[HISTORY: Adopted by the City Council of the City of Canandaigua
10-16-1997 by Ord. No. 97-21 as Ch. 3.36 of the 1997 Municipal Code. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The office empowered to enforce this chapter and shall be composed
of the Code Enforcement Officer, who shall be the head of the Code Enforcement
Office, the Fire Chief and the Health Officer.
[1]The Code Enforcement Officer of the City of Canandaigua.
[Amended 12-15-2005 by Ord. No. 2005-020]
Includes any building, shed, fence or other man-made structure:
Which is dangerous to the public health because of its condition and
may cause or aid the spread of disease;
Which because of its condition or because of lack of doors or windows
is available to or frequented by children, malefactors or disorderly persons
who are not lawful occupants of such structure; or
Which endangers the health, safety or welfare of the public.
The provisions of this chapter shall be in addition to, and in furtherance
of, the New York State Uniform Fire Prevention and Building Code, including
but not limited to Sections 108 and 109 of the Property Maintenance Code of
New York State.
A.
The Enforcement Officer of this chapter shall have the
power and authority to go upon and examine any premises within the City that
he has reason to believe to have an unsafe building thereon.
B.
After the inspection of any premises within the City
which the Enforcement Officer determines to have an unsafe building thereon,
he shall prepare a report in writing and file same in the office of the Clerk/Treasurer.
A.
The Enforcement Officer shall cause service of notice
upon the owner, and all other persons having any interest in such property
upon which the unsafe building is located, either personally or by registered
mail, addressed to his last known address as shown by the records of the Assessor's
Office of the City and/or in the office of the County Clerk, containing a
description of the premises, a statement of the particulars in which the building
or structure is unsafe or dangerous and an order of the Enforcement Officer
requiring same to be repaired or removed; and if such service be made by registered
mail, to cause the posting of a copy of such notice on the premises.
B.
The notice shall contain the time within which the owner
so served shall commence the repair or removal of such unsafe building. Any
building or structure damaged by fire shall be repaired and restored or demolished
within six months from the date of the fire.
C.
The notice may also be filed in the office of the County
Clerk, which notice shall be filed by the 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 in this subsection. 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 justice of a court of
record or upon the consent of the Corporation Counsel. The County Clerk shall
mark such notice and any record or docket thereof as canceled or record upon
the presentation and filing of such consent or of a certified copy of such
order.
D.
The notice shall further contain a time and place for
a hearing to be held before the Code Enforcement Office in the City not less
than two weeks nor more than four weeks from the date of the service of the
said notice.
[Amended 5-3-2007 by L.L. No. 1-2007]
E.
In the event a hearing is held, or if the owner does
not appear, and it is determined by the Code Enforcement Office that there
is an "unsafe building" located upon the premises and the owner fails to commence
the repair or removal of the unsafe building within the time specified in
the notice or determination he shall notify the Director of Public Works that
the owner has failed or refuses to repair or remove the unsafe building within
the time provided.
[Amended 5-3-2007 by L.L. No. 1-2007]
Upon notification that the owner has failed or refuses to repair the
unsafe building, the Director of Public Works shall cause the repair or removal
of the unsafe building. After the work has been completed he shall file in
the office of the Clerk/Treasurer a verified statement of all the direct costs
of same, together with a charge of 20% in addition thereto as compensation
to the City for administering, supervising and handling said work.
Upon receipt of the verified statement, the Clerk/Treasurer shall enter
the same in his records as a lien against the said premises and shall add
the same to the next assessment roll of general City taxes and shall collect
and enforce the assessment in the same manner, by the same proceedings, at
the same time, under the same penalties, as the general City tax and as a
part thereof. Except that in addition to the penalties heretofore stated,
interest shall run thereon from the date of filing to the date of actual payment
at 6% per annum.
Notwithstanding any provision herein to the contrary, the City may at
its election institute suit against the owner of said premises for the direct
costs, together with a charge of 20% in addition thereto as compensation to
the City for administering, supervising and handling said work, and enter
judgment thereon against the owner personally for the aforesaid amount. The
imposition and collection of any fine or penalty hereinafter prescribed shall
not bar the right of the City to collect the cost of the removal or repair
of any unsafe building as herein prescribed.
The failure of the owner to complete the repairs or to remove the unsafe
building within a reasonable time after due notice by the Enforcement Officer
shall subject the owner to the same procedure and penalties as herein set
forth.
