other persons appointed by the Village Board to enforce the provisions of this chapter.
[Amended 7-16-2008 by L.L. No. 4-2008]
GARBAGE
Any refuse from animal and vegetable matter, waste food or parts thereof, refuse from kitchen, market, store or house, floor sweepings, table waste or animal or vegetable matter, meats, fish, bones, fat and all of fat and organic waste substance or food substance capable of decay.
REFUSE
Plastics and combustible trash (that has not been packaged or is not part of a business operation), including but not limited to paper, cartons, boxes, barrels, wood, excelsior, tree limbs and branches, yard trimmings, wood furniture and bedding. Also included is noncombustible trash, including but not limited to tires, metals, cans, plastics, metal furniture, small quantities of rock, brick and concrete, glass, metal fixtures, bottles and street rubbish, street sweepings, dirt, ashes, dead animals, junked vehicles, solid market and industrial waste, cardboard, leaves, crockery and similar materials.
STRUCTURAL INTEGRITY
Any condition that threatens the safety of occupants, owners or the general public, such as but not limited to sheathing falling off the side of a building, roofs that are falling in, large holes of four square feet or larger, walls that are separating away from the building, buildings that are leaning at an angle, buildings that have partially or completely collapsed, sagging support beams, floors that are falling in, are weak and/or have holes, porch roofs dropping or pulling away from the building, chimneys that are leaning or falling apart, bricks that are missing and leave holes, steps that are rotted or coming apart, and decks that are leaning or rotted and falling down or coming apart.
THE VILLAGE
The Village of Naples.
THE VILLAGE BOARD
The Village Board of the Village of Naples.
UNSAFE PREMISES
Real property and/or any improvements, buildings, structures, equipment thereon or installations therein, including electrical, gas, water, sewer, or septic service, whether above or below ground surface, that are the property owner's responsibility and that have become or are dilapidated, decayed, unsafe, unsanitary, or a fire hazard or are likely to cause injury, sickness or disease and, therefore, are a danger to the health, safety or general welfare of those residing in or upon the property or adjacent to the same or to the citizens of the Village of Naples at large. "Unsafe premises" is further defined as properties that, because of their condition, are otherwise unsafe, unsanitary or dangerous to the people of the Village of Naples. "Unsafe premises" shall also be those properties that are in violation of the New York State Uniform Fire Prevention and Building Code, the New York State Public Health Law, the New York State Sanitary Code, the Zoning Law of the Village of Naples[1] and/or other local laws and ordinances declared to be public nuisances by the Village of Naples by resolution. "Unsafe premises" may include the whole or any portion of any real property describe in a deed recorded in the office of the Ontario County Clerk or on the tax rolls and tax map of the Village of Naples, Ontario County. "Unsafe premises" may be improved or unimproved real property, containing buildings and/or consisting of vacant land.
[Amended 7-16-2008 by L.L. No. 4-2008]
UNSAFE PROPERTIES
See "unsafe premises"; shall be considered the same.
[1]
Editor's Note: See Ch. 385, Zoning.

§ 225-5 Duties of Code Enforcement Officer.

[Amended 7-16-2008 by L.L. No. 4-2008]
When in the Code Enforcement Officer's opinion or upon receipt of information that any property is or may become unsafe premises within the meaning of this chapter, the Code Enforcement Officer shall be authorized to condemn said premises or buildings and to have these vacated immediately if necessary. The Code Enforcement Officer shall also be authorized to order its repair, if the same can be safely repaired, its securing for safety purposes and/or its demolition and removal. For any necessary stronger enforcement the Code Enforcement Officer shall make a report in writing to the Village Board of his findings and recommendations in regards to its being vacated, repaired, secured for safety purposes or demolished and removed.

§ 225-6 Village Board order.

[Amended 7-16-2008 by L.L. No. 4-2008]
The Village Board shall thereafter consider such report and the definitions of this chapter and by resolution determine, if in its opinion and judgment the report so warrants, that such building or premises is unsafe or dangerous and order its repair, if the same can be safely repaired, its securing for safety purposes and/or its demolition and removal and further order that a notice be served upon the persons designated in § 225-8 of this chapter and in the manner provided therein. The Village Board will authorize the Code Enforcement Officer to be in charge of the enforcement of the Village order.

§ 225-7 Contents of notice.

