This chapter shall be known as the "Unsafe Building Law of the Village
of Canton, New York."
As used in this chapter, the following terms shall have the meanings
indicated:
BUILDING OR STRUCTURE
Any house, basement, cellar, wall, cottage, lot, shed, garage, well,
fence, sidewalk, storage tank, underground container, pole, smokestack, excavation,
building or other man-made structure, or portion thereof, used for residential,
business, industrial, recreational or any other purpose. This definition includes
any debris, rubble or parts of buildings or structures which remain on the
ground or on the premises after demolition, reconstruction, fire or other
casualty.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Village of Canton or such other
person appointed by the Village Board to enforce the provisions of this chapter.
OWNER
The owner of record of the premises in fee or lesser estate therein,
or the receiver, executor, administrator, or trustee of said owner of record,
or the duly authorized agent of any of the aforementioned. Record of ownership
may be determined from the tax, deed, or other records maintained by the Village
of Canton and the County of St. Lawrence. References in this chapter to "owner"
shall include the plural as appropriate.
PUBLIC NUISANCE
All buildings or structures which, by reason of their condition,
endanger or may endanger the health, life, limb or property or cause any hurt,
harm, inconvenience, discomfort, damage or injury to the health, life, limb
or property of the people of the Village of Canton in any of the following
ways shall be deemed to be a public nuisance:
A.
By reason of faulty construction, inadequate maintenance, dilapidation,
obsolescence, decay, deterioration, abandonment, age or lack of proper repair,
or by reason of continued vacancy and a resulting lack of reasonable or adequate
maintenance of structures and grounds, or any other cause, the building is
caused to be:
(1)
Detrimental to the general health of the community;
(2)
Unsafe for occupancy or use on, in, upon, about or around said premises;
(3)
A fire hazard to itself and/or neighboring buildings and structures;
or
(4)
A deteriorating and blighting influence on nearby properties and thereby
depreciating the enjoyment and use of the property in the immediate vicinity
to such an extent that it is harmful to the community in which such structure
is situated.
B.
By reason of being determined to be an unsafe building or structure
as defined in this chapter.
UNSAFE BUILDING OR STRUCTURE
Any building or structure, whether or not occupied, or portion thereof,
defined as follows:
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 roof
or in which the same are overloaded or which have insufficient strength to
be reasonably safe for the purpose used.
D.
Those which have been damaged by fire, wind or other causes so as to
become unsafe to life, safety or the general health and welfare of the members
of the public or so as to be likely a cause of damage to other property in
the village.
E.
Those which have become or are so dilapidated, decayed, unsafe and unsanitary
that they are unfit for human habitation or are likely to cause sickness or
disease so as to work injury to the health, safety or general welfare of those
living therein. Without limitation, there shall be included within this definition
those buildings or structures having light, air and sanitation facilities
which are inadequate to protect the health, safety or general welfare of human
beings who live or may live therein. Without limitation, there shall also
be included within this definition those buildings or structures having inadequate
facilities for egress in case of fire or panic or those having insufficient
stairways, elevators, fire escapes or other means of evacuation. The adequacy
of facilities, as aforesaid, shall be determined by the Building Code and
any provisions of the Fire Prevention Code or other ordinance, rule, regulation
or local law of the Village of Canton or the State of New York.
F.
Those which have parts thereof which are so attached that they may collapse
or fall and injure members of the public or property.
G.
Those which, because of lack of doors or windows, are available to be
frequented by vagrants, juveniles and transients and other persons not authorized
by the owner to be in or upon the building or structure.
H.
Those which, because of lack of doors or windows, constitute an attractive
nuisance for young children.
I.
Those buildings or structures, or parts thereof, existing in violation
of any provisions of the Building Code or any provisions of the Fire Prevention
Code or other ordinance, rule, regulation or local law of the Village of Canton
or the State of New York.
Any person upon whom a notice has been served who fails, neglects or
refuses to secure an unoccupied building or structure or to remove a public
nuisance or to remove an unsafe building or structure or to place an unsafe
building or structure in a safe condition, as designated in such notice, or
who shall violate any of the provisions of this chapter or orders
given pursuant thereto or who shall resist or obstruct the Code Enforcement
Officer in carrying out the provisions of this chapter shall, upon conviction
thereof, be subject to a fine of not more than $250. Each day in which such
violation continues shall constitute a separate offense. This fine shall be
in addition to all other legal and equitable remedies available to the village
under any other ordinance, local law, rule, regulation or statute or other
enactment of the Village of Canton or the State of New York, including those
set forth herein.
The provisions of this chapter shall not be deemed to be a limitation
or restriction on the authority of any department, official or employee of
the village pursuant to any other ordinance, local law, rule, regulation or
statute or other enactment of the Village of Canton or the State of New York.