[HISTORY: Adopted by the Town Board of the
Town of Rochester 8-1-1985 by L.L. No. 4-1985; amended in its entirety
at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Amendments noted where applicable.]
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:
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.
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.
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.
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.
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:
By reason of being detrimental to the general
health of the community.
By reason of being a fire hazard.
By reason of being unsafe for occupancy or use
on, in, upon, about or around above-said premises.
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.
By reason of being an unsafe building or structure
as defined in this chapter.
Any building or structure or portion thereof which:
Has any of the following defects:
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.
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.
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.
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.
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.
Those which have parts thereof which are so
attached that they may fall and injure members of the public.
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.
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.
Because of its structural condition is or may
become dangerous or unsafe to the public.
Is or may become a place of rodent infestation.
Consists of debris, rubble or parts of buildings
left on the ground after demolition, reconstruction, fire or other
casualty.
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.
A.
Whenever the Building Inspector suspects the existence
of a public nuisance or dangerous building, he shall inspect the premises
on which the suspected nuisance exists upon being granted permission
by the owner or person in control of the premises or after having
obtained an appropriate warrant or, if sufficient, upon an inspection
without entering the premises. A written report of the inspection
and the findings with respect to the existence of a public nuisance
or dangerous building shall be prepared by the Building Inspector
and filed with the Town Clerk.
B.
If the Building Inspector determines that a public
nuisance or dangerous building exists, he shall cause a written notice
to be served on the owner setting forth the findings with respect
to the premises, its ownership, the existence of a public nuisance
or dangerous building, a description of the particulars and a statement
of why it is either a nuisance or dangerous and stating that unless
the owner thereof shall cause the abatement of the public nuisance
or dangerous building by rehabilitation or by removal of the building,
structure or nuisance, the same will be abated or removed by the town
at the expense of the owner. Said notice shall state that the owner
must commence to comply with the order of the Building Inspector within
10 days after service of the notice or such other time as the Building
Inspector determines and be completed within the time prescribed by
the Building Inspector and that a building permit must be obtained
in accordance with the provisions of the Town of Rochester.
D.
Abatement of public nuisance or dangerous building.
(1)
Upon being served notice, the owner may, within 10
days after receipt of notice, make application to the Building Inspector
to undertake the repairs or replacement of items found to constitute
a public nuisance or danger.
(2)
Adequate plans and specifications, as required by
the Building Inspector and by the Town of Rochester Code covering
said repairs or replacements, shall be furnished by the owner to the
Building Inspector within 10 days after receipt of notice or such
additional time, not to exceed 90 days, as the Building Inspector
may deem necessary to complete plans and specifications.
(3)
The Building Inspector shall, upon approval of the
plans and specifications and upon site plan approval if required by
local law, cause a building permit to be issued to the owner. The
building permit shall be valid for a period of 90 days, and within
that time the owner shall effect and complete the repairs and/or replacements.
The Building Inspector may grant an extension of the building permit
if the owner shows reason or cause for the requested extension.
(4)
Upon being served notice, the owner may, within 10
days, make application to the Building Inspector for a demolition
permit to abate the nuisance completely by demolition and removal
of the structure. The demolition permit shall be valid for a period
of 30 days, and within that time the owner shall completely demolish
and remove the building and, if required by the Building Inspector,
fill in open pits and enclose the lot with a fence at least six feet
in height approved by the Building Inspector. The Building Inspector
may grant an extension of the demolition permit if the owner shows
reason or cause for the requested extension.
E.
Appeal hearing of public nuisance structures.
(1)
The owner may, within 10 days after receipt of notice,
make a demand, in writing, to the Building Inspector for a hearing
on the question of whether in fact a public nuisance or dangerous
building exists. The hearing shall be held within a reasonable time,
not to exceed 30 days following receipt of the written demand, and
at least five days' notice, in writing, of the hearing shall be given
to the owner. The hearing shall be conducted by a hearing officer
appointed by the Town Board. The hearing officer may:
(a)
Sustain the finding that a public nuisance or
dangerous building exists on the property and order the abatement
thereof by repair or replacement of the items found to constitute
a public nuisance or danger or order the abatement thereof by demolition;
(b)
Reject or modify the findings of the Building
Inspector; or
(c)
Take such other action and render such other
orders as he deems appropriate within the authority conferred by this
chapter.
(2)
A copy of the findings of fact and decision of the
hearing officer shall be promptly served upon the owner and his attorney,
if any, the Building Inspector and the Town Board and shall be filed
with the Town Clerk. The Town Board shall review the evidence and
determination and may accept, reject or modify the determination of
the hearing officer. Any person aggrieved by the decision may appeal
said decision directly to the Supreme Court of the State of New York
pursuant to Article 78 of the Civil Practice Law and Rules. Such a
proceeding shall not stay further action pursuant to this chapter
unless the court so orders.
F.
Abatement of nuisance or dangerous building by town;
demolition of structure. Should the nuisance or danger not be abated
at the expiration of the time stated in the notice or expiration of
the time stated in the building permit or any extensions granted by
the Building Inspector or such additional time as the Town Board may
grant, the Building Inspector or his designee shall be authorized
at any time thereafter to enter upon the premises, and the owner shall
permit him entry, to abate the nuisance or danger by demolition and
removal of the structure or by repair, replacement or removal, whichever
shall be appropriate in the opinion of the Building Inspector if no
appeal has been filed or in the opinion of the Town Board if a hearing
has been deemed and held. In abating such nuisance or danger, the
Building Inspector may request the Supervisor to provide whatever
assistance may be necessary to abate such public nuisance or danger
as aforesaid or may, by private contract, abate such public nuisance,
and the cost of said contract may be paid for from town funds.
G.
Owner responsible for the cost of work. Whenever the
town has eliminated a hazard or has paid any other person or corporation
to perform said work, the actual cost thereof plus accrued interest
at the rate of 12% per annum from the date of completion of said work
shall be charged to the owner of said property. If the owner of said
property does not pay said charges, they shall be included as a part
of the next town tax bill, and said charge shall be due and payable
by said owner at the time of payment of said bill.
H.
Statement constitutes lien. Where the full amount
due the town is not paid by such owner within 10 days after the town
has eliminated said hazard, then and in that case the Building Inspector
shall file a sworn statement with the Town Clerk showing the cost
and expense incurred for the work, the date the work was done and
the location of the property on which said work was done. The recordation
of such statement shall constitute a lien and privilege on the property
and shall remain in full force for the amount due in principal and
interest, plus court costs, if any, for collection until final payment
is made. Said costs and expenses shall be collected by the manner
fixed by law for the collection of taxes. Sworn statements recorded
in accordance with the provisions hereof shall be prima facie evidence
that all legal formalities have been complied with and that the work
has been done properly and satisfactorily and shall be full notice
to every person concerned that the amount of the statement, plus interest,
constitutes a charge against the property designated or described
in the statement and that the same is due and collectible as provided
by law.
I.
Emergency procedures. Whenever the conditions described in Subsection A of this section constitute such an immediate hazard that the building or structure must be secured or demolished forthwith or within less than the designated period, and if the Building Inspector so determines or the Fire Chief so determines and notifies the Building Inspector, the Building Inspector may cause such building or structure to be secured or demolished after giving such notice to the owner or the person in charge as circumstances permit or without notice when, in the opinion of the Fire Chief or Building Inspector, immediate action is necessary. If notice cannot be given to the owner or person in charge prior to such action, notice shall be given to the owner or person in charge within seven days thereafter in accordance with the provisions of Subsections B and C herein.
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.