The transfer of title by the owner of premises upon which an unsafe
building is located shall be no defense to any proceedings under this chapter.
A.
In case there shall be, in the opinion of the Enforcement Officer, actual and immediate danger of the falling of a structure so as to endanger public safety, life or property, or actual or immediate menace to health or public welfare as a result of conditions present in or about a structure, he shall cause the necessary work to be done to render such structure temporarily safe, whether the procedure prescribed in this chapter for unsafe or dangerous structures has been instituted or not. When emergency work is to be performed under this section, the Enforcement Officer shall send the owner by registered mail, return receipt requested, and shall post on the premises, a notice to comply containing a description of the premises, a statement of the facts in which the structure is unsafe or dangerous, and orders and directions to correct the said conditions which constitute an emergency within a specified period not to exceed three days from receipt of the notice. In the event the emergency does not permit any delay in correction, the notice shall state that the City has corrected the emergency condition. In both cases, the notice shall state that the corrective costs of the emergency will be assessed against the owner pursuant to the provisions of § 300-6 of this chapter.
B.
A copy of the emergency notice of unsafe or dangerous structure may be filed in the office of the County Clerk of Ontario County in the manner and with the same effect as provided in § 300-5 of this chapter. Emergency work performed under this section shall be assessed against the land on which the structure is located.
[Amended 10-2-2008 by L.L. No. 2008-019]
When a structure is in an unsafe or dangerous condition so that life
or public safety is endangered thereby, the Director of Public Safety, his
designee or the Code Enforcement Officer may order and require the tenants
or occupants to vacate the same forthwith. He may, when necessary for public
safety, temporarily close sidewalks, streets, structures and places adjacent
to such structures and prohibit the same from being used. The Director of
Public Works, the Director of Public Safety, the Chief of Police and the Fire
Chief, when called upon by the Enforcement Officer to cooperate, shall assist
in the enforcement of such orders or requirements.
All demolition operations within the City of Canandaigua shall be conducted
in accordance with the following regulations:
A.
Preparation. Before starting demolition, all glass in
exterior openings shall be removed. All gas, water, electric and other supply
lines shall be cut off and capped. Advance notification must be made to the
utility companies.
B.
Protection of adjacent structures. During any demolition
the contractor shall examine any walls or adjacent structures and provide
sheet-piling, shoring, bracing or such means as may be necessary to insure
safe demolition operations and prevent such structures from collapsing.
C.
Demolition of walls, partitions, etc. Masonry or wood
walls, partitions or other structural components shall not be permitted to
fall is such masses as to endanger adjacent buildings or public ways.
D.
Proof of insurance. Any contractor engaged in demolition
work within the City of Canandaigua shall provide the City Code Enforcement
Officer or Director of Public Works with a certificate of adequate liability
insurance in an amount specified and approved by the City.
E.
Storage of debris in cellars or basements. Any materials
to be used as fill for a basement or cellar must be approved by the Code Enforcement
Officer and Director of Public Works.
F.
Site completion. The entire area of demolition must be
graded and covered with suitable material approved by the Code Enforcement
Officer and Director of Public Works. The contractor shall be held liable
for any damage to City property and right of ways as well as private property.
G.
Inspections. During demolition, continuous inspections
shall be made by the Code Enforcement Officer to detect any hazards or violations
of the Demolition Code of the City of Canandaigua and the New York State Department
of Labor.
H.
Barricades.
(1)
Substantial barricades shall be erected whenever there
is a likelihood of persons other than essential workmen entering the zone
of demolition. The contractor shall be wholly responsible for providing such
barricades. The height of the barricade shall be determined by the City Building
Department unless otherwise set forth in the New York Department of Labor
Code Manual No. 23.
(2)
In the case of barricading any streets or public rights-of-way,
the contractor shall notify the Building Department and Police Department
in order that traffic may be controlled.
Any person upon whom a notice as provided in this chapter has been served,
who fails, neglects or refuses to place such unsafe building in a safe condition
as designated in such notice, or who shall violate any of the provisions of
this chapter or orders given pursuant thereto or who shall resist or obstruct
the Enforcement Officer in carrying out the provisions of this chapter shall,
upon conviction therefor, be punishable by a fine not exceeding $250 or imprisonment
in the County Jail of Ontario County for not more than 15 days, or both such
fine and imprisonment. Each day on which any such violation continues shall
constitute a separate offense.
