[HISTORY: Adopted by the Board of Trustees
of the Village of Millerton 2-23-1998 by L.L. No. 1-1998. Amendments noted where
applicable.]
"Dangerous buildings" shall mean any building
or structure which has any or all of the following conditions:
A.
Those where any interior wall or walls or other structural
load-bearing members list, lean or buckle to such an extent that a
plumb line, passing from any overhead supporting member through the
center of gravity, falls outside the middle third of its base.
B.
Those which, exclusive of the foundations, show 33 1/3%
or more of deterioration of the supporting member or members or 50%
or more damage to or deterioration of the nonsupporting, enclosing
or exterior wall or covering.
C.
Those which have improperly distributed loads upon the floors or roofs or in which the floors or roofs are overloaded or which have insufficient strength to be reasonably safe for the purpose used and which do not meet the minimum standards prescribed by Chapter 91, Fire Prevention and Building Construction.
D.
Those having inadequate or insufficient facilities for ingress and egress in the event of fire, panic or other emergency or those having insufficient stairways, elevators, fire escapes, aisles, passageways, corridors or other means of access and which do not meet minimum standards prescribed by Chapter 91, Fire Prevention and Building Construction.
E.
Those which have parts thereof which are so attached
or connected in such a manner that they may fall, collapse or cause
damage and injury to the occupant thereof or other persons or property.
F.
Those which, in whole or in part, are used for residential,
mercantile, industrial, storage, assembly, institutional or any other
purpose, for want of repair, lack of sufficient fire escapes or exits,
or by reason of age, fire or dilapidated condition, or from any other
cause, may now be, or shall at any time hereafter become, unsafe or
dangerous structurally or a fire hazard or a nuisance to the general
public.
G.
A vacant building, unguarded or open at a door or
window.
H.
Those which have been damaged by fire, wind, act of
vandalism or other causes so as to have become dangerous to life,
safety, morals or the general health and welfare of the occupants
or the people of the Village of Millerton.
I.
Those which have become or are so dilapidated, decayed,
unsafe, insanitary or which so utterly fail to provide the amenities
essential to decent living that they are unfit for human habitation,
as are likely to cause sickness or disease, so as to work injury to
the health, morals, safety or general welfare of those living therein.
J.
Those having light, air and sanitation facilities
which are inadequate to protect the health, morals, safety or general
welfare of human beings who live or may live therein.
K.
Those buildings or structures in which there exist
violations of any provisions of any code, ordinance or law of the
Village of Millerton or any governmental agency having jurisdiction,
so as to have become dangerous to life, safety, morals or the general
health and welfare of the occupants or the people of the Village of
Millerton.
L.
Those which, in whole or in part, have an existing
electrical wiring system which is defective or which fails to meet
ventilation requirements as prescribed by applicable provisions of
law, or which have plumbing, sewage or drainage facilities that are
not in conformity with applicable building and plumbing codes, or
which is overcrowded.
Any dangerous building within the terms of § 72-1 is hereby declared to be a public nuisance and shall be vacated and/or repaired, secured, demolished and removed as hereinafter provided.
As used in this chapter, the following terms
shall have the meanings indicated:
The Code Enforcement Officer of the Village of Millerton.
Includes the owner of record of any premises, a mortgagee,
a tax lien purchaser, a lienor and any other person having a vested
or contingent interest in said premises and anyone exercising rights
of ownership therein as indicated by the records of the County Clerk
of Dutchess County or by the records of the Village Assessor.
The fastening, nailing, tacking or substantially securing
by any other means of any notice, survey, order, directive or official
decision on a building or structure.
Includes any alteration, structural changes or the performance
of any act necessary for the elimination of any hazardous, dangerous
or unsafe condition of any dangerous building within the purview of
this chapter.
A written determination after an on-site inspection, by a
designated inspector of the Village of Millerton, in conjunction with
a registered architect or licensed professional engineer, appointed
by the Village Board, to be made after refusal or neglect of said
person who has been served with a notice to make safe, repair or demolish
and remove any dangerous building.
The Code Enforcement Officer shall have jurisdiction
for the purpose of demolishing, taking down or removing any dangerous
building, for taking remedial action toward making any such building
safe and secure or for compelling any such building to be vacated
by its occupants or to otherwise enforce the provisions of this chapter.
A.
Upon receipt of information that a building or structure
may be dangerous, the Code Enforcement Officer shall cause an investigation
of the premises to be made and an inspection report submitted and
filed in this office.
B.
After the report is filed in his office, and if the report shall confirm the existence of a dangerous building as defined in § 72-1 of this chapter, the Code Enforcement Officer shall cause a notice to be served upon the owner or his executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the same, either personally or by registered or certified mail, addressed to the last known address, if any, of the owner or his executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Village Assessor or the Dutchess County Clerk. The receipt of the postmaster for such registered or certified mail or the affidavit of the person mailing it shall be sufficient evidence of the service of the notice. This notice shall be served personally or by registered or certified mail, and if by such mail, a copy of the notice shall be posted on the premises.
