It shall be the duty of the Commissioner to attach to any building
within the City, which shall be reported to him after inspection by
one of the inspectors to be unsafe, a notice that the same is dangerous;
and no person shall deface or remove any such notice. If any such
building shall be used for any purpose requiring a license therefor,
the City may, upon neglect on the part of the owner or lessee, after
five days' notice from the Commissioner to repair such building,
revoke said license, and the Commissioner may cause such building
to be repaired and put in safe condition; and the expense therefor
shall be assessed upon the premises upon which the building stands.
If any building used as a dwelling is damaged by fire or otherwise
so as to cause the vacating of any part thereof that is used as a
dwelling for a period of one week or more, the owner or agent shall
notify the Department for inspection of the premises for approval
by the Department as to compliance with this chapter before reoccupancy.
If any dwelling is vacated for any period of time, the dwelling unit,
before being reoccupied, shall be in a clean, sanitary condition.
Every building which shall appear to the Commissioner to be
dangerous in case of fire, by reason of bad condition of walls, overloaded
floors, defective construction or other causes, shall be held to be
unsafe; and the Commissioner shall immediately notify the owner to
make the same safe and secure or to take the same down. He shall also
affix to a conspicuous place on the exterior wall of such building
a notice of the dangerous character of the structure, and said building
shall not thereafter be used until the same is made safe and secure.
The owner of any building or structure or any part or parts
thereof which become or are abandoned, dilapidated, deteriorated,
decayed or unattractive from any cause so as to endanger the health,
safety or welfare of the public shall repair, demolish or remove the
same.
The Commissioner or his designee shall cause an inspection of any premises alleged to be in violation of §
113-5 to be made, and he shall thereafter prepare and file in this office a report of said inspection.
When it shall be determined by the Commissioner that a building or structure or any part or parts thereof are not in compliance or conformity with the provisions of §
113-5 of this chapter, he shall immediately serve notice upon the owner and all other persons having an interest in such property or structure as hereinafter provided.
The aforementioned notice shall contain a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous or otherwise is in violation of §
113-5 hereof and an order of the Commissioner requiring the same to be repaired, demolished or removed; and a statement that, if such owner so served shall fail to commence within 30 days from the service of said notice the City of Buffalo shall have the right to repair, demolish or remove such building or structure an that all costs and expenses incurred by the City in connection with the proceedings to repair, demolish or remove such building or structure, including the cost of actually removing or demolishing the same will be assessed against the land on which such building or structure is located, and, in addition to the foregoing, the City of Buffalo will thereafter effect the collection of said costs and expenses arising out of the work performed by it from the party or parties responsible therefor under the provisions §
113-14; a place and time of the hearing shall be as provided in §
113-10 of this chapter.
[Amended 12-9-2003, effective 12-19-2003]
The Commissioner shall keep in his office a record of all buildings not in compliance with §
113-5 hereof, with additional information showing the action taken by him, from time to time, relative to each property and, by not later than April 1 of each year, report to the Common Council all premises upon which work has been performed by the City, the name of the owner and the expenses incurred in the repair, demolition or removal that are unpaid, whereupon the Common Council shall order the assessment against said premises for the several sums so reported and the collection of the costs and expenses hereinabove referred to from the party or parties responsible therefor under the provisions of §
113-14.
Any person, firm, partnership or corporation violating §
113-5 hereof shall also be liable for the fine or penalty generally prescribed by this Code.
Any person, firm, partnership or corporation who is the owner,
occupant or mortgagee in possession of premises or who shall have
exercised dominion and control over said premises at the time they
became abandoned, dilapidated, deteriorated, decayed or unattractive
shall be personally liable for the cost of demolition, including the
incidental charge for the plugging of the water and sewer lines in
those instances where it is necessary for the City of Buffalo to cause
said work to be done. This section shall be applicable notwithstanding
any fine or penalty imposed pursuant to the provisions of this chapter.
Every wooden or frame building with a brick or other front which
may hereafter be damaged by fire or otherwise to an amount not greater
than 1/2 of its value may be repaired or rebuilt; but if such damage
shall amount to more than 1/2 of such value thereof, exclusive of
the foundation, then such building shall not be repaired or rebuilt
but must be taken down. The amount and extent of such damage by fire
or otherwise shall be determined by one surveyor appointed by the
Commissioner and one surveyor appointed by the owner or owners of
said premises; and in case these two do not agree, they shall appoint
a third party, and a decision of a majority of them, reduced to writing
and sworn to, shall be conclusive. Such building shall in no manner
be repaired or rebuilt until after such decision shall have been rendered;
and in case of refusal of the owner to submit to such appraisal, no
permit shall be granted.