[HISTORY: Adopted by the Board of Trustees
of the Village of Tivoli 2-19-2003 by L.L. No. 1-2003.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 102, Unsafe Buildings, adopted 5-11-1998 by L.L. No. 1-1998.
A.
Any structure or premises which is deemed unsafe,
unfit for human habitation or unlawful pursuant to the New York State
Uniform Fire Prevention and Building Code and/or Codes of New York
State is hereby declared illegal and shall be abated by repair and
rehabilitation or by demolition, in accordance with the procedures
of this chapter.
B.
Applicability. As used in this chapter, "structure"
shall be defined as in the New York State Uniform Fire Prevention
and Building Code and Codes of New York State and shall include the
exterior and interior of all residential and nonresidential structures
and buildings, including both vacant and occupied structures. As used
in this chapter, "premises" shall be defined as in the New York State
Uniform Fire Prevention and Building Code and Codes of New York State
and shall include all exterior residential and nonresidential property
and vacant land.
A.
The Code Enforcement Official shall be authorized
to make or cause to be made inspections to determine the condition
of structures and premises in order to safeguard the health, safety
and welfare of the public and to determine if the structure or premises
is unsafe, unfit or unlawful. The Code Enforcement Official, or his/her
designated representatives, shall be authorized to enter any structure
or premises at any reasonable time during business hours or at such
other times as may be necessary in an emergency for the purpose of
performing his/her duties under this chapter. Inspections herein authorized
shall be limited to the purposes of this chapter.
B.
Prior to performing any inspection of private property
pursuant to this chapter, the Code Enforcement Official shall obtain
permission for such inspection from the property owner or his/her
authorized agent or representative. In the event that such owner or
agent neglects or refuses to allow inspection, either upon the initial
scheduled inspection or the scheduled reinspection, the Inspector
shall request that the Village Attorney make application to a court
of competent jurisdiction for a search warrant. Such application is
to be made on notice to the property owner, and the tenants of the
structure. In cases of public emergency, the notice requirement may
be dispensed with and the application may be made ex parte.
A.
Notice of violations. Whenever the Code Enforcement Official shall find any structure or premises, or portion thereof, to be unsafe, unfit for human habitation or unlawful, as defined in this chapter, he/she shall give to the owner written notice stating the basis for deeming the structure or premises unsafe, unfit or unlawful. This notice shall require the owner to complete specified repairs or improvements or to demolish and remove the structure or portion thereof within a date not more than 30 days from the date of the notice, as determined by the Code Enforcement Official. Such notice shall inform the owner of the right to apply for a hearing as provided in § 102-4 of this chapter. The notice shall further state that if the owner fails to perform the specified repairs, improvements or demolition, the Village Board may authorize the Code Enforcement Official to cause such repairs, improvements or demolition and that the costs incurred shall be paid out of the municipal treasury on certificate of the Code Enforcement Official and that the costs shall be charged against the land on which the structure exists as a lien, or shall be added to the tax roll as an assessment against the property or shall be recovered in a suit at law against the owner.
B.
Such notice shall be deemed to be properly served
upon such owner if a copy is posted in a conspicuous place in or about
the structure or premises affected by such notice and:
A.
A person affected by any notice of violation issued pursuant to § 102-3 of this chapter may request, and shall be granted, a hearing before a hearing officer to be appointed by the Mayor, provided that such person files, within five days of the service of the notice of violation, a written request for such hearing in the office of the Village Clerk. The request shall set forth a brief statement of the grounds for the hearing, designating the person and his/her address upon whom orders may be served, and setting forth the reasons why such notice of violation should be modified or withdrawn.
B.
Upon receipt of a request for a hearing, the Mayor
shall set a time and place for such hearing and shall give the applicant
at least five days' written notice thereof Such hearing shall commence
within 10 days after the date on which the request was filed; however,
hearings may be postponed beyond such ten-day period for good and
sufficient reason. At such hearing, the applicant, or his/her representative,
shall be given an opportunity to show cause why such notice of violation
should be modified or withdrawn. The applicant shall be entitled to
be represented by legal counsel of his/her choosing at such hearing
and to cross-examine all witnesses against him/her.
C.
After a hearing and on consideration of the evidence
presented, the hearing officer shall sustain, modify or withdraw the
notice. If the notice of violation is sustained or modified, such
decision shall be deemed a final order.
D.
The hearing officer shall keep a written summary of
testimony and a copy of every notice or order, records of appearances,
findings of fact and final determination, and such record shall be
maintained as a public record.
E.
A person or party aggrieved by any order of the hearing
officer may seek to have such order reviewed by the Supreme Court
in the manner prescribed by Article 78 of the Civil Practice Law and
Rules of the State of New York.
A.
Order to vacate. Whenever the Code Enforcement Official determines that a structure or premises poses an imminent danger as defined in the Codes of the State of New York, he/she shall include such finding within the notice of violation provided for in § 102-3 and shall require the structure or premises or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed and inspected and approved by the Code Enforcement Official. The owner shall also be ordered to make safe and secure the vacated structure or premises in whatever manner the Code Enforcement Official shall deem necessary.
