[HISTORY: Adopted by the Town Board of the Town of Phelps 1-8-2007
by L.L. No. 1-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration — See Ch. 60.
[1]
Editor's Note: This local law also superseded former Ch. 64,
Buildings, Unsafe, adopted 8-2-1982 by L.L. No. 2-1982, as amended.
Unsafe structures and equipment pose a threat to life and property in
the Town of Phelps. 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 attractive nuisance
for young children who may be injured therein, as well as a point of congregation
by vagrants and transients. A dilapidated building may also serve as a place
of rodent infestation, thereby creating a health menace in the community.
It is the purpose of this chapter to provide for the safety, health, protection
and general welfare of persons and property within the Town of Phelps by requiring
such unsafe structures and equipment to be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Structure and Equipment Law
of the Town of Phelps."
A.Â
When a structure or equipment is found to be unsafe,
or when a structure is found unfit for human occupancy, or is found unlawful,
such structure shall be condemned pursuant to the provisions of this Code.
B.Â
NOTICE
PLACARD REMOVAL
PROHIBITED OCCUPANCY
STRUCTURE UNFIT FOR HUMAN OCCUPANCY
UNLAWFUL STRUCTURE
UNSAFE EQUIPMENT
UNSAFE STRUCTURE
VACANT STRUCTURES
As used in this chapter, the following terms shall have
the meanings indicated:
Whenever a structure or equipment has been condemned under the provisions
of this chapter, a notice shall be posted in a conspicuous place in or about
the structure affected by such notice. If the notice pertains to equipment,
it shall be posted on the condemned equipment.
The placard shall be removed whenever the defect upon which the condemnation
and placarding action were based have been eliminated.
No person shall occupy placarded premises or shall operate placarded
equipment.
A structure is unfit for human occupancy whenever such structure
is unsafe, unlawful or, because of the degree to which the structure is in
disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains
filth and contamination, or lacks ventilation, illumination, sanitary or heating
facilities or other essential equipment required by the Code, or because the
location of the structure constitutes a hazard to the occupants of the structure
or to the public.
An unlawful structure is one found in whole or in part to be occupied
by more persons than permitted under the Code, or was erected, altered or
occupied contrary to law.
Unsafe equipment includes any boiler, heating equipment, elevator,
moving stairway, electrical wiring or device, flammable liquid containers
or other equipment on the premises or within the structure which is in such
disrepair or condition that such equipment is a hazard to life, health, property
or safety of the public or occupants of the premises or structure.
An unsafe structure is one that is found to be dangerous to the life,
health, property or safety of the public or the occupants of the structure
by not providing minimum safeguards to protect or warn occupants in the event
of fire, or because such structure contains unsafe equipment or is so damaged,
decayed, dilapidated, structurally unsafe, or of such faulty construction
or unstable foundation, that partial or complete collapse is possible.
Vacant structures shall comply with 19 NYCRR Part 1225, Fire Code
of New York State, §§ 311.1 through 311.4.
When there is imminent danger of failure or collapse of a building or
structure which endangers life, or when any structure or part of any structure
has fallen and life is endangered by the occupation of the structure, or when
the actual or potential danger to the building occupants or those in the proximity
of any structure because of explosives, explosive fumes or vapors or the presence
of toxic fumes, gases or materials, or operation of defective or dangerous
equipment, the occupants shall vacate the premises forthwith. There shall
be posted at each entrance to such structure a notice that reads as follows:
" This Structure Is Unsafe and Its Occupancy has been prohibited by the Code
Enforcement Official." It shall be unlawful for any person to enter such structure
except for the purpose of securing the structure, making the required repairs,
removing the hazardous condition or of demolishing the same.
Temporarily unoccupied buildings, structures, premises or portions thereof,
including tenant spaces, shall be safeguarded and maintained in accordance
with the New York State Fire Code, Chapter 3, Vacant Buildings.
When, in the Code Enforcement Official's opinion, and/or upon receipt
of information that a structure/building is unsafe for the public or inhabitants
of said building or unfit for human occupancy, and/or that equipment is unsafe,
the Code Enforcement Official, having conducted an inspection of said property
and having properly posted it as such, shall file a report with the Town Board
with said findings and recommendations with regards for repair or demolition
and removal.
The notice shall contain the following:
A.Â
A description of the premises.
B.Â
A statement of the particulars in which the building
is unsafe, unfit or equipment unsafe.
C.Â
An order outlining the manner in which the building is
to be made safe, secure or equipment rendered safe, or for demolition and
removal.
D.Â
A statement that the securing of structure/building shall
commence within seven days of service of notice of violation and shall be
completed within 30 days of the service of notice. Notice of demolition and
removal shall commence within 30 days of notice and be complete within 60
days, unless for good cause shown such time shall be extended.
E.Â
A date and time and place for a hearing before the Town
Board in relation to unsafe or unfit structure and/or equipment shall be scheduled
not less than five business days from the date of violation notice.
F.Â
A statement that in the event of neglect or refusal to
comply with the order to secure or demolish and remove the building, the Town
Board is authorized to provide for the demolition and removal, to assess all
expenses thereof against the land on which it is located and to institute
a special proceeding to collect the costs of demolition, including all legal
costs.
Said notice shall be served:
A.Â
By personal service of a copy thereof upon the owner,
executor, administrator, agent, lessee or any person having vested or contingent
interest in such unsafe building as shown by the records of the Receiver of
Taxes or the County Clerk: or, if no such person can be reasonably found,
by mailing such owner by registered mail a copy of such notice directed to
last known address as shown by the above records.
B.Â
By personal service of a copy of such notice upon any
adult person residing in or occupying said premises if such person can be
reasonably found.
C.Â
By securely affixing a copy of such notice upon the unsafe
structure/building.
A copy of the notice served as provided herein shall be filed in the
office of the County Clerk of the County of Ontario.
In the event of the refusal or neglect of the person so notified to
comply with said order of the Town Board and after the hearing, the Town Board
shall provide for the demolition and removal of such building/structure by
contract. Except in emergency as provided for herein hereof, any contract
for the demolition and removal of a building in excess of $20,000 shall be
awarded through competitive bidding.
All expenses incurred by the Town in connection with the proceedings
to repair and secure or demolish and remove the unsafe building, including
the cost of actually removing such building, shall be assessed against the
land on which such building is located and shall be levied and collected in
the same manner as provided in Article 15 of the Town Law for the levy and
collection of a special ad valorem levy.
