All buildings or structures which have any or all of the following
defects shall be deemed an unsafe and/or dangerous building:
A. Those whose exterior 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 have improperly distributed loads upon the floors or
roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
C. Those which have been damaged by fire, wind or other causes so as
to have become dangerous to life, safety, morals or the general health
and welfare of the occupants or the people of the Village.
D. Those which have become or are so dilapidated, decayed, unsafe, unsanitary
or which so utterly fail to provide the amenities essential to decent
living that they are unfit for human habitation or are likely to cause
sickness or disease, so as to work injury to the health, morals, safety
or general welfare of those living therein.
E. Those having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human
beings who live or may live therein.
F. Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
G. Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
H. Those which, because of their condition, are unsafe, unsanitary or
dangerous to the health, morals, safety or general welfare of the
people of the Village.
I. Those buildings existing in violation of any provision of Chapter
123, Building Construction and Fire Prevention, or any other provisions of the Code of the Village of Hamburg or the State of New York.
The notice shall contain the following:
A. A description of the premises sufficient to identify same and the
particular building or structure covered by the report.
B. A statement of the particulars in which the building or structure
is found to be unsafe or dangerous.
C. An order requiring the building to be made safe and secure or to
be demolished.
D. An order requiring that the necessary repairs or improvements to
make the building or structure safe and secure, or the demolition
of the building or structure, shall commence within 20 days of the
service of the notice and shall be completed within 60 days thereafter
unless, for good cause shown, the Board of Trustees shall specify
a period of time other than 60 days for such completion.
E. A date, time and place for a hearing before the Board of Trustees
in relation to such dangerous or unsafe building or structure, which
hearing shall be scheduled not less than five business days from the
date of the service of the notice.
F. A notification that, in the event of the neglect or refusal to comply
with said order to secure or demolish and remove the building or structure
within the time specified for such compliance, the Board of Trustees
is authorized to provide for securing of the building or structure
or its demolition and removal and to assess against the property all
costs and expenses incurred by the Village of Hamburg in connection
with procedures to repair and make secure, or to demolish and remove,
including the cost of actually demolishing and actually removing said
building or structure, and any other costs or expenses incurred by
the Village of Hamburg in connection with any proceedings conducted
under the authority of this chapter. This may be accomplished by:
(1) The institution of a special proceeding to collect the costs; or
(2) Assessing said costs against the land and/or improvements being taxed
on the particular tax parcel on which the building or structure is
located.
G. That, in addition to any other remedies, the owner could be liable
for a fine of $250 for each week that the owner remains in violation
of this chapter.
In the event of the refusal or failure of the person(s) or entity(ies)
so notified to comply with said order of the Village Board after the
hearing, if any, the Village Board shall provide for the securing
or the demolition and removal of such building or structure either
by Village employees or by contract. Except in emergency cases, as
certified by the Village Board, any contract for the securing or demolition
and removal of a building or structure shall be awarded through competitive
bidding if required by state law.
A copy of said notice shall be filed in the office of the Erie
County Clerk and indexed in the same manner as a notice of pendency.
If the Superintendent of Public Works and the Code Enforcement
Officer shall determine that the structure is in such condition that
there is an actual immediate danger of its falling or collapsing so
as to endanger life and property, the Code Enforcement Officer may
forthwith cause the necessary work to be done, including demolition,
to render said building or structure temporarily safe, whether or
not the procedure prescribed in this chapter has been instituted or
not. Under such circumstances, the Superintendent of Public Works
or Code Enforcement Officer may require all occupants or tenants of
the structure or building to vacate same forthwith, and, when necessary
for the public safety, the Superintendent of Public Works or Building
Inspector may temporarily close and barricade sidewalks, streets,
adjoining buildings or structures and prohibit the same from being
used until the dangerous condition has been removed. The costs of
such action shall be recovered as provided in this chapter.
Any person or persons who shall violate any provisions of this
chapter or commit unauthorized removal of notices or interference
with officials shall be guilty of an offense punishable by a fine
not exceeding $250 or imprisonment for a period not exceeding 15 days,
or both. Each week the violation continues shall constitute a separate
offense.