As used in this chapter, the following terms shall have the meanings
indicated:
BUILDING
Any building, structure or portion thereof used for residential,
business or industrial purposes.
CODE ENFORCEMENT OFFICER
Person appointed by Village government and/or the Mayor to enforce
the provisions of this chapter and any applicable state laws.
UNSAFE BUILDINGS
Includes all buildings that have any or all of the following defects:
A.
Interior or exterior bearing walls or other vertical structural members
that list, lean or buckle to such an extent as to weaken the structural support
they provide.
B.
Thirty-three percent or more damage to or deterioration of the supporting
member or members or 50% damage to or deterioration of the nonsupporting,
enclosing or outside walls or covering.
C.
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 any cause so as to have become dangerous
to life, safety or the general health and welfare of the occupants or the
people of the Village of Waverly.
E.
Those which are so dilapidated, decayed, unsafe and/or unsanitary that
they are unfit for human habitation in accordance with normally accepted standards
set for human habitability.
F.
Light, air and sanitation facilities inadequate to protect the health,
safety or general welfare of human beings who may live therein, with particular
reference to the requirements of the New York State Uniform Fire Prevention
and Building Code as a determinant.
G.
Those having inadequate facilities for exit in case of fire or other
emergency or those having insufficient stairways, elevators or fire escapes,
again referencing the New York State Uniform Fire Prevention and Building
Code as a determinant.
H.
Parts thereof which are so inadequately attached that they may fall
and injure members of the public or property.
I.
Those which consist in the main of debris, rubble or parts of buildings
left on the ground after demolition, reconstruction, fire or other casualty.
J.
Those which, because of their condition, are unsafe, unsanitary or dangerous
to the health, safety or general welfare of the people of the Village of Waverly.
No person, firm, corporation or association owning, possessing or controlling
a building in the Village of Waverly shall permit, suffer or allow said building
now or hereafter to be or become unsafe to the public and/or residents from
any cause whatsoever.
The Village Code Enforcement Officer shall make inspections of all unsafe
buildings within the Village of Waverly and report to the Village Board any
unsafe buildings which be found within the limits of the Village of Waverly.
The Village Board shall consider the reports of the Code Enforcement
Officer and, if in the opinion of the Village Board the report so warrants,
shall determine that the building is unsafe and order its repair or demolition,
if the same cannot be safely repaired, and further order that a notice shall
be given to the owner as follows:
A. The notice shall contain the following:
(1) A description of the premises.
(2) A statement of the particulars in which the building
is unsafe.
(3) An order requiring the building to be repaired or demolished.
(4) That the repairing or demolition of the building shall
commence within 10 days of the serving of the notice, as hereinafter provided,
and shall be completed within 30 days thereafter. The Code Enforcement Officer
may extend the time of compliance specified in the notice where there is evidence
of intent to comply within the time specified and conditions exist that prevent
immediate compliance. In granting any such extension of time, the Code Enforcement
Officer may impose such conditions as he or she may deem appropriate.
(5) A date, time and place for a hearing before the Village
Board in relation to such unsafe building. Such hearing shall be scheduled
not less than five business days from the date of service of the notice.
(6) A statement that, in the event of neglect or refusal
to comply with the order to repair or demolish the building, the Village Board
is authorized to:
(a) Provide for its repair or demolition.
(b) Assess all expenses thereof against:
[1] The land on which it is located;
[2] Any insurance proceeds of the property damaged in an
insured event;
[3] The owner of the property; or
[4] Any combination of the above.
(c) Institute a special proceeding to collect the costs of
demolition, including legal expenses.
In the event of neglect or refusal of the persons so notified to comply
with said order of the Village Board, the Village Board shall provide for
the demolition and removal of such building either by Village employees or
by contract. Except in an emergency, any contract in excess of $20,000 shall
be awarded by competitive bidding.
In addition to the remedies provided by this chapter, the Village Board
may request that the Village Attorney make an application to the Supreme Court
for an order determining the building to be an unsafe building and directing
that it shall be repaired and secured or demolished.