[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:
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.
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.
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.
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.
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.
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.
A vacant building, unguarded or open at a door or window.
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.
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.
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.
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.
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:
- CODE ENFORCEMENT OFFICER
- 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.
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.
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 description of the premises.
A statement of the particulars in which the building or structure is unsafe or dangerous.
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.
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.
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.
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.
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.
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.
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.