As used in this chapter, the following terms shall have the meanings
indicated:
CODE ENFORCEMENT OFFICE
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.
ENFORCEMENT OFFICER
The Code Enforcement Officer of the City of Canandaigua.
[Amended 12-15-2005 by Ord. No. 2005-020]
UNSAFE BUILDING
Includes any building, shed, fence or other man-made structure:
A.
Which is dangerous to the public health because of its condition and
may cause or aid the spread of disease;
B.
Which because of faulty construction, age, lack of proper repair or
any other cause, is:
(1)
Especially liable to fire and constitutes or creates a fire hazard;
or
(2)
Liable to cause injury or damage by collapsing or by collapse or fall
of any part of such structure.
C.
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
D.
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.
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.
[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.