[HISTORY: Adopted by the Board of Trustees of the Village of Montour
Falls 7-24-1978 as L.L. No. 1-1978. Amendments
noted where applicable.]
GENERAL REFERENCES
Property maintenance - See Ch. 108.
This chapter shall be known and cited as the "Unsafe Buildings and Collapsed
Structures Law of the Village of Montour Falls."
The purpose of this chapter is to promote and preserve the health, welfare
and property of residents of the owners of property located within the Village
of Montour Falls by providing a method for the removal or repair of buildings
within the limits of said Village that, from any cause may now be or shall
hereafter become dangerous or unsafe to the public.
As used in this chapter as the following terms shall have the meanings
indicated:
- BUILDING
- A structure wholly or partly enclosed within exterior walls or within exterior or party walls and a roof, affording shelter to persons, animals or property.
- STRUCTURE
- An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings.
No person, firm, corporation or association owning, possessing or controlling
a building in the Village of Montour Falls shall permit, suffer or allow said
building now or hereafter to be or become dangerous or unsafe to the public,
from any cause whatsoever.
All structures which have any or all of the following defects shall
be deemed unsafe or dangerous within the meaning of this chapter:
A.
Those which have damages by fire, wind or other causes
so as to have become dangerous to life, safety, morals or the general health
and welfare of the occupants or the people of the Village of Montour Falls.
B.
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 so as to work injury to the health, morals, safety
or general welfare of those living therein.
C.
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.
D.
Those which have parts thereof which are so attached
that they may fall and injure members of the public or property.
E.
Those which because of their condition are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the people
of this Village.
When it shall be reported to the Village Board that a building is in
an unsafe or dangerous condition or that it is a collapsed structure, the
Village Board shall request the Zoning Officer to insect the same and to report
the condition of the same and the finding to the Village Board with all convenient
speed.
Said Village Board shall thereafter consider this said report and by
resolution determine, if in its opinion the report so warrants, that the structure
or building is unsafe and dangerous and order its removal or repair if the
same can be safely repaired, and further order that a notice shall be given
to the persons or corporations specified below and in the manner herein as
provided.
The notice shall contain the following statements:
A.
The name of the owner or person in possession as appears
from the tax and deed records.
B.
A brief description of the premises and its location.
C.
A description of the building or structure which is unsafe
or dangerous and a statement of the particulars in which it is unsafe or dangerous.
D.
An order requiring the same to be made safe and secure
or to be removed.
E.
That the securing or removal of said building or structure
shall commence within a specified number of days of the service of the notice
and shall be completed within a specified number of days thereafter.
F.
The time and place of the hearing to be held before the
Board of Trustees, at which hearing the owner or occupant shall have the right
to contest the order and findings of the Board of Trustees.
G.
That in the event that such owner, occupant or other
person having an interest in said premises shall fail to contest such order
and fail to comply with the same, the Board of Trustees will order the repair
or removal of such building or structure by the Village, and that the Village
will assess all costs and expenses incurred in such removal against the land
on which such building or structure is located.
H.
That in any case where a building which is required to
be made safe and secure under this chapter is made safe by the boarding up
thereof, the material used for such boarding shall be painted, as near as
practicable, the same color as the building.
A.
A copy of said notice shall be personally served upon
the owner or some one of the owners, executors, legal representatives, agents,
lessees or other person having a vested interest in the premises as shown
on the Village tax records or in the records in the County Clerk's office.
B.
If no such person can be reasonably found for personal
service, then a copy of said notice shall be mailed to such person by registered
mail addressed to his/her last known address as shown on said records and
by personally serving a copy of said notice upon any adult person residing
in or occupying said premises or by securely affixing a copy of said notice
upon said building or structure.
C.
A copy of said notice shall be filed in the County Clerk's
office, which notice shall be filed 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. A notice so filed
shall be effective for a period of one year from the date of filing. It may
be vacated upon an order of a Judge or Justice of a court of record or upon
written consent of the Village Attorney of the Village of Montour Falls. The
County Clerk shall mark such notice and any record or docket thereof as canceled
of record upon the presentation and filing of such consent or of a certified
copy of such order.
The Board of Trustees shall conduct the public hearing at the time and
place specified in the notice to repair or demolish. It may adjourn the hearing
from time to time until all interested parties are heard and until the hearing
is completed. At the conclusion of the hearing, the Board of Trustees shall
determine by resolution to revoke the order to repair or remove, modify said
order or continue and affirm said order and direct the owner or other persons
to complete the work within the time specified in the order or such other
time as shall be determined by the Board of Trustees.
In the event of the refusal, failure or neglect of the owner or person
so notified to comply with said order of the Board of Trustees within the
time specified in said order and after the public hearing, the Board of Trustees
shall provide that such building or structure be made safe and secure or removed
and demolished by Village employees or by independent contractors. Except
in emergency cases as herein provided, any contract for repair or demolishing
and removal of a building or structure in excess of $5,000 shall be awarded
through competitive bidding.
A.
In the event that the building or other structure shall
be reported unsafe or dangerous under such survey, the Village Board may pass
a resolution directing the Mayor or Acting Mayor to make an application to
the court of appropriate jurisdiction for an order determining the building
or other structure to be a public nuisance and directing that it shall be
repaired and secured or taken down and removed.
B.
In the event that an unsafe or dangerous building shall
be deemed an immediate threat to public safety by resolution of the Board,
the Village Board may direct the Superintendent of Public Works, using public
employees and materials to secure the premises in such fashion as may be necessary
to prevent public entry thereto, to include, without limitation, boarding
up doorways, windows or other points of entry, padlocking entryways fencing
enclosures, etc.
[Added 4-6-1992 by L.L. No. 3-1992][2]
[Added 4-6-1992 by L.L. No. 3-1992]
Nothing herein shall be construed to limit the power of the Village
to take other enforcement actions against dangerous premises under this chapter
or any other law.
The Zoning Officer may request and shall receive so far as may be necessary
in the discharge of his/her duties the assistance and cooperation of all municipal
officials.
All costs and expenses incurred by the Village in connection with the
proceedings to remove or secure, including the cost of actually removing or
securing said building or structure, shall be assessed against the land on
which said buildings or structures are located, shall be added to the Village
taxes due thereon and shall constitute a lien upon the premises
in the same manner and with the same effect as a tax lien.
