[HISTORY: Adopted by the Town Board of the Town of Cicero 10-15-1997
by L.L. No. 2-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 68.
Housing standards — See Ch. 124.
This chapter shall be known as the "Unsafe Building Law of the Town
of Cicero, New York."
The Town Board finds that unsafe buildings and structures pose a threat
to life and property in the Town of Cicero. Buildings and structures may become
unsafe by reason of damage by fire, the elements, age or general deterioration.
Vacant buildings not properly secured at doorways and windows also serve as
an unattractive nuisance for young children, who may be injured therein, as
well as a point of congregation by vagrants and transients, and dilapidated
buildings may also serve as a place of rodent infestation, thereby creating
a health menace to the community. Debris, rubble or parts of buildings left
on the ground and not removed constitute a dangerous, unhealthy and unsightly
condition. It is the purpose of this chapter to provide for the safety, health,
protection and general welfare of persons and property in the Town of Cicero
by requiring such unsafe buildings to be repaired or demolished and removed.
As used in this chapter, the following terms shall have the meanings
indicated:
Any house, basement, cellar, wall, cottage, lot, shed, garage, well,
fence, storage tank, underground container, pole, smokestack, excavation,
building, structure or portion thereof used for residential, business, industrial,
recreational or other purpose.
The Code Enforcement Officer of the Town of Cicero, or such other
person appointed by the Town Board to enforce the provisions of this chapter.
The owner(s) of record of the premises in fee or lesser estate therein,
receiver, executor, administrator, trustee or any other person, firm, partnership
or corporation in control of a building or the duly authorized agent of any
of the aforementioned.
Any debris, rubble or parts of buildings or structures which remain
on the ground or on the premises after demolition, reconstruction, fire or
other casualty.
All buildings or structures which, by reason of their condition,
endanger or may endanger the health, life, limb or property or cause any hurt,
harm, inconvenience, discomfort, damage or injury to the health, life, limb
or property of the people of the Town of Cicero in any of the following ways
shall be deemed to be a public nuisance:
By reason of being detrimental to the general health of the community.
By reason of being a fire hazard.
By reason of being unsafe for occupancy or use on, in, upon, about or
around the above-said premises.
By reason of continued vacancy, thereby resulting in lack of reasonable
or adequate maintenance of structures and grounds and causing a deteriorating
and blighting influence on nearby properties and thereby depreciating the
enjoyment and use of the property in the immediate vicinity to such an extent
that it is harmful to the community in which such structure is situated.
Any building or structure or portion thereof which:
Has any of the following defects:
Those whose interior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through the center
of gravity falls outside of the middle third of its base.
Those which, exclusive of the foundation, show 33% or more of damage
or deterioration of the supporting member or members or 50% of damage or deterioration
of the nonsupporting enclosing or outside walls or covering.
Those which have improperly distributed loads upon the floors or roof
or in which the same are overloaded or which have insufficient strength to
be reasonably safe for the purpose used.
Those which have been damaged by fire, wind or other causes so as to
become dangerous to life, safety, morals or the general health and welfare
of the occupants or the people of the Town of Cicero.
Those which have become or are so dilapidated, decayed, unsafe, 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 so as to work injury to the health, morals, safety or general welfare
of those living therein.
Those having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human beings who
live or may live therein.
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.
Those which have parts thereof which are so attached that they may fall
and injure members of the public or property.
Those which, because of their condition, are unsafe, unsanitary or dangerous
to the health, morals, safety or general welfare of the people of the Town
of Cicero.
Those buildings existing in violation of any provisions of the Building
Code or any provisions of the Fire Prevention Code or other ordinance or local
law of the Town of Cicero or the State of New York.
Because of its structural condition is or may become dangerous or unsafe
to the public.
Is open at the doorways or windows or walls, making it accessible to
and an object of attraction to minors under 18 years of age as well as to
vagrants and other trespassers.
Is or may become a place of rodent infestation.
Consists of debris, rubble or parts of buildings left on the ground
after demolition, reconstruction, fire or other casualty.
Presents any other danger to the health, safety, morals and general
welfare of the public.
It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Town of Cicero to maintain such building or structure or portion of any building or structure in any condition or manner which shall be unsafe as defined in § 74-3 of this Code.
A.
Notice to secure building or structure. Whenever the
Code Enforcement Officer determines that any building or structure is not
adequately secured, locked or closed and is accessible to juveniles, transients
or undesirables or is a health, fire or safety hazard to the adjacent community,
he shall serve the owner(s) with a notice to secure or close the same forthwith
so as to prevent unauthorized persons from gaining access thereto.
B.
