[HISTORY: Adopted by the Board of Trustees of the Village of New York Mills 11-27-1973 by L.L. No. 2-1973 as Ch. 133 of the 1973 Code; amended in its entirety 9-13-2011 by L.L. No. 1-2011. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 70.
Demolition of structures — See Ch. 74.
The Village Board recognizes that buildings and structures may become unsafe and hazardous by reason of fire, exposure to the elements, age, general deterioration and prolonged lack of maintenance. Unsafe, collapsed and dilapidated buildings and structures threaten the health, welfare and safety of the community at large. Vacant buildings which are not properly secured often become littered with rubbish and debris and infested with rats, mice, insects, reptiles and other vermin. It is the intention of the New York Mills Village Board, pursuant to § 10(1)(ii)(a)(11) and (12), § 10(1)(ii)(e)(3), § 10(3)(b) and (4)(a) and (b) of the Municipal Home Rule Law, Executive Law § 381, and other applicable and successor law or rule, to maintain a clean, wholesome, attractive community and environment, and guard against the creation of attractive nuisances to children and hazardous conditions which may endanger the health, safety and welfare of Village residents; spread disease; invite plundering; attract vagrants; create fire hazards; reduce the value of property; interfere with the use and enjoyment of adjoining properties and interfere with the comfort and well-being of the public.
As used in this chapter, the following words shall have the meanings indicated:
ABANDONED BUILDING
A vacant building, not sealed or continuously guarded as required by law or one that is or was sealed or continuously guarded by a person other than the owner, a mortgagee, lienor or agent thereof, and either of the following facts exists:
A. 
A vacate order of the codes department or other governmental agency currently prohibits occupancy of the building; or
B. 
The tax on such premises has been due and unpaid for a period of at least one year.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy, whether occupied or vacant.
CODE OFFICER
The Code Enforcement Officer as duly appointed by the Village Board.
PERSON
An individual or business entity of any kind.
STAGING
Any temporary structure, including pavilions, stages and scaffolding.
STRUCTURE
Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground, including signs, fences, and retaining and freestanding walls.
A. 
It shall be unlawful to own, operate or maintain a building, staging or structure which is in an unsafe, hazardous, or unsanitary condition.
B. 
An owner, his agent, or person-in-charge of a building, staging or structure shall maintain same in a safe and sanitary condition to preserve and protect the health, welfare and safety of the general public.
C. 
No act on the part of the Village performed in error or otherwise, oversight, error or dereliction of duty on the part of the Village shall serve to permit or allow the ownership, maintenance or operation of an unsafe, unsanitary or hazardous building, staging, or structure. For the purpose of this chapter, a building, staging or structure may be deemed unsafe, hazardous, unsanitary or dilapidated if upon inspection any of the following apply:
(1) 
Leaning or bulging wall;
(2) 
Thirty-three percent or more of damage to supporting members or fifty-percent damage to the overall structure;
(3) 
Improperly distributed loads;
(4) 
Sufficient damage by fire or the elements to present a danger to the life, safety and welfare of the occupants or the general public;
(5) 
Inadequate facilities to support life;
(6) 
Inadequate egress or ingress in the event of a fire or other emergency;
(7) 
The structure is damaged, decayed, dilapidated, unsanitary, unsafe or infested in such a manner as to create a serious hazard to the health and safety of the public;
(8) 
Parts of the building, staging or structure are in danger of detaching, creating a hazardous condition;
(9) 
Debris and rubble from fire or other occurrence or condition;
(10) 
Unsanitary or overcrowded;
(11) 
Vacant and left unsecured at entrances, windows or other portions of the structure;
(12) 
Unfit for habitation due to prolonged lack of maintenance or owner failure;
(13) 
Weeds or plant growth in excess of 10 inches other than trees, shrubs, cultivated flowers and gardens; noxious weeds;
(14) 
Any other condition which, in the opinion of the Code Officer, is dangerous or jeopardizes the health, welfare and safety of the occupants or the general public.
The Code Officer or any consultant retained by the Village may inspect any building, staging or structure which, in his or her opinion, is or may become dangerous or unsafe, or threaten the health, safety or welfare of the occupants or general public.
A. 
