This chapter shall be known as the "Unsafe Building
Law of the Town of Rochester, New York."
The Town Board finds that unsafe buildings and
structures pose a threat to life and property in the Town of Rochester.
Buildings and structures may become unsafe by reason of damage by
fire, the elements, age or general deterioration, and dilapidated
buildings may also serve as a place of rodent infestation, thereby
creating a health menace to the community. Debris, rubble or parts
of buildings left on the ground and not removed constitute a dangerous,
unhealthy and unsightly condition. It is the purpose of this chapter
to provide for the safety, health, protection and general welfare
of persons and property in the Town of Rochester by requiring such
unsafe buildings to be repaired or demolished and removed.
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING
Any house, basement, cellar, wall, cottage, lot, shed, garage,
well, fence, storage tank, underground container, pole, smokestack,
excavation, building, structure or portion thereof used for residential,
business, industrial, recreational or other purpose.
BUILDING INSPECTOR
The Code Enforcement Officer of the Town of Rochester or
such other person appointed by the Town Board to enforce the provisions
of this chapter.
OWNER
The owner(s) of record of the premises in fee or lesser estate
therein, receiver, executor, administrator, trustee or any other person,
firm, partnership or corporation in control of a building or the duly
authorized agent of any of the aforementioned.
PORTION OF BUILDING OR STRUCTURE
Any debris, rubble or parts of buildings or structures which
remain on the ground or on the premises after demolition, reconstruction,
fire or other casualty.
PUBLIC NUISANCE OR DANGEROUS BUILDING
All buildings or structures which, by reason of their condition,
endanger or may endanger the health, life, limb or property or cause
any hurt, harm, inconvenience, discomfort, damage or injury to the
health, life, limb or property of the people of the Town of Rochester
in any of the following ways shall be deemed to be a public nuisance:
A.
By reason of being detrimental to the general
health of the community.
B.
By reason of being a fire hazard.
C.
By reason of being unsafe for occupancy or use
on, in, upon, about or around above-said premises.
D.
By reason of continued vacancy, thereby resulting
in lack of reasonable or adequate maintenance of structures and grounds
and causing a deteriorating and blighting influence on nearby properties
and thereby depreciating the enjoyment and use of the property in
the immediate vicinity to such an extent that it is harmful to the
community in which such structure is situated.
E.
By reason of being an unsafe building or structure
as defined in this chapter.
UNSAFE BUILDING OR STRUCTURE
Any building or structure or portion thereof which:
A.
Has any of the following defects:
(1)
Those whose interior walls or other vertical
structural members list, lean or buckle to such an extent that a plumb
line passing through the center of gravity falls outside of the middle
third of its base.
(2)
Those which, exclusive of the foundation, show
33% or more of damage or deterioration of the supporting member or
members or 50% of damage or deterioration of the nonsupporting enclosing
or outside walls or covering.
(3)
Those which have improperly distributed loads
upon the floors or roof or in which the same are overloaded or which
have insufficient strength to be reasonably safe for the purpose used.
(4)
Those which have been damaged by fire, wind
or other causes so as to become dangerous to life, safety, morals
or the general health and welfare of the occupants or the people of
the Town of Rochester.
(5)
Those which have become or are so dilapidated,
decayed, unsafe, 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.
(6)
Those which have parts thereof which are so
attached that they may fall and injure members of the public.
(7)
Those which, because of their condition, are
unsafe, unsanitary or dangerous to the health, morals, safety or general
welfare of the people of the Town of Rochester.
(8)
Those buildings existing in violation of any
provisions of the building code or any provisions of the Fire Prevention
Code or other ordinance or local law of the Town of Rochester or the
State of New York.
B.
Because of its structural condition is or may
become dangerous or unsafe to the public.
C.
Is or may become a place of rodent infestation.
D.
Consists of debris, rubble or parts of buildings
left on the ground after demolition, reconstruction, fire or other
casualty.
E.
Presents any other danger to the health, safety,
morals and general welfare of the public.
It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Town of Rochester to maintain such building or structure or portion of any building or structure in any condition or manner which shall be unsafe as defined in §
66-3 of this chapter.
Proper service of any notice required by this
chapter shall be made by personal service or by certified mail upon
this record owner or the person having control of said building or
structure at his last known address and by posting a copy of the notice
in a conspicuous place on the building or structure.
Any person upon whom a notice as provided in
this chapter has been served who fails, neglects or refuses to place
such unsafe building or structure in a safe condition as designated
in such notice or who shall violate any of the provisions of this
chapter or orders given pursuant thereto or who shall resist or obstruct
the Code Enforcement Officer in carrying out the provisions of this
chapter shall, upon conviction thereof, be subject to a fine of not
more than $250. Each day in which such violation continues shall constitute
a separate offense. This fine shall be in addition to all other remedies
available to the town, including those set forth herein.
The provisions of this chapter shall not be
deemed to be a limitation or restriction on the authority of any department,
official or employee of the town pursuant to any other ordinance,
local law, statute or other enactment of the town or State of New
York.
The owner or person in charge of a building
or structure who shall fail to comply with any notice or order herein
shall, upon conviction thereof, be fined an amount not to exceed $250
for each offense. Each day of such failure to comply shall constitute
a separate offense.