Contents of notice. Said notice shall inform the owner:
(1)
That he is the owner(s) or person(s) in possession as
appears from tax, deed or other records.
(2)
Of a description of the premises and its location.
(3)
That the premises are in violation of certain sections
of this chapter.
(4)
That he must forthwith secure or close said building
or structure so as to prevent unauthorized persons from gaining access thereto.
(5)
That he may request a hearing within 10 days after receipt
of the notice if he believes that the building or structure is adequately
secured or closed.
(6)
That if the required work is not completed within 10
days after serving of the notice and if a timely demand for a hearing is not
made, the Town of Cicero may perform the work at the expense of the owner.
D.
Request for hearing. Within 10 days of service upon the
owner(s) or person(s) having control of a building or structure of a notice,
the owner(s) or any other person(s) deeming himself aggrieved by said notice
may request a hearing.
E.
Hearing. Upon receiving a request for a hearing, the
Code Enforcement Officer shall forthwith inform the Town Supervisor that a
request for a hearing has been filed. The Code Enforcement Officer shall inform
the person requesting the hearing of the date and place of the hearing not
less than five days prior to the date of the hearing. The Town Board shall,
upon the presentation of relevant evidence, determine whether the building
or structure is or is not adequately secured, locked or closed, whether the
building or structure is accessible to juveniles, transients or undesirables
or is a health, fire or safety hazard to the adjacent community. The Town
Board shall promptly issue its findings and its determination to the person
requesting the hearing and his attorney, if any, the Code Enforcement Officer
and the Town Clerk. Any person aggrieved by the decision may appeal said decision
directly to the Supreme Court of the State of New York pursuant to Article
78 of the Civil Practice Law and Rules. Such a proceeding shall not stay further
action pursuant to this chapter unless the court so orders.
F.
Securing structures by the town. If a person is properly
served with a notice as provided by this section and he does not request a
hearing or if a hearing is requested and held and it is determined that said
person is required to secure or close such building and if said building is
not so secured or closed within 10 days after service of the required notice
or within 10 days after service of the decision, the Town of Cicero may cause
the building to be secured and closed.
G.
Owner responsible for cost of work. Whenever the town
has secured or closed any building or structure or has paid any other person
or corporation to perform said work, the actual cost thereof plus accrued
interest at the rate of 9% per annum from the date of the completion of said
work shall be charged to the owner of said property. If the owner of said
property does not pay said charges, they shall be included as a part of the
next town tax bill, and said charge shall be due and payable by said owner
at the time of payment of said bill.
H.
Statement constitutes a lien. Where the full amount due
the town is not paid by such owner within 10 days after securing or closing
a building, then and in that case the Code Enforcement Officer shall file
a sworn statement with the Town Clerk showing the cost and expense incurred
for the work, the date the work was done and the location of the property
on which said work was done. The recordation of such sworn statement shall
constitute a lien and privilege on the property and shall remain in full force
for the amount due in principal and interest, plus costs of court, if any,
for collection until final payment has been made. Said costs and expense shall
be collected in the manner fixed by law for the collection of taxes. Sworn
statements recorded in accordance with the provisions hereof shall be prima
facie evidence that legal formalities have been complied with and that the
work has been done properly and satisfactorily and shall be full notice to
every person concerned that the amount of the statement, plus interest, constitutes
a charge against the property designated or described in the statement and
that the same is due and collectible as provided by law.
I.
Emergency procedures. Whenever the conditions described in Subsection A of this section constitute such an immediate hazard that the building or structure must be secured or closed forthwith or within less than the designated period and if the Code Enforcement Officer so determines or either the Police Chief or the Fire Chief so determines and notifies the Code Enforcement Officer, the Code Enforcement Officer shall request that the Town Board cause such building or structure to be secured after giving such notice to the owner or the person in charge as circumstances permit or without notice when, in the opinion of the Fire Chief, Police Chief or Code Enforcement Officer, immediate action is necessary. If notice cannot be given to the owner or person in charge prior to such action, notice shall be given to the owner or person in charge within seven days thereafter in accordance with the provisions of Subsections B and C herein.
A.
Whenever the Code Enforcement Officer suspects the existence
of a public nuisance or dangerous building, he shall inspect the premises
on which the suspected nuisance exists upon being granted permission by the
owner or person in control of the premises or after having obtained an appropriate
warrant, or, if sufficient, upon an inspection without entering the premises.
A written report of the inspection and the findings with respect to the existence
of a public nuisance or dangerous building shall be prepared by the Code Enforcement
Officer and filed with the Town Clerk.
B.
