This chapter shall be known as the "Unsafe Building Law of the
Village of Liberty, New York."
The Village Board finds that unsafe buildings and structures
pose a threat to life and property in the Village of Liberty. Buildings
and structures may become unsafe by reason of damage by fire, the
elements, age or general deterioration. Vacant buildings not properly
secured at doorways and windows also serve as an attractive nuisance
for young children who may be injured therein as well as a point of
congregation by vagrants and transients; and dilapidated buildings
may also serve as a place of rodent infestation, thereby creating
a health menace to the community. Debris, rubble or parts of buildings
left on the ground and not removed constitute a dangerous, unhealthy
and unsightly condition. It is the purpose of this chapter to provide
for the safety, health, protection and general welfare of persons
and property in the Village of Liberty by requiring such unsafe buildings
to be repaired or demolished and removed.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any house, basement, cellar, wall, cottage, lot, shed, garage,
well, fence, storage tank, underground container, pole, smokestack,
excavation, building, structure or portion thereof used for residential,
business, industrial, recreational or other purpose.
BUILDING INSPECTOR
The Code Enforcement Officer of the Village of Liberty or
such other person appointed by the Village Board to enforce the provisions
of this chapter.
OWNER
The owners of record of the premises in fee or lesser estate
therein, receiver, executor, administrator, trustee or any other person,
firm, partnership or corporation in control of a building, or the
duly authorized agent of any of the aforementioned.
PORTION OF BUILDING OR STRUCTURE
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.
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 Liberty
in any of the following ways:
A.
By reason of being detrimental to the general health of the
community.
B.
By reason of being a fire hazard.
C.
By reason of being unsafe for occupancy or use on, in, upon,
about or around the above-said premises.
D.
By reason of continued vacancy thereby resulting in lack of
reasonable or adequate maintenance of structures and grounds and causing
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.
UNSAFE AND UNSECURE BUILDING OR STRUCTURE
Any building or structure or portion thereof which:
A.
Has any of the following defects:
(1)
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.
(2)
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.
(3)
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.
(4)
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 of
Liberty.
(5)
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 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.
(6)
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.
(7)
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.
(8)
Those which have parts thereof which are so attached that they
may fall and injure members of the public or property.
(9)
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 of Liberty.
(10)
Those buildings existing in violation of any provision of the
Building Code or any provision of the Fire Prevention Code or other ordinance or local law of the Village of Liberty
or the State of New York.
B.
Because of its structural condition, is or may become dangerous
or unsafe to the public.
C.
Is open at the doorways or windows or walls, making it accessible
to and an object of attraction to minors under 18 years of age, as
well as to vagrants and other trespassers.
D.
Is or may become a place of rodent infestation.
E.
Consists of debris, rubble or parts of buildings left on the
ground after demolition, reconstruction, fire or other casualty.
F.
Presents any other danger to the health, safety, morals and
general welfare of the public.
It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Village of Liberty to maintain such building or structure or portion of any building or structure in any condition or manner which shall be unsafe as defined in §
77-3 of this local law.
[Added 1-25-2006 by L.L. No. 3-2006]
As an alternative to the remedies provided in §
77-5G and
H and §
77-6F of this chapter, with respect to the ability of the Village of Liberty to include in the next Village tax bill charges incurred by the Village of Liberty in securing a building or structure or abating a nuisance, respectively, the Village of Liberty may instead commence an action in a court of competent jurisdiction to recover all such costs, fees and/or charges which it has incurred in connection with this chapter, plus interest at the rate of 9% per annum, in which action the Village shall be entitled to seek and obtain a monetary judgment therefor, together with all costs, disbursements and interest permitted by law.
Any person upon whom a notice as provided in this chapter has
been served, who fails, neglects or refuses to place such 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.
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, statute
or other enactment of the Village or State of New York.
The owner or person in charge of a building or structure who
shall fail to comply with any notice or order herein shall, upon conviction
thereof, be fined an amount not to exceed $250 for each offense. Each
day of such failure to comply shall constitute a separate offense.
Each separate provision of this chapter shall be deemed independent
of all other provisions of this chapter herein. If any provision of
this chapter shall be declared invalid by a court of competent jurisdiction,
all other provisions shall remain valid and enforceable.
This chapter shall be effective upon filing with the Secretary
of State.