[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 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.
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.