If the Code Enforcement Officer determines that a public
nuisance or dangerous building exists, he shall cause a written notice to
be served on the owner setting forth the findings with respect to the premises,
its ownership, the existence of a public nuisance or dangerous building, a
description of the particulars and a statement of why it is either a nuisance
or dangerous and stating that unless the owner thereof shall cause the abatement
of the public nuisance or dangerous building by rehabilitation or by removal
of the building, structure or nuisance, the same will be abated or removed
by the town at the expense of the owner. Said notice shall state that the
owner must commence to comply with the order of the Code Enforcement Officer
within 10 days after service of the notice or such other time as the Code
Enforcement Officer determines and be completed within the time prescribed
by the Code Enforcement Officer and that a building permit must be obtained
in accordance with the provisions of the Town of Cicero Code. Said notice
shall also provide for a hearing before the Town Board and shall specify the
time and date thereof. At the hearing the Board shall determine whether a
public nuisance or dangerous building exists on the property and order the
abatement thereof by repair or replacement of the items found to constitute
a public nuisance or danger or order the abatement thereof by demolition.
C.
Service of notice. Proper service of said notice shall be made in accordance with § 74-7 herein and shall be filed with the County Clerk.
D.
Abatement of public nuisance or dangerous building.
(1)
Upon being served notice, the owner may, within 10 days
after receipt of notice, make application to the Code Enforcement Officer
to undertake the repairs or replacement of items found to constitute a public
nuisance or danger.
(2)
Adequate plans and specifications, as required by the
Code Enforcement Officer and by the Town of Cicero Code covering said repairs
or replacements, shall be furnished by the owner to the Code Enforcement Officer
within 10 days after receipt of notice or such additional time, not to exceed
90 days, as the Code Enforcement Officer may deem necessary to complete plans
and specifications.
(3)
The Code Enforcement Officer shall, upon approval of
the plans and specifications and upon site plan approval if required by local
law, cause a building permit to be issued to the owner. The building permit
shall be valid for a period of 90 days, and within that time the owner shall
effect and complete the repairs and/or replacements. The Code Enforcement
Officer may grant an extension of the building permit if the owner shows reason
or cause for the requested extension.
(4)
Upon being served notice, the owner may, within 10 days,
make application to the Code Enforcement Officer for a demolition permit to
abate the nuisance completely by demolition and removal of the structure.
The demolition permit shall be valid for a period of 30 days, and within that
time the owner shall completely demolish and remove the building and, if required
by the Code Enforcement Officer, fill in open pits and enclose the lot with
a fence at least six feet in height approved by the Code Enforcement Officer.
The Code Enforcement Officer may grant an extension of the demolition permit
if the owner shows reason or cause for the requested extension.
E.
Abatement of nuisance or dangerous building by town; demolition of structure. Should the nuisance or danger not be abated at the expiration of the time stated in the notice or expiration of the time stated in the building permit or any extensions granted by the Code Enforcement Officer of such additional time as the Town Board may grant, the Code Enforcement Officer or his designee shall be authorized at any time thereafter to enter upon the premises, and the owner shall permit him entry, to abate the nuisance or danger by demolition and removal of the structure or by repair, replacement or removal, whichever shall be appropriate in the opinion of the Code Enforcement Officer if no appeal has been filed or in the opinion of the Town Board if a hearing has been deemed and held. In abating such nuisance or danger, the Code Enforcement Officer may request the Town Supervisor to provide whatever assistance may be necessary to abate such public nuisance or danger as aforesaid or may, by private contract, abate such public nuisance, and the cost of said contract may be paid for from town funds. The cost of abating such public nuisance shall be recovered in the same manner as specified in § 74-5G and H of this chapter.
Proper service of any notice required by this chapter shall be made
by personal service or by certified mail upon this record owner or someone
of the owner's executors, legal representatives, agents, lessees or other
person having a vested or contingent interest in same or the person having
control of said building or structure at his last known address and by posting
a copy of the notice in a conspicuous place on the building or structure.
Any person upon whom a notice as provided in this chapter has been served
who fails, neglects or refuses to place such unsafe building or structure
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 Code Enforcement Officer in carrying out the
provisions of this chapter shall, upon conviction thereof, be subject to a
fine of not more than $250. Each day in which such violation continues shall
constitute a separate offense. This fine shall be in addition to all other
remedies available to the town, including those set forth herein.
The provisions of this chapter shall not be deemed to be a limitation
or restriction on the authority of any department, official or employee of
the town pursuant to any other ordinance, local law, statute or other enactment
of the town or State of New York.
The owner or person in charge of a building or structure who shall fail
to comply with any notice or order herein shall, upon conviction thereof,
be fined an amount not to exceed $250 for each offense. Each day of such failure
to comply shall constitute a separate offense.
