[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.]
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.
[Added 8-21-1995 as L.L. No. 4-1995]
As used in this chapter as the following terms
shall have the meanings indicated:
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.
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.
[Amended 8-21-1995 as L.L. No. 4-1995]
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.
[Amended 8-21-1995 as L.L. No. 4-1995]
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.
[Amended 8-21-1995 as L.L. No. 4-1995]
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.
[Amended 8-21-1995 as L.L. No. 4-1995]
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.
[Amended 8-21-1995 as L.L. No. 4-1995]
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]
[2]
Editor's Note: Former Subsection C, dealing
with the cost of securing premises, which was added 4-6-1992 by L.L.
No. 3-1992 and which immediately followed this subsection, was deleted 8-21-1995 as L.L. No.
4-1995.
[1]
Editor's Note: Former Section 11, Assessment
of costs and expenses, which immediately followed this section, was
deleted 8-21-1995 as L.L. No. 4-1995.
[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.
[Amended 8-21-1995 as L.L. No. 4-1995]
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.
[Added 8-21-1995 as L.L. No. 4-1995]
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.
[Added 8-21-1995 as L.L. No. 4-1995]
Any violation of any provision of this chapter
shall be punishable by a fine of not more than $250 or imprisonment
for not more than 15 days, or both.