This notice shall contain the following:
A. 
A description of the premises.
B. 
A statement of the particulars in which the building or property is unsafe or dangerous.
C. 
A statement outlining the manner in which the building or property is to be made safe and secure or demolished and removed.
D. 
An order that the repair, vacating, securing or removal of such building or condition (nuisance) shall commence within 30 days of service of the notice and shall be completed within 60 days thereafter, unless for good cause shown such time shall be extended.
E. 
A date, time and place for a public hearing before the Village Board in relation to such dangerous or unsafe premises, which hearing shall be scheduled not less than five business days from the date of service of the notice. Emergency notices shall be displayed in the window at the Village Clerk's office identifying the property and status of action being taken.
F. 
A statement that, in the event of neglect or refusal to comply with the order to secure or demolish and remove or correct such condition (nuisance), the Village Board is authorized to provide for its repair or securing or its demolition and removal, as the case may be, to assess all expenses thereof against the land on which it is located and/or to institute a special proceeding to collect the cost of removal, demolition or repair, including legal and engineering expenses.

§ 225-8 Service of notice.

The notice required under this chapter shall be served upon the owner, his executors, legal representatives, agent, lessee, or any other person having a vested or contingent interest in such unsafe premises or building, as shown by the records of the Town Assessor or of the Ontario County Clerk. Service shall be made either personally or by registered or certified mail, addressed to the last known address, if any, of the owner, his executors, legal representatives, agent, lessee or other person having a vested or contingent interest in such unsafe premises or building as aforesaid identified. If service is made by registered or certified mail, a copy of the notice shall be posted on the premises.

§ 225-9 Filing of notice.

A copy of the notice served as provided herein shall be filed in the office of the Clerk of the County of Ontario and with the Village Clerk of the Village of Naples.

§ 225-10 Conduct of public hearing.

A. 
The public hearing shall be conducted before at least a quorum of the Village Board.
B. 
The Mayor or his or her designee shall preside over the public hearing.
C. 
The owner of the premises may be represented by counsel at the public hearing and shall have the right to call witnesses in his or her behalf and to otherwise present his or her case in opposition to the Village case.
D. 
The strict rules of evidence shall not apply to the public hearing. The Village must prove its case by a preponderance of the evidence.
E. 
After both parties have presented their respective cases, the Village Board shall decide the case. Such decision shall be in writing and shall be filed with the Village Clerk and mailed to the property owner at his or her last known residence address within five days of the date of the public hearing. The decision shall be made by a simple majority of the Village Board.
F. 
Failure of the property owner to appear, either in person or by representative, at the date and time specified for a public hearing shall not prevent the Village from rendering a decision.

§ 225-11 Failure to comply; action by Village.

In the event of the refusal or neglect of the person so notified to comply with said order of the Village Board and after the hearing, the Village Board shall provide for the repair, vacating, securing or demolition and removal, as the case may be, of such building or property, either by Village employees or by contract. Except in emergency cases as provided for herein, any contract for repair, securing or demolition and removal, as the case may be, shall be awarded in accordance with the provisions of the General Municipal Law of the State of New York.

§ 225-12 Penalties for offenses.

[Amended 7-16-2008 by L.L. No. 4-2008]
If the property has not been brought into compliance 30 days after the first certified notice by the Code Enforcement Officer to bring the property into compliance, the property owner or owners or agents shall be subject to fines in the amount of $500 per week until the property has been brought into compliance. Any unpaid fines within a twelve-month period shall be levied onto the property taxes.

§ 225-13 Assessment of expenses.

All expenses incurred by the Village in connection with the proceedings to repair and secure or demolish and remove the unsafe building or property, including the cost of actually removing such building or correcting such condition or nuisance or repairing the same, shall be assessed against the land on which such building or condition or nuisance is located and shall be levied and collected in the same manner as provided for in the Village Law for the levy and collection of Village taxes or special ad valorem levies.

§ 225-14 Emergency cases.

[Amended 7-16-2008 by L.L. No. 4-2008]
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 condition or nuisance is immediately repaired and secured or demolished, the Village Board may, by resolution, authorize the Code Enforcement Officer to order immediately the repair, vacating, securing or demolition of such unsafe building or correction of such condition (nuisance). The expenses of such repair, vacating, securing or demolition or correction of such condition (nuisance) shall be charged against the land on which it is located and shall be assessed, levied and collected as provided for under § 225-13 of this chapter.

§ 225-15 Administrative liability; defense by Village Attorney.

No officer, agent or employee of the Village shall render himself personally liable for any damage that may occur to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer or employee of the Village as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the Village Attorney until the final determination of the proceedings thereon.[1]
[1]
Editor's Note: See also Ch. 79, Defense and Indemnification.