A written notice shall be served upon the property owner, his agent, the occupant(s) or person-in-charge of the property, or any person having a vested or contingent interest in the property as shown on the most current assessment roll maintained by the Village Assessor, directing the removal, remediation or abatement of the unsafe, hazardous or dangerous condition by the date specified on the notice. Such period may be extended for good cause shown, as long as it can be demonstrated that remedial measures have been started and the delay is not under the control of or due to the actions of the person to whom the notice has been issued.
B. 
Contents of notice. The notice shall contain the following:
(1) 
A description of the property;
(2) 
A description of the unsafe, unsanitary or dangerous condition;
(3) 
A description of the manner in which the building, staging or structure is to be secured or repaired, or demolished and removed;
(4) 
A statement that the remediation or abatement must commence within 10 days of the service of the notice and completed within a specified date;
(5) 
A statement that in the event of the failure or refusal of the person to whom the notice is issued to bring the property into compliance by the date on the notice or approved date of extension, a fact-finding hearing will be held on the date, time and place specified in the notice before the Village Board to determine whether the report of the Code Officer should be modified or withdrawn, and whether, in the absence of any action by the owner, the Village may repair or secure, demolish and remove the building, staging or structure; and
(6) 
A statement that in the event of his failure to remedy the condition or appear at the fact-finding hearing, the building, staging or structure will be secured or repaired, demolished and removed by the Village and the costs and expenses thereof assessed against the land or the person responsible.
C. 
Amendment, modification or withdrawal. The Code Officer may amend, modify or withdraw any notice issued if, in his judgment, the circumstances warrant such action, provided the amended or modified notice is served as provided in Subsection D herein within five days of service of the original notice, and a hearing has not occurred.
D. 
Service of the notice. Such notice shall be given in writing by certified mail, return receipt requested, to the owner of such property and to the owner's last known address as it appears on the latest assessment roll of the Village of New York Mills. In the event that the lot, tract or parcel of land is unoccupied and the address of the owner is unknown, service of the notice shall be made upon the owner by posting the same on such lot, tract or parcel of land. Such notice shall direct that such hazard, nuisance, unsafe, unsanitary or dangerous condition be remedied within 10 days of the mailing of such notice.
[Amended 11-10-2015 by L.L. No. 2-2015]
E. 
Filing of notice. The notice shall be filed in the Office of the Oneida County Clerk by the Village Attorney in the same manner as a notice of pendency pursuant to Article 65 of the CPLR. The notice shall remain effective for one year from the date of filing and may only be vacated by an order of the court or upon the consent of the Village Attorney.
An administrative hearing may be held by the New York Mills Village Board at the option of the Village. Hearings may be adjourned only upon good cause shown.
A. 
Village Board action. The Village Board may consider the report and accept or reject, in whole or in part, the findings and recommendations of the Code Officer with or without conditions as it deems advisable. The Village Board shall render its findings and determination no later than the next regularly scheduled Village Board meeting following the public hearing and may make a determination on the same day as the hearing. Upon a finding that the building, staging or structure is or may become unsafe, unsanitary or hazardous, or a threat to the occupants or general public, the Board by resolution may direct the owner, his agent, the occupant(s) or person-in-charge of the property, or any person having a vested or contingent interest in the property to secure and/or repair, or demolish and remove the building, staging or structure within the time specified in the resolution, and upon the failure, neglect or refusal of such person(s) to comply, the Village Board may authorize Village personnel, upon reasonable notice, to enter the premises and perform the work, and the costs assessed in accordance with the provisions of this chapter. A copy of the Village Board resolution shall be mailed by the Village Attorney to the person(s) named in the original notice by regular mail and by registered or certified mail, return receipt requested. The decision of the Village Board shall be filed with the New York Mills Village Clerk and shall be final.
B. 
Conduct of hearings. At the fact-finding hearing, the person to whom a notice has been issued shall be entitled to be represented by legal counsel and provided with an opportunity to be heard. He may present the testimony of witnesses, experts and other evidence in his own behalf as he deems necessary and relevant to the subject matter of the hearing. All hearings shall be recorded.
A. 
Upon the failure, neglect or refusal of the owner, his agent, occupant, person-in-charge of the property or person having a vested or contingent interest in the property to remove, remedy or abate the unsafe, unsanitary or dangerous condition within the specified period of time or to appear at the hearing, as long as the notice was properly served in accordance with § 73-5D, the Village of New York Mills may undertake to abate the same through the use of its own personal facilities or equipment or the Village of New York Mills may contract with an independent contractor or contractors to enter the property and secure or repair, demolish or remove the building, staging or structure, to abate the hazard at the expense of the property owner, his agent, the occupant(s) or person in charge of the property as set forth herein.
