[HISTORY: Adopted by the Board of Trustees of the Village of Hamilton as indicated in article histories Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 58.
Excavation, grading and filling — See Ch. 63.
Fire prevention and building construction — See Ch. 73.
Flood damage prevention — See Ch. 82.
Health and sanitation — See Ch. 96.
Abandoned vehicles — See Ch. 158.
[Adopted 7-26-1983 by L.L. No. 1-1983]
[Amended 1-14-1992 by L.L. No. 1-1992]
A. 
The Code Enforcement Officer of the Village of Hamilton shall inspect all allegedly unsafe or unsanitary buildings and collapsed structures within the Village of Hamilton forthwith upon receiving information concerning such buildings and structures and shall make a written report of his findings to the Village Board at its next meeting.
B. 
The required report of the Code Enforcement Officer shall include recommendations to remedy such unsatisfactory situations as may exist. If said complaint concerns an unsanitary condition, the County Board of Health shall be requested to make an inspection and report to the Code Enforcement Officer for inclusion in his report.
A. 
The Village Board shall, upon receiving the required report:
(1) 
Make an inspection, accompanied by the Code Enforcement Officer, of the reported situation.
[Amended 1-14-1992 by L.L. No. 1-1992]
(2) 
Notify the property owner or his legal representative that a complaint concerning his property has been received and investigated, that resulting reports and recommendations will be considered at a stated regular meeting of the Village Board and that the presence of the property owner or his legal representative is requested at the stated meeting.
B. 
The Village Board shall consider the findings of the Code Enforcement Officer's report and recommendations, the Village Board investigation and such pertinent information brought forth at stated meeting, and if it determines that the building is unsafe or unsanitary or the structure is collapsed or dangerous, the Village Board shall cause to be entered in its minutes an order requiring such building or structure to be specified.
[Amended 1-14-1992 by L.L. No. 1-1992]
C. 
The Village Board, in each case, determines the amount of time to be allowed for making such building or structure safe or sanitary or secure or for removing it and shall allow a reasonable time therefor.
D. 
A notice, together with a certified copy of such order, shall be served on the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having vested or contingent interest in the premises, either personally or by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other persons having a vested or contingent interest in the premises as shown by records of the Receiver of Taxes and/or in the office of the County Clerk, containing a description of the premises and a statement of the particulars in which the building or structure is unsafe, unsanitary or collapsed or dangerous; if such notice is served by registered mail, a copy of such notice and order shall be posted on the premises.
A. 
In the event of neglect or refusal of the person served with the notice to comply with the order of the Village Board requiring such building or structures to be made safe, sanitary or secure or removed, the Village Board shall cause a survey of such premises to be made.
B. 
The Village Board shall designate an inspector and an architect to make such survey.
C. 
The Village Clerk shall notify the person served with the original notice that a survey has been directed to be made by the Village Board. Such notice of survey shall state that a survey will be made by the person designated by the Village Board on a date specified in such notice and that said person may nominate a builder, engineer or architect to assist in the making of such survey; such notice of survey shall be served by registered mail.
(1) 
If said person shall appoint a surveyor, the three so named shall make the survey and submit a written report to the Village Board.
(2) 
The compensation of each surveyor shall be fixed by the Village Board.
(3) 
The surveyor nominated by said person shall be compensated by said person or as provided under § 44-4.
D. 
In the event of refusal or neglect of the person so notified to appoint such surveyor, the inspector and architect designated by the Village Board shall make the survey and report.
E. 
Such notice of survey shall state that in the event the building or structure shall be collapsed or dangerous, an application will be made at a Special Term of the Supreme Court in the Judicial District in which the property is located for an order determining the building or structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.
F. 
A certified copy of the report of survey shall be served by registered mail upon the person originally notified, and a similar copy shall be posted on the building or structure.
All costs and expenses incurred by the Village Board in connection with proceedings to remove or secure an unsafe or unsanitary building or collapsed or dangerous structure, including the cost of actually removing said building or structure, shall be assessed against the land on which said building or structure is located.
[Amended 1-14-1992 by L.L. No. 1-1992]
Any person who violates any provision of this article shall, upon conviction thereof, be punishable by the penalties set forth in Chapter 1, General Provisions, Article II.
[Adopted 5-10-1984 by L.L. No. 3-1984]
It is the finding of the Board of Trustees of the Village of Hamilton that the existence of abandoned and unattended buildings or parts of buildings within the Village of Hamilton, which may or may not be structurally sound, constitute a danger and a threat to the safety, health, comfort and general welfare of this Village. It is thus the intent of this article to provide for the protection of property, the preservation of peace and good order, the suppression of vice, the benefit of trade and the preservation and protection of public works as provided by Article 4, § 4-412 of the Village Law.
The following words and phrases, as used in this article, shall have the meaning hereinafter ascribed to them; all other words and phrases shall have the meaning normally ascribed to them:
BOARD OF TRUSTEES
The duly elected and constituted Board of Trustees of the Village.
BUILDINGS
House, shed, fence or other man-made structure or part of any such house, shed, fence or structure.
VILLAGE
The Incorporated Village of Hamilton.
For the purposes of this article, a dangerous building is declared to be:
A. 
Any building which is dangerous to the public health, safety and general welfare because of its condition and which may cause or aid in the spread of disease or injury to the health, safety or general welfare of the occupants of it or of neighboring buildings; or
B. 
Any building which, because of lack of proper repair, construction or supervision, constitutes or creates a fire hazard; or
C. 
Any building which, because of its condition or because of a lack of proper windows or doors, is available to and frequented by malefactors or disorderly persons.
Any owner, occupant or person in custody of real property located within the Village who allows or permits a building to continue as a dangerous building after due notice as provided in § 44-10 below shall be guilty of a violation of this article and shall be punished as provided in § 44-12 below.
[Amended 1-14-1992 by L.L. No. 1-1992]
Whenever the Board of Trustees shall have reasonable cause to believe that any building in the Village is a dangerous building, a statement setting forth such facts shall be filed by the Mayor with the Village Clerk. The Clerk shall thereupon cause written notice to be served upon the owner thereof and upon the occupant thereof, if any, by registered mail or by personal service. Such notice shall state that the building has been declared a dangerous building and that necessary repairs or improvements must be begun within 15 days after service of such notice or such person or persons will be charged with a violation of this article. Such notice shall be in substantially the following form:
To:
From: The Board of Trustees, Village of Hamilton
You are hereby notified that the Board of Trustees of the Village of Hamilton has determined that the building owned by you and located at _______________________________________, has been declared a dangerous building as provided for and defined in Ch. 44, Art. II, of the Village Code, in that (herein insert particulars) after inspection by the Code Enforcement Officer. In accordance with the provisions of such article, you are hereby directed to begin all necessary repairs or improvements within 15 days after service of this notice. Failure to so comply will result in a violation of Ch. 44, Art. II, of the Village Code, which provides for a penalty, upon conviction, of a fine and/or imprisonment for each week of such violation.
[Amended 1-14-1992 by L.L. No. 1-1992]
In addition to serving notice on the owner as provided in § 44-10 above, the Board of Trustees may, if it determines that the purposes of this article will be further effectuated, order that no person other than the owner or his agent shall enter upon the property and shall post on such property signs indicating "no trespassing." When such a determination is made, notice of such fact shall be included in the notice to the owner referred to in § 44-10 above.
[Amended 1-14-1992 by L.L. No. 1-1992]
Any person who violates any provision of this article or who is found trespassing in violation of § 44-11 shall, upon conviction thereof, be punishable by the penalties set forth in Chapter 1, General Provisions, Article II.