B.
The Code Enforcement Official shall cause to be posted
at each entrance to such structure or in a conspicuous place on the
premises a notice: "THIS STRUCTURE/PREMISES IS UNSAFE/UNFIT AND ITS
OCCUPANCY HAS BEEN PROHIBITED BY THE CODE ENFORCEMENT OFFICIAL. VIOLATORS
WILL BE PROSECUTED." Such notice shall remain posted until the required
repairs are made or demolition is completed. It shall be unlawful
for any person, firm or corporation or their agents or other servants
to remove such notice without written permission of the Code Enforcement
Official or for any person to enter the structure except for the purpose
of making the required repairs or of demolishing the same.
C.
Any structure or premises ordered vacated shall be
vacated within such time as the Code Enforcement Official may specify
in his/her order. In the event that the owner fails to vacate the
premises within such time, the Code Enforcement Official shall refer
the noncompliance to the Village Board, which may authorize the Village
Attorney to institute an appropriate action to cause such structure
or premises to be vacated.
A.
Any person, firm or corporation who violates any provision
of this chapter shall be deemed guilty of an offense and, upon conviction
thereof, shall be subject to penalties of not more than $250 for each
day or part thereof during which such violation continues.
B.
Alternatively, civil penalties of not more than $250
for each day or part thereof during which such violation continues
shall be recoverable against such person, firm or corporation. The
civil penalties shall be recoverable in an action instituted at the
direction of and in the name of the Village Board of the Village of
Tivoli.
C.
Proceedings to compel compliance. In the event such
owner shall fail, neglect or refuse to comply with notice to repair,
rehabilitate or to demolish and remove said structure or premises
or portion thereof, the Village Board shall be advised of all the
facts in the case and may authorize the Village Attorney to institute
an appropriate action in the courts to compel compliance or to prevent,
restrain, enjoin, correct or abate any violation or to enforce any
provision of this chapter.
D.
Alternatively, or in addition to an action to compel
compliance, the Village Board may authorize the Code Enforcement Official
to cause the repairs, improvements or demolition necessary to abate
the unsafe, unfit or unlawful condition to be performed, and the costs
incurred shall be paid out of the municipal treasury. Such costs shall
be charged against the land on which the building exists as a municipal
lien, or shall be added to the tax roll as an assessment or shall
be levied as a special tax against the land upon which the structure
stands or stood or shall be recovered in a suit at law against the
owner.
A.
In cases of emergency which, in the opinion of the
Code Enforcement Official, require immediate action to abate a direct
hazard or imminent danger, including but not limited to collapse or
failure of a structure which endangers life, the actual or potential
danger to the occupants of the structure or those in proximity to
any structure, or a condition on the premises which endangers life,
he/she may take such action as is necessary to remove or abate such
direct hazard or immediate danger, without prior notice to the property
owner or agent, with the approval of the Mayor. In such case of an
emergency, the Code Enforcement Official may at once enter such structure
or premises or abutting land or structure, with such assistance and
at such cost as may be necessary, as approved by the Mayor. In addition
to vacating the structure and premises, he/she may vacate adjacent
structures and protect the public by appropriate barricades or such
other means as may be necessary and for this purpose may close a public
or private way. The Code Enforcement Official may cause the condition
creating such emergency to be abated in any manner he/she deems appropriate
and necessary, including causing demolition of the structure or portion
thereof, with the approval of the Mayor.
B.
A request for a hearing made pursuant to § 102-4 of this chapter shall not affect the power of the Code Enforcement Official under this section.
C.
Costs incurred under this section shall be paid out
of the municipal treasury. Such costs shall be charged against the
land on which the structure sits or as a municipal lien, or shall
be added to the tax roll as an assessment against the land or shall
be recovered in a suit at law against the owner.
A.
The requirements established by this chapter shall
be administered and enforced by the Code Enforcement Official of the
Village of Tivoli, the Village Attorney and such other employees and/or
officials authorized by the Village Board.
B.
Pursuant to the provisions of Municipal Home Rule Law § 10(4)(a) and Criminal Procedure Law § 150.10, the Code Enforcement Official of the Village of Tivoli, who is a civilian employee and public servant of the Village, is hereby authorized to issue and serve appearance tickets, as defined in Criminal Procedure Law, returnable in Village Court of the Village of Tivoli, when he or she has reasonable cause to believe a person has violated, in his or her presence, Chapter 102 of the Code of the Village of Tivoli entitled "Unsafe, Unfit and Unlawful Structures and Premises Law of the Village of Tivoli," and to prosecute the violation in Village Court.
If any provisions of this chapter are held to
be unconstitutional or otherwise invalid by any court of competent
jurisdiction, the remaining provisions of the chapter shall not be
invalidated.
