[HISTORY: Adopted by the Board of Trustees of the Village of East Rochester 9-11-2000 by L.L. No. 3-2000. Amendments noted where applicable.]
The purpose of this chapter is to protect the safety, health, welfare and general well-being of the residents of East Rochester requiring unsafe buildings to be repaired, demolished and removed. Unsafe buildings pose a threat to public health, safety and welfare of the residents of the Town/Village of East Rochester.
As used in this chapter, the following terms shall have the meanings indicated:
- Any structure or edifice or portion thereof presently or formerly used for residential, business, industrial, agricultural, recreational or other purpose, whether occupied or vacant.
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer of the Town/Village of East Rochester or such other person appointed by the Town/Village Board to enforce the provisions of law or codes of the Town/Village of East Rochester, including provisions of this chapter.
- The owner of record or any other person, persons, firm, corporation
or entity in actual possession of or otherwise having charge, care
or control of any property within the Town/Village, including, but
not limited to, executor, administrator, trustee, guardian, heir,
distributee or agent.[Added 7-9-2012 by L.L. No. 3-2012]
- PORTION OF BUILDING
- Any debris, rubble or parts of buildings which remain on the ground or on the premises after demolition, reconstruction, fire or other casualty.
- UNSAFE BUILDINGS
- Any structure or edifice or portion thereof which:
- A. Because of its condition, is or may become unsecured structurally or otherwise deteriorated and is or may become dangerous to the public.
- B. Is open at the doorways or windows or walls, making it accessible.
- C. Is or may become a place of rodent infestation.
- D. Consists of debris, rubble or parts of buildings left on the ground after demolition, reconstruction, fire or other casualty.
- E. Presents any other danger to the health, safety and general welfare of the public.
It shall be unlawful for any owner, tenant or occupant of any building or portion of any building, and the owner, tenant or occupant of the land upon which same is situated, to maintain such building or portion of such building in any condition or manner which shall be unsafe as defined in § 173-2.
Whenever any person or persons shall be in actual possession of or otherwise have charge, care or control of any property within the Town/Village as executor, administrator, trustee, guardian, heir, distributee or agent, such person or persons shall be deemed and taken to be the owner or owners of such property within the true intent and meaning of this chapter and shall be bound to comply with the provisions of this chapter and to the same extent as the record owner, and notice to any such person or persons shall be deemed and taken to be a good and sufficient notice, as if such person or persons were actually the record owner or owners of such property.
[Added 7-9-2012 by L.L. No. 3-2012]
When, in the opinion of the Code Enforcement Officer, any building located in the Town/Village of East Rochester is determined to be dangerous or unsafe to the public as defined in this chapter, the Code Enforcement Officer shall make a formal inspection thereof and report in writing to the Town/Village Board his findings and recommendations with regard to the building's removal or repair.
The Town/Village Board shall thereupon consider said report, and if it finds that said building is dangerous and unsafe to the public, it shall, by resolution, order its repair if the same can be safely repaired, and if not, its removal and demolition, and shall further order that a hearing be held before the Town/Village Board at a time and place therein specified and on at least 10 days' notice to the owner of the building and the owner, tenant or occupant of the land upon which same is situated, or persons having an interest therein, to determine whether said order to repair or remove shall be affirmed or modified or vacated, and in the event of modification or affirmance, to assess all costs and expenses incurred by the Town/Village of East Rochester in the repair or removal of such building against the land on which said building is located.
Contents of notice enumerated.
The name of the owner or person in possession as appears from the tax and deed records.
A brief description of the premises and its location.
A description of the building, which is unsafe or dangerous, and a statement of the particulars in which it is unsafe or dangerous.
An order requiring the same to be made safe and secure or to be removed.
The time and place of the hearing to be held before the Town/Village Board, at which hearing the owner or occupant shall have the right to contest the order and findings of the Town/Village Board.
The securing or removal of said building should commence within a specified number of days of the service of the notice and shall be completed within a specified number of days thereafter.
In the event that such owner, occupant or other person having an interest in said premises shall fail to contest such order and fail to comply with the same, the Town/Village Board will order the repair or removal of such building by the town/village, and the town/village will assess costs and expenses incurred in such repair or removal against the land on which said building is located.
In any case where a building which is required to be made safe and secure under this chapter is made safe by the boarding up thereof, the material used for such boarding up shall be painted, as near as practicable, the same color as the building.
A copy of said notice shall be personally served upon the owner or one of the owners, executors, legal representatives, agents, lessees or other person having a vested interest in the premises as shown on the town/village tax records or in the records of the Monroe County Clerk's office.
If no such person can be reasonably found for personal service, then a copy of said notice shall be mailed to such person by certified mail addressed to his or her last known address as shown on said records and by personally serving a copy of said notice upon any adult person residing in or occupying said premises and by securely affixing said notice upon said building.
A copy of said notice shall be filed in the Monroe County Clerk's office, which notice shall be filed in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules (CPLR) and shall have the same effect as a notice of pendency as therein provided. A notice so filed shall be effective for a period of one year from the date of filing. It may be vacated upon an order of a judge or justice of a court of record, or upon the written consent of the Town/Village Attorney of the Town/Village of East Rochester. The Monroe County Clerk's office shall mark such notice and any record or docket thereof as cancelled or record upon the presentation and filing of such consent or of a certified copy of such order.
The Town/Village Board shall conduct the public hearing at the time and place specified in the notice to repair or demolish. It may adjourn the hearing from time to time until all interested parties are heard and until the hearing is completed. At the conclusion of the hearing, the Town/Village Board shall determine by resolution to revoke the order to repair or remove, modify said order, or continue and affirm said order and direct the owner or other persons to complete the work within the time specified in the order or such other time as shall be determined by the Town/Village Board.
In the event of the refusal, failure or neglect of the owner or the person so notified to comply with said order of the Town/Village Board within the time specified in said order, and after the public hearing, the Town/Village Board shall order that such building be made safe and secure or removed and demolished by town/village employees or by independent contractors. The town/village reserves the right to proceed to competitive bidding for an award of a contract for repair or demolition after its determination of the potential cost and taking into consideration whether this is an emergency case.
All costs and expenses incurred by the town/village in connection with proceedings set forth in this chapter, including the cost of actually making safe, securing or removing said dangerous and unsafe condition, and also including any attorney fees attributable to the enforcement of this chapter, shall be assessed against the land on which the dangerous or unsafe condition is or was located, and shall be included in the tax levy and collected against said parcel of land or may be collected by use of General Municipal Law § 78-b.
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 is immediately repaired and secured or demolished, the Town/Village Board may by resolution authorize the Code Enforcement Officer to immediately cause the repair or demolition of such unsafe building.
The Town/Village Board, in its discretion, may elect 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.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in a litigation in which said judgment shall have been rendered.
This chapter shall take effect upon its being duly filed in the office of the Secretary of State of New York as provided in § 27 of the Municipal Home Rule Law.