[Amended 11-10-2015 by L.L. No. 2-2015]
B. 
When the codes department finds that a building is abandoned within the meaning of this chapter, it shall make and file among its records a certification containing such finding and the facts on which it is based. Further, it shall immediately affix to the dwelling, in a prominent and conspicuous location, a notice that the building has been found to be an abandoned building and that it is a crime to take, remove or otherwise damage any fixture or part of the building structure.
C. 
Impeding government action. Any person who resists, obstructs or impedes the agents, servants, officers or employees of the Village in the remediation, abatement, disposal or removal process shall be in violation of this chapter and shall be subject to the fines and penalties provided herein.
The owner, his agent, occupant, person-in-charge of the property, or person having a vested or contingent interest in the property shall be liable for the direct and indirect costs of abating the unsafe, unsanitary or hazardous condition, including but not limited to an administrative fee equal to 25% of the total cost of said removal, remediation, abatement and disposal process, intended to reimburse the Village for the time and expense of holding the hearing, abating the condition, notifying the appropriate parties, certifying the amounts due to the Village, and charging same against the property or person responsible.
A. 
The costs incurred by the Village shall be certified by the head of each Village department providing services and the Village Attorney shall mail written notice of such costs by certified or registered mail, return receipt requested, to the owner, his agent, occupant, person-in-charge of the property, or person having a vested or contingent interest in the property to the last known address, or to the last address shown on the most current assessment roll maintained by the Village Assessor or to the property address, as the case may be. The notice shall state that upon the failure to pay the amount certified within 10 days of receipt of the notice by cash, money order, or certified or bank check, the amount will be added to the tax bill or other action will be taken without further notice. Nothing contained herein shall be construed to limit the Village's remedies or bar the commencement of an action to collect the debt in lieu of a tax lien.
B. 
Tax lien. In the event the debt is not paid within the ten-day period, or if the mailing is returned by the post office because of the inability to make delivery for any reason, as long as the notice was properly addressed, such certification of costs shall be provided to the Tax Receiver, who shall cause the costs as shown thereon to be charged against such lands without further notice. The amount so charged shall forthwith become a lien against such lands and shall be added to and become part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officer(s) and in the same manner as taxes.
A. 
If, in the judgment of the Code Officer, an emergency exists as when a building, staging or structure is in imminent danger of collapse or an immediate peril to the public health and safety exists, he may issue a verbal or written order to the owner, his agent, occupant, person-in-charge of the property, or person having a vested or contingent interest in the property to remedy the dangerous, unsanitary or hazardous condition to the satisfaction of the Village within 48 hours of service of the notice or the condition shall be remedied by the Village without further notice and the costs thereof filed as a lien against the property if not paid to the Village within five days of receipt of a written demand for same. Service of the written order may be accomplished in any manner set forth in this chapter; or by posting the notice in a conspicuous portion of the property so as to be visible from the street; or by overnight express mail. Upon the failure, neglect and/or refusal of the person who has been notified to remedy or remove the condition to the satisfaction of the Code Officer, the officer shall report his findings and recommendations to the Village Mayor who, upon such findings, may execute a declaration of emergency authorizing Village personnel to enter the property and perform the work, and the costs assessed and levied in accordance with the provisions of this chapter.
B. 
Any person who resists, obstructs or impedes the agents, servants, officers or employees of the Village in the remediation, abatement, disposal or removal process shall be in violation of this article and shall be subject to the fines and penalties provided herein.
A. 
In addition to assessing costs against the property as provided in this chapter, or against a responsible person through a civil action, any person who violates or permits another to violate a provision of this chapter shall be deemed to have committed an offense against this chapter and shall, upon conviction thereof, be subject to a fine or penalty of not less than $500 and not more than $1,500. Each day, or part thereof, such violation continues or is permitted to exist shall constitute a separate offense punishable in like manner; and
B. 
The Village may maintain an action for civil penalties in the sum of not less than $250 nor more than $1,500 for each day or part thereof the offense continues or is permitted to exist; and
C. 
The Village Attorney is authorized to maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter, or to pursue other equitable or legal remedies and penalties as in his judgment may seem necessary and proper, and to recover legal fees.