[HISTORY: Adopted by the Board of Trustees
of the Village of Newark Valley 10-3-1994 by L.L. No. 1-1994.
Amendments noted where applicable.]
Unsafe buildings pose a threat to life and property
in the Village of Newark Valley. 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 attractive nuisances for young children who may be injured
therein, as well as points of congregation for vagrants and transients.
A dilapidated building may also serve as a place for rodent infestation,
thereby creating a health menace to the community. 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 Newark Valley by
requiring such unsafe buildings to be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings
Law of the Village of Newark Valley."
As used in this chapter, the following terms
shall have the meanings indicated:
A structure wholly or partly enclosed within exterior walls
or within exterior or party walls and a roof, affording shelter to
persons, animals or property.
The Code Enforcement Officer of the Village of Newark Valley
or such other person appointed by the Board of Trustees to enforce
the provisions of this chapter.
A building or structure which is structurally unsound, unsanitary
or not provided with adequate ingress or egress or which constitutes
a fire hazard or which has become unsafe by reason of damage by fire,
the elements, age or general deterioration or which, in relation to
an existing use, constitutes a hazard to public health, safety or
welfare by reason of inadequate maintenance, dilapidation, obsolescence
or abandonment or which is otherwise dangerous to human life.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
When in his 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 and windows, making it accessible
to and an object of attraction to people under 18 years of age, as
well as to vagrants and other trespassers, is or may become a place
of rodent infestation, presents any other danger to the health, safety,
morals and general welfare of the public or is unfit for the purposes
for which it may lawfully be used, the Code Enforcement Officer shall
cause or make an inspection thereof and report, in writing, to the
Board of Trustees his findings and recommendations in regard to its
repair or demolition and removal.
The Board of Trustees 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 further order that a notice be served upon the persons
and in the manner provided herein.
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars 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 30 days of the service of the notice and shall
be completed within 60 days thereafter, unless, for good cause shown,
such time shall be extended.
E.
A date, time and place for a hearing before the Board
of Trustees in relation to such dangerous or unsafe building, which
hearing shall be scheduled not less 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 Board of Trustees is authorized to provide for its demolition
and removal, to assess all expenses thereof against the land on which
it is located and to institute a special proceeding to collect the
costs of demolition, including legal expenses.
Said notice shall be served:
A.
By 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 Tax Collector) or of the County Clerk
or, if no such person can be reasonably found, by mailing to such
owner by certified mail a copy of such notice directed to his last
known address, as shown by the above records;
B.
By personal service of a copy of such notice upon
any adult person residing in or occupying said premises if such person
can be reasonably found; and
C.
By securely affixing a copy of such notice upon the
unsafe building.
A copy of the notice served as provided herein
shall be filed in the office of the County Clerk of the County of
Tioga.
In the event of the neglect or refusal of the
person so served with said notice to comply with the same, a survey
of the premises shall be made by an inspector or architect to be named
by the Board of Trustees of said Village and a particular builder,
engineer or architect appointed by the person notified as above. In
the event of the refusal or neglect of the person so notified to appoint
such surveyor, the two surveyors named shall make the survey and report.
The notice shall further provide that in the event that the building
or other structure is reported dangerous or unsafe under such survey,
an application shall be made at a special term of the Supreme Court,
Tioga County, for an order determining the building or other structure
to be a public nuisance and directing that it shall be repaired and
secured or taken down and removed. Surveyors appointed by the Board
of Trustees shall be compensated by the Village.
In the event of the refusal or neglect of the person so notified to comply with said order of the Board of Trustees and after the hearing, the Board of Trustees shall provide for the demolition and removal of such building or structure either by Village employees or by contract. Except in an emergency, as provided in § 66-12 hereof, any contract for demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding.
[Amended 9-11-2007 by L.L. No. 2-2007; 5-22-2012 by L.L. No.
4-2012]
A.
All expenses incurred by the Village in connection with the proceedings
to repair and secure or demolish and remove the unsafe building, including
the cost of actually removing such building, shall be assessed against
the land on which such building is located and shall be levied and
collected in the same manner as provided in Article 22 of the Village
Law for the levy and collection of a special ad valorem levy.
B.
The Board of Trustees shall have the power to commence and maintain
an action for such costs in the violation of the Newark Valley Code,
pursuant to Article 13 of the Public Health Law, irrespective as to
whether or not such violation of the Public Health Law of the State
of New York or any code rule or regulation promulgated thereunder.
