[HISTORY: Adopted by the Board of Trustees
of the Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as
Ch. 70 of the 1983 Code. Amendments noted where applicable.]
Certain buildings and structures in the Town/Village
of East Rochester, through neglect and disuse, have in the past and
may in the future become dangerous to the public and/or unfit for
human habitation. The purpose of this chapter is to provide a method
for their removal.
[Added 3-8-1999 by L.L. No. 1-1999]
As used in this chapter, the following terms
shall have the meanings indicated:
- DANGEROUS AND/OR UNSAFE BUILDING OR STRUCTURE
- A building or structure which is structurally unsound, unsanitary or not provided with adequate ingress or egress or which constitutes a fire hazard or which has become unsafe by reason of damage by fire, the elements, age or general deterioration or which, in relation to an existing use, constitutes a hazard to public health, safety or welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment or which is otherwise dangerous to human life.
Upon receipt of a complaint, or upon his own
initiative, the Building Inspector may inspect any building or structure
in the town/village to determine its condition and/or its fitness
for human habitation and report his findings, in writing, to the Village
Board.
Upon receipt of a written report from the appointed
official indicating that a building or structure is or may be dangerous
and unsafe to the public and/or unfit for human habitation, the Village
Board shall cause a notice, in writing, to be served personally or
sent by registered mail, or by any other method of service as provided
for in the Civil Practice Law and Rules, to the owner or some one
of the owner's executors, legal representatives, agents, lessees or
any person having a vested or contingent interest in the same, addressed
to the last known address, if any, of said person, as shown by the
records of the Receiver of Taxes and/or in the office of the County
Clerk. Said notice shall contain a description of the premises; a
statement of the particulars in which the building or structure is
unsafe, dangerous or unfit for human habitation; an order requiring
the same to be made safe or secure or fit for human habitation or
removed; and notice of the time and place of a hearing to be held
before the Village Board. Said notice shall also fix the time within
which the person served with the notice may commence the securing
or removal of the buildings or structures. If said notice was served
by registered mail, a copy of such notice shall be posted on the premises
in a conspicuous place.
A copy of such notice shall be filed in the
office of the Monroe County Clerk, which notice shall be filed by
such Clerk in the same manner as a notice of pendency pursuant to
Article 65 of the Civil Practice Law and Rules, and shall have the
same effect as a notice of pendency as therein provided, except as
otherwise herein provided. 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 the order of a judge or justice of a court
of record or upon the consent of the Village Attorney. The County
Clerk shall mark such notice and any record or docket thereof as canceled
of record upon the presentation and filing of such consent or of a
certified copy of such order.
A.
A hearing shall be held before the Village Board in
accordance with the notice to repair or demolish served upon the owner
and such persons having an interest in the property as hereinabove
prescribed.
B.
In the event that the owner fails or refuses to repair
or remove such building or structure within the time provided, the
village shall remove said building or structure.
All costs and expenses incurred by the Village
of East Rochester in connection with the aforesaid proceedings, including
the cost of actually removing said buildings or structures, shall
be assessed against the land on which said buildings or structures
are located; or, in the alternative, the Village Board may commence
a special proceeding in a court of competent jurisdiction to collect
the costs of demolition, including reasonable and necessary legal
expenses incidental to obtaining an order to demolish from the owner
of any building or structure that may now be or shall hereafter become
dangerous or unsafe to the public. The provisions of Article 4 of
the Civil Practice Law and Rules shall govern any special proceeding
commenced under this section.
[Added 3-8-1999 by L.L. No. 1-1999]
Any person violating any provision of this chapter
shall, upon conviction, be liable to a fine not exceeding $250 or
to imprisonment for a term not exceeding 15 days, or to both such
fine and imprisonment.
