Dangerous/unsafe buildings pose a threat to life, health and property
in the Village of Greene. Buildings and structures may become unsafe by reason
of damage of fire, the elements, age or general deterioration. Vacant buildings
not properly secured at doorways, windows and other openings also serve as
an invitation to trespass and possible injury to children and other trespassers.
A dilapidated building may also serve as a place of rodent infestation, thereby
creating a health menace to the community. It is the purpose of this chapter
to provide for the health, safety, protection and general welfare of persons
and property in the Village of Greene by requiring that unsafe buildings be
repaired or demolished and removed.
This chapter shall be known as the "Dangerous/Unsafe Buildings Law of
the Village of Greene."
As used in this chapter, the following terms shall have the meanings
indicated, unless the context otherwise requires:
BUILDING
Any structure or portion thereof located in residential, commercial,
business or industrial areas of the Village of Greene.
BUILDING INSPECTOR
The Code Enforcement Officer of the Village of Greene or such other
person appointed by the Village Board to enforce the provisions of this chapter.
Dangerous/unsafe buildings shall mean any building or structure which
has any or all of the following conditions:
A. Those where any interior wall or walls or other structural
load-bearing members list, lean or buckle to such an extent that a plumb line,
passing from any overhead supporting member through the center of gravity,
falls outside the middle third of its base.
B. Those which have improperly distributed loads upon the
floors or roofs, or in which the floors or roofs are overloaded or which have
insufficient strength to be reasonably safe for the purpose used and which
do not meet the minimum standards prescribed by the New York State Uniform
Fire Prevention and Building Code.
C. Those having inadequate or insufficient facilities for
ingress or egress in the event of fire, panic or other emergency, or those
having insufficient stairways, elevators, fire escapes, aisles, passageways,
corridors or other means of access and which do not meet minimum standards
prescribed by the New York State Uniform Fire Prevention and Building Code.
D. Those which have parts thereof which are so attached
or connected in such a manner that they may fall, collapse or cause damage
and injury to the occupant thereof or other persons or property.
E. Those which, in whole or in part, are used for residential,
mercantile, industrial, storage, assembly, institutional or any other purpose,
which for want of repair, lack of sufficient fire escapes or exits or by reason
of age, fire or dilapidated condition or from any other cause may now be or
shall at any time hereafter become unsafe or dangerous structurally or a fire
hazard or a nuisance to the general public.
F. A vacant building, unguarded or open at a door or window.
G. Those which have been damaged by fire, wind, act of vandalism
or other causes so as to have become dangerous to life, safety or the general
health and welfare of the occupants or the people of the Village of Greene.
H. Those which have become or are so dilapidated, decayed,
unsafe or unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation, as are likely to
cause sickness or disease so as to work injury to the health, safety or general
welfare of those living therein.
I. Those having sanitation facilities which are inadequate
to protect the health, safety or general welfare of human beings who live
or may live therein.
J. Those buildings or structures in which there exist violations
of any provision of any code, ordinance or law of the Village of Greene or
any governmental agency having jurisdiction so as to have become dangerous
to life, safety or the general health and welfare of the occupants or the
people of the Village of Greene.
K. Those which, in whole or in part, have an existing electrical
wiring system which is defective or which fails to meet ventilation requirements
as prescribed by applicable provisions of law or which have plumbing, sewage
or drainage facilities that are not in conformity with applicable building
and plumbing codes or which is overcrowded.
All dangerous buildings within the terms of §
51-4 of this chapter are hereby declared to be public nuisances and shall be vacated and/or repaired, secured, demolished and removed as hereinafter provided.
When in his or her own opinion or upon receipt of information that a
building is or may become dangerous or unsafe to the general public, is open
at the doorways, windows or other openings making it accessible to children
or other trespassers, is or may become a place of rodent infestation, presents
any other danger to the health, safety and general welfare of the public or
is unfit for the purposes for which it may lawfully be used, the Building
Inspector shall cause to be made or shall make an inspection thereof and shall
report, in writing, to the Village Board his or her findings and recommendations
in regard to the repair or demolition and removal of such building.