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building
or structure is unsafe or dangerous.
C.
An order directing that the building or structure
is to be made safe and secure or demolished and removed, which order
may include a direction that the premises be vacated.
D.
An order that the repairing, securing or removal of
such building or structure shall commence and be completed as set
forth therein, unless for good cause shown such time may be extended
by the Code Enforcement Officer.
In the event that the whereabouts of the owner of the premises or his executors, legal representatives, agents, lessees or any other persons having a vested or contingent interest in the same are unknown and cannot be ascertained after that exercise of reasonable diligence by the Code Enforcement Officer or his authorized representative and an affidavit to that effect is on file in the Building Department, then service of the notice as provided in §§ 72-5 and 72-6 of this chapter shall be made by publishing said notice once a week for two successive weeks in the official newspaper of the village, with proof of publication to be filed in the office of the Building Department.
Within five days of personal service, mailing
or service by publication of the notice set forth above, the person
to whom the notice is directed shall certify his written acceptance
or rejection of the particulars and order contained in the notice,
by either personal service or registered mail upon the Code Enforcement
Officer. Failure to notify the Code Enforcement Officer as herein
prescribed shall constitute a rejection of the notice.
If within the five-day period described in § 72-8 the person served with the notice shall indicate in writing his assent to the repairing, securing or removal of the dangerous building, he shall comply with the provisions of the notice.
A.
Upon refusal, neglect or failure of the person or
persons served with a notice and order to comply with the requirements
therein or upon his or their rejection of such notice, a notice of
survey shall be served upon him by the Code Enforcement Officer, either
in person or by registered or certified mail, giving notice that a
survey of the premises described in the notice will be made at a time
and place therein specified, and if the service of the notice is made
by mail, a copy of the notice shall be posted on the building or structure.
B.
The notice of survey shall state the date, time and
place of the survey and that in the event that the report of such
survey indicates that such building or structure is dangerous, an
application will be made to the Supreme Court of the State of New
York, held in and for the County of Dutchess, for an order determining
that the building or structure is unsafe and directing either that
it shall be repaired, secured or removed at the expense of the owner
and for such other relief as shall be required to bring the building
or structure into compliance with the provisions of this chapter or,
upon failure to do so, that the same may be done by the Village of
Millerton at the owner's expense.
A.
The survey shall be made by two persons, one of whom
shall be the Code Enforcement Officer or a building inspector designated
by him and the other shall be a registered architect or a licensed
professional engineer appointed by the Village Board.
B.
Within a reasonable time after the survey is completed,
the determination thereof shall be made by such persons in writing
and filed in the office of the Code Enforcement Officer, and a copy
thereof shall be posted on the subject building or structure.
C.
The two persons designated pursuant to the provisions of Subsection A hereof shall make the survey. Should they disagree, the Village Board shall appoint a third person to take part in the survey who shall be either a practical builder, licensed professional engineer or registered architect. The decision of said third person shall be final.
Any architect, engineer or builder appointed
by the Village Board as hereinbefore provided who may act on any survey
required by this chapter shall be paid for his services in an amount
determined by the Village Board.
The following standards shall be followed in
substance by the Code Enforcement Officer in ordering the repairing,
securing or removal of any dangerous building:
Whenever the survey shall determine that the
building or structure surveyed is dangerous, an application shall
be made to the Supreme Court of the State of New York, on appropriate
notice, for an order determining that the building or structure is
dangerous and directing either that it shall be repaired and secured
or that it shall be demolished and removed, and/or that the occupants
be ordered to forthwith vacate the premises, and for such other relief
as shall be required to bring the building or structure into compliance
with the provisions of this chapter.
Upon receipt of the order of the Supreme Court,
the Code Enforcement Officer shall thereupon proceed to execute the
provisions therein contained.
It shall be unlawful for any person to interfere,
obstruct or hinder the Code Enforcement Officer or his representatives
or any person acting in his behalf in complying with the order of
the Supreme Court.
The village shall be reimbursed for the cost
of the work performed, services rendered and materials furnished by
assessment against and collection from the subject real property in
the manner provided for the assessment of the cost of the same by
applicable law, together with appropriate interest.
Any provision of this chapter to the contrary notwithstanding, where it reasonably appears that there is imminent danger to the life or safety of any person unless a dangerous building or structure, as defined herein, is immediately repaired, secured, vacated, demolished or removed, the Code Enforcement Officer may, in his discretion, cause the immediate repairing, securing, vacating, demolition or removal of such dangerous building or structure. The costs of the same shall be collected in the same manner as provided in § 72-17.
Any person or persons violating any provision
of this chapter shall also be subject to any penalty prescribed in
the Code of the Village of Millerton.
