The purpose of this chapter is to promote and
preserve the health, safety and welfare of the public and residents
and/or owners of property located within this village by providing
a method for the removal or repair of buildings that, from any cause,
may now be or shall hereafter become dangerous or unsafe to the public
and residents and/or owners of property within the village. Unsafe
buildings serve as an attractive nuisance for young children who may
be injured therein; may be a point of congregation by vagrants and
transients; may attract rodent or insects; and may also attract illegal
drug activity. The powers conferred upon the village by this chapter
shall be in addition to all other powers conferred upon the village
in relation to the same subject by state law.
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING
Any building, structure or portion thereof used by residential,
business or industry.
BUILDING INSPECTOR
The Building Inspector and/or Code Enforcement Officer of
the village or such other person appointed by the Board of Trustees
to enforce the provisions of this chapter.
UNSAFE BUILDING
Includes all buildings which have any or all of the following
defects:
A.
Those whose interior walls or exterior bearing
walls or other vertical structural members list, lean or buckle to
such an extent as to weaken the structural support they provide.
B.
Those which, exclusive of the foundation, show
33% or more of damage to or deterioration of the supporting member
or members or 50% of damage to 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 or
the general health and welfare of the occupants or the people of this
village.
E.
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 to those living
therein or adjacent thereto.
F.
Those having light, air and sanitation facilities
which are inadequate to protect the health, safety or general welfare
of human beings who live or 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 egress
in case of fire or panic or those having insufficient stairways, elevators,
fire escapes or other means of communication, again referencing the
New York State Uniform Fire Prevention and Building Code as a determinant.
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 consist 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 this village.
No person, firm, corporation or association
owning, possessing or controlling a building in this village 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 Building Inspector shall make inspections
of all unsafe buildings within the village and report to the Board
of Trustees all unsafe buildings which from time to time may be found
within the limits of the village.
Said notice shall be served in the following
manner:
A. By personal service of a copy thereof upon the owner
or some one of the owners, executors, legal representative, agents,
lessees or any other person having a vested or contingent interest
in the premises as shown by the last preceding completed assessment
roll of the village or of the County Clerk, such service to be complete
and the thirty-day time period recited in said notice to commence
upon service; or
B. By mailing a copy of said notice to such owner as
aforesaid by registered mail, return receipt requested, addressed
to the last known address of the owner and by affixing a copy of said
notice to the premises, such service to be completed and the thirty-day
time period recited in said notice to commence 10 days after the filing
of the return receipt.
C. A copy of the notice shall also be filed in the office
of the County Clerk of the county within which such building is located,
which notice shall be filed by such Clerk in the same manner as a
notice of pendency pursuant to Article 65 of the Civil Practice Law
and Rules and shall have the same effect as a notice of pendency as
therein provided, except as otherwise hereinafter provided. A notice
so filed shall be effective for a period of one year from the date
of filing; provided, however, that it may be vacated upon the order
of a judge or upon the consent of the Village Attorney.
In the event of neglect or refusal of the persons
so notified to comply with said order of the Board of Trustees, the
Board of Trustees 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 Board of Trustees may request the Village Attorney to
make an application to the Supreme Court for an order determining
the building to be a public nuisance and directing that it shall be
repaired and secured or demolished.
If any part of this chapter is deemed to be
found to be unenforceable, illegal or unconstitutional or otherwise
void, such judgment shall not affect or impair the validity of the
remainder of this chapter or the application thereof to other persons
and circumstances.