C.
The property owner shall be responsible for the costs and fees incurred
by the Village investigation and enforcement of this chapter, and/or
the pertinent provisions of any law or regulation, such as the fees
and costs of inspections, including but not limited to fees and costs
for notices required of the Village by law or regulation. The bill
for such fees shall be sent to the person or other entity for such
amounts. The bill shall be paid within 60 days.
D.
A final or aggregate bill for work performed under this chapter shall
be rendered to the property owner or person on or before September
1 of each year covering the amount of such work or services performed
for the entire year preceding September 1.
E.
Any such bill which remains unpaid for a period of 60 days after
September 1 shall become a lien upon and be assessed against the real
property upon which the work was performed and shall be added to the
next annual tax levy as prescribed by Article 22 of the Village Law
of the State of New York.
F.
The filing of a lien shall not prevent the imposition of penalties
under this chapter, or any other penal provision of this Code or any
other law or regulation that may apply.
G.
The filing of a lien shall not prevent the Village from commencing
any other civil action that it may have.
A.
Whenever the Code Enforcement Officer finds a building
or structure or part thereof to be an imminent danger to the life
and safety of the public, the Code Enforcement Officer may cause it
to be demolished and removed or may cause work to be done in and about
the building or structure as may be necessary to remove the danger.
B.
The Code Enforcement Officer may require the occupants
of any such building or structure or part thereof to vacate the premises
forthwith. No person shall use or occupy such building or structure
or part thereof until it is made safe.
C.
Except for the owner, no person shall enter premises
which have been ordered vacated unless authorized to perform inspections
or repairs or to demolish and remove such building or structure or
part thereof.
D.
All costs and expenses incurred by the Village of
Newark Valley in connection with any work done to remove the danger
or in connection with the demolition and removal of any such building
or structure shall be assessed against the land on which such building
or structure is located, and a bill for such expenses shall be presented
to the owner of the property, or if the owner cannot be ascertained,
then such bill shall be posted in a conspicuous place on the premises.
Such assessment shall be and constitute a lien upon such land. If
the owner shall fail to pay for such expenses within 10 days after
the bill is presented or posted, a legal action may be brought to
collect such assessment or to foreclose such lien. As an alternative
to the maintenance of any such action, the Code Enforcement Officer
may file a certificate of the actual expenses incurred as aforesaid,
together with a statement identifying the property in connection with
which the expenses were incurred and the owner thereof, with the Assessor,
who shall, in the preparation of the next assessment roll, assess
such amount upon such property. Such amount shall be included in the
levy against such property, shall constitute a lien and shall be collected
and enforced in the same manner, by the same proceedings, at the same
time and under the same penalties as is provided by law for the collection
and enforcement of real property taxes in the Village of Newark Valley.
[Added 2-24-2003 by L.L. No. 3-2003]
A.
The Code Enforcement Officer, having reasonable cause
to believe that a violation of this chapter has been committed, shall
issue an appearance ticket for such violation.
B.
Any person/property owner violating any provisions
of this chapter shall be guilty of a violation and, upon conviction
thereof, shall be punishable by a minimum fine of $100 and not to
exceed $250 for each offense, for a maximum of three offenses. Upon
conviction, the person/property owner in violation has 60 days to
completely comply with this chapter.
[Amended 4-11-2006 by L.L. No. 1-2006]
C.
Upon the fourth conviction, the Village of Newark
Valley has the right to correct the issue that has been cited. The
expense of such correction shall be charged to the person/property
owner and may be placed as a lien against the property that has been
cited.
[Added 5-22-2012 by L.L. No. 4-2012]
A.
To enforce this chapter, the Village may be required by law or regulation
to notify and/or post notices, including, but not limited to, notice
requirements of Sections 107, 111, and 311 of the New York State Uniform
Fire Prevention and Building Code, 19 NYCRR Part 1219.1, which requires
the Village to post or otherwise notice the property owner and/or
the public. Fees for the costs of such notices shall be the responsibility
of the property owner.
B.
A fee schedule shall be established by resolution of the Village
Board of this Village. Such fee schedule may thereafter be amended
from time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for notices, delivery of notices, property
inspections and other actions of the Code Enforcement Officer described
in or contemplated by this chapter.