The Village Board shall thereafter consider such report and by resolution
determine, if in its opinion the report so warrants, that such building is
unsafe and dangerous and order its repair if the same can be safely repaired,
or its demolition and removal, and shall further order that a notice, in writing,
be served upon the persons and in the manner provided herein.
The notice to be served in accordance with §
51-7 above shall contain the following information:
A. A description of the premises.
B. A statement particularizing the manner in which the building
is unsafe or dangerous.
C. An order outlining the manner in which the building is
to be made safe and secure or demolished and removed.
D. A statement that the securing or removal of such building
shall commence within 15 days of the service of the notice and shall be completed
within 30 days thereafter, unless for good cause shown such time shall be
extended by resolution of the Village Board.
E. A date, time and place for a hearing before the Village
Board in relation to such dangerous or unsafe building, which hearing shall
be scheduled not fewer than five business days from the date of service of
the notice.
F. A statement that, in the event of neglect or refusal
to comply with the order to secure or demolish and remove the building, the
Village Board is authorized to provide for its demolition and removal, to
assess all expenses thereof against the land upon which it is located and
to institute a special proceeding to collect the costs of demolition and removal,
including legal expenses, from the owner of the building.
Said notice shall be served by:
A. Personal service of a copy thereof upon the owner, executor,
administrator, agent, lessee or any person having a vested or contingent interest
in such unsafe building as shown by the records of the Receiver of Taxes or
Assessor or of the Chenango County Clerk or, if no such person can be reasonably
found;
B. By delivering the notice to a person of suitable age
and discretion at the actual place of business, dwelling place or usual place
of abode of the person to be served and by either mailing the notice to the
person to be served at his or her last known residence or by mailing the notice
to his or her actual place of business; or
C. By delivering to the agent for service of the person
to be served; or
D. If service under Subsections
A,
B or
C cannot be made, by affixing the notice to the face of the unsafe building and by either mailing to the person to be served by first class mail at his or her last known residence or to his or her actual place of of business; or
E. By publishing a copy of said notice once in the official
newspaper of the Village at least five business days prior to the hearing.
A copy of the notice served as provided herein shall be filed in the
office of the Clerk of the County of Chenango as a one-year notice of pendancy.
At the hearing conducted pursuant to the notice served, the Building Inspector and the owner or any other person having a vested or contingent interest in the building shall have an opportunity to be heard and to present evidence. Following the hearing, the Village Board shall make a finding confirming, modifying or rescinding its order for the repair or demolition and removal of the building. Any person appearing at the hearing in opposition to the Village Board order made pursuant to §
51-7 above shall provide the Village Board, in writing, with a mailing address. In the event that the Village Board makes a resolution confirming or modifying the order made pursuant to §
51-7, a copy of said resolution shall immediately be forwarded by ordinary mail to such person or persons at the address or addresses so provided.
In the event of the refusal or neglect of any person notified to comply with the order of the Village Board, as confirmed or modified after the hearing, the Village Board shall provide for the demolition and removal of the building either by Village employees or by contract. Except in an emergency as provided in §
51-14 hereof, any contract for demolition and removal in excess of $10,000 shall be awarded through competitive bidding pursuant to the provisions of the General Municipal Law.
The owner of the building shall be liable to the Village for all expenses
incurred by the Village in connection with the proceedings to repair and secure
or demolish and remove the unsafe building, including but not limited to legal
expense and the costs of actually demolishing and removing such building.
To the extent not collected from said owner, such expenses shall be assessed
against the land upon which such building is located and shall be levied and
collected in the same manner as provided in the Village Law.
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 and removed, the Village Board may, by resolution, authorize to immediately cause the repair and securing or demolition and removal of such unsafe building. The expenses of such repair and demolition shall be a charge against the land upon which it is located and shall be assessed, levied and collected as provided in §
51-13.
It shall be unlawful for any person, whether or not interested in the
property affected by this chapter, to interfere with or hinder the Building
Inspector or Village representative or any person acting in their behalf in
performing the duties as set forth in this chapter.
Any person who shall violate any of the provisions of this chapter shall
be punished by a maximum fine of $250 or a term of imprisonment not to exceed
15 days in jail, or both.