[HISTORY: Adopted by the Board of Trustees of the Village of Pulaski
3-4-1975 by L.L. No. 1-1975 as Ch. 33 of the 1975 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See Ch. 24.
All buildings or structures which have any or all of the following defects
shall be deemed "unsafe buildings":
A.
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.
B.
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.
C.
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.
D.
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 Pulaski.
E.
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.
F.
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.
G.
Those having inadequate facilities for egress in case
of fire or panic or those having insufficient stairways, elevators, fire escapes
or other means of escape.
H.
Those which have parts thereof which are so attached
that they may fall and injure members of the public or property.
I.
Those which because of their condition are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the people
of this Village.
J.
Those buildings existing in violation of any provision of Chapter 160, Zoning, and any other provisions of this Municipal Code.
K.
Any building or structure which remains vacant and unattended
continuously for a period of five years.
The following standards shall be followed in substance by the Building
Inspector and the Board of Trustees in ordering repair, vacation or demolition:
A.
If the unsafe building can reasonably be repaired so
that it will no longer exist in violation of the terms of this law it shall
be ordered repaired.
B.
If the unsafe building is in such condition as to make
it dangerous to the health, morals, safety or general welfare of its occupants
it shall be ordered to be vacated.
C.
In any case where an unsafe building is 50% damaged or
decayed, or deteriorated from its original value or structure, it shall be
demolished, and in all cases where a building cannot be repaired so that it
will no longer exist in violation of the terms of this law it shall be demolished.
In all cases where an unsafe building is a fire hazard existing or erected
in violation of the terms of this chapter or any other provisions of this
Municipal Code or statute of the State of New York, it shall be demolished.
All unsafe buildings within the terms of § 31-1 of this chapter are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The Building Inspector shall:
A.
Inspect any building, wall or structure about which complaints
are filed by any person to the effect that a building, wall or structure is
or may be existing in violation of this chapter.
B.
Inspect any building, wall or structure reported (as
hereinafter provided for) by the Fire or Police Departments of this Village
as probably existing in violation of the terms of this chapter.
C.
Notify personally or in writing the owner or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or someone of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor of the Town of Richland or in the office of the County Clerk, of any building found by him to be an unsafe building within the standards set forth in § 31-1 of this chapter.[1]
(1)
The owner must vacate, or repair, or demolish said building
in accordance with the terms of the notice and this chapter.
(2)
The occupant or lessee must vacate said building or may
have it repaired in accordance with the notice and remain in possession.
(3)
Any mortgagee, agent or other persons having an interest
in said building may at his own risk repair, vacate or demolish said building
or have such work or act done; provided that any person notified under this
subsection to repair, vacate, or demolish any building shall be given such
reasonable time, not exceeding 30 days, as may be necessary to do, or have
done, the work or act required by the notice provided for herein.
D.
Set forth in the notice provided for in Subsection C hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which make the building or structure an unsafe building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 30 days, as is reasonable.
F.
Appear at all hearings conducted by the Board of Trustees,
and testify as to the condition of unsafe buildings.
G.
Place a notice on all unsafe buildings reading as follows: "This building has been found to be an unsafe building by this Building Inspector. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or someone of the owner's executors, legal representatives, agents, lessees or other person having vested or contingent interest in the same, as shown by the records of the Assessor of the Town of Richland or in the office of the County Clerk, of any building found by me to be an unsafe building within the standards set forth in § 31-1 of this chapter. It is unlawful to remove this notice until such notice is complied with."[2]
The Board of Trustees shall:
A.
Upon receipt of a report of the Building Inspector as provided for in Subsection E of § 31-4 hereof, give written notice to the owner, or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or someone of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor of the Town of Richland or in the office of the County Clerk, of any building found by him to be an unsafe building within the standards set forth in § 31-1 of this chapter, to appear before them on the date specified in the notice to show cause why the building or structure reported to be an unsafe building should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in Subsection D of § 31-4.[1]
B.
Hold a hearing and hear such testimony as the Building
Inspector or the owner, or someone of the owner's executors, legal representatives,
agents, lessees or any other person having a vested or contingent interest
in the property as shown by the records of the Assessor of the Town of Richland
or in the office of the County Clerk shall offer relative to the unsafe building.[2]
D.
Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner, or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property as shown by the records of the Assessor of the Town of Richland or in the office of the County Clerk, to repair, vacate or demolish any building found to be an unsafe building within the terms of this chapter and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said unsafe building; or any person not the owner of said unsafe building but having an interest in said building may demolish said unsafe building at his own risk to prevent the acquiring of a lien against the land upon which the said unsafe building stands by the Village as provided in Subsection E hereof.[3]
E.
If such person fails to comply with the order provided for in Subsection D hereof, within 10 days, the Board of Trustees shall cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards hereinbefore provided for in § 31-2 of this chapter and shall with the assistance of the Village Attorney cause the costs of such repair, vacation, or demolition to be charged against the land on which the building existed as a municipal lien, or cause such costs to be added to the tax rolls as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner; provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety, or general welfare of the people of this Village, the Building Inspector shall notify the Village Attorney to take legal action to force the owner to make all necessary repairs or demolish the building.
A.
Violation of any of the provisions of this chapter is
hereby declared to be a violation pursuant to the Penal Law.
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an unsafe building as defined herein is immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the Board of Trustees and the Board of Trustees shall cause the immediate repair, vacation or demolition of such unsafe building. The costs of such emergency repair, vacation or demolition of such unsafe building shall be collected in the same manner as provided in Subsection E of § 31-5.
In cases, except emergency cases, where the owner, occupant or lessee is absent from the Village, all notices or orders provided for herein shall be sent by registered mail to the party in interest as described in Subsection C of § 31-4 to the last known address of such party in interest, and a copy of such notice shall be posted in a conspicuous place on the unsafe building to which it relates. Such mailing and posting shall be deemed adequate service.
No officer, agent or employee of the Village of Pulaski shall render
himself personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his duties
under this chapter. Any suit brought against any officer, agent or employee
of the Village of Pulaski as a result of any act required or permitted in
the discharge of his duties under this chapter shall be defended by the Village
Attorney until the final determination of the proceeding therein.
Any volunteer fireman of the Village Fire Department may make a report
in writing to the Building Inspector of any building or structures which are,
may be, or are suspected to be unsafe buildings within the terms of this chapter.
All employees of the Police Department, or any other law enforcement
official shall make a report in writing to the Building Inspector of any buildings
or structures which are or may be deemed to be unsafe buildings within the
terms of this chapter. Such reports must be delivered to the Building Inspector
within 24 hours of the discovery of such building.
