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.
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.
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.
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.