[HISTORY: Adopted by the Board of Trustees of the Village of Cobleskill 12-17-1984
as L.L. No. 9-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 58.
There are now, or may in the future be, in the Village of Cobleskill,
New York, unsafe buildings which constitute a menace to the safety, health
and general welfare of the inhabitants of the village or constitute a fire
hazard or which are now or may be public nuisances, and this chapter is enacted
in order to protect the safety, health and general welfare of the residents
of the Village of Cobleskill.
It shall be the duty of the Codes Enforcement Officer of the Village
of Cobleskill to carry out the obligations and duties set forth in this chapter.
No person, firm, corporation or association that is the owner of a building
in the Village of Cobleskill shall cause, suffer, allow or permit said building
to become dangerous or unsafe to the public. It shall be the duty and responsibility
of the owner of any building in the Village of Cobleskill to take all steps
necessary to prevent the building from becoming dangerous and unsafe to the
public from any cause whatsoever. If a building does become dangerous, the
owner shall repair or remove said building.
If any building becomes dangerous or unsafe to the public and the owner
fails to remove or repair said building, the Codes Enforcement Officer shall
make a complete inspection of the building and report the condition, in writing,
to the Board of Trustees. Upon receipt of such report, the Board of Trustees
shall serve a notice on the owner ordering the repair or removal of said building.
Said notice shall be served upon the owner of the building or his agent,
either personally or by certified mail, addressed to the last known address
of the owner or the owner's agent as shown by records of the Village
Clerk or the Schoharie County Treasurer. Said notice shall contain a description
of the premises, a statement of the particulars in which the building or structure
is unsafe or dangerous and an order by said Board of Trustees requiring the
building to be made safe and secure or removed. If service of said notice
is made by certified mail, then a copy of the notice shall also be posted
on the premises. The notice shall also contain and set forth a time in which
the person so served shall commence and complete the securing or removal of
the building or structure, which time shall be at least ten (10) days from
date of personal service of the notice or at least fifteen (15) days from
the date of mailing and posting of said notice. The notice shall also state
that in the event of neglect or refusal of the person so served with the notice
to comply with it, a survey of the premises shall be made by an engineer or
architect to be named by the Board of Trustees and an inspector, builder,
engineer or architect appointed by the person notified. In the event of the
refusal or neglect of the person so notified to appoint such inspector, builder,
engineer or architect, the person named by the Board of Trustees shall make
the survey and report. The notice shall further state that in the event that
the building or structure is reported dangerous or unsafe under such survey,
an application shall be made at a Special Term of the Supreme Court, Schoharie
County, for an order declaring the building or structure to be a public nuisance
and directing that it shall be repaired to secured or taken down and removed.
It shall be the duty of such surveyors to report, in writing, to the
Board of Trustees of said village within fifteen (15) days of their appointment
to inspect and survey said premises. No later than five (5) days after filing
their report the village shall cause a signed copy of the report to be posted
on the premises.
All costs and expenses incurred by the Village of Cobleskill, New York,
in connection with any of the proceedings above mentioned, including inspection,
survey, report and court proceedings for removal of such building or structure,
including the cost of actually repairing and removing such building or structure,
shall be assessed against the land on which said buildings or structures are
located and shall be collectible as any other tax or assessment thereon, including
an action at law or tax sale and foreclosure.
Nothing in the chapter shall be construed to in any way limit, prohibit
or prevent the exercise of any emergency power now possessed or hereafter
to be possessed under law by the Mayor or other official of said village for
the prompt removal of nuisances and hazards in case of emergency.
