City of Cortland, NY Chapter 104 Buildings, Dangerous

[HISTORY: Adopted by the Common Council of the City of Cortland 8-5-1969 as Ch. 5, Art. III, of the 1969 Code of Ordinances; amended in its entirety 12-16-2003 by L.L. No. 4-2003. Subsequent amendments noted where applicable.]

§ 104-1 Declaration of nuisance; abatement required.

It shall be unlawful to maintain or permit the existence of any building or structure which, for any cause, endangers the health, safety or welfare of the public. It shall also be unlawful to maintain or permit the prolonged existence of any building or structure which is unfit for occupancy. All such buildings or structures are hereby declared to be illegal and a nuisance and shall be abated by repair or removal in accordance with the procedure set forth in this chapter.

§ 104-2 Examination of buildings or structures reported dangerous or unfit for occupancy.

The Code Enforcement Officer shall inspect every building or structure reported to be dangerous to the health, safety or welfare of the public or which is unfit for occupancy.

§ 104-3 Report of inspection.

Whenever the Code Enforcement Officer shall be of the opinion that any building or structure is, for any cause, dangerous to the health, safety or welfare of the public or is unfit for occupancy, a written report of such findings shall be filed with the City Clerk.

§ 104-4 Service of notice of condition.

After receipt of the report of condition, as provided in § 104-3, the City Clerk shall thereupon cause written notice thereof to be served upon the owner, and all other persons having an interest in such property or structure, either personally or by registered mail, addressed to the last known address as shown by the records of the Director of Administration and Finance and/or in the office of the Clerk of the County of Cortland, and if such service be made by registered mail, by the posting of a copy of such notice on the premises.

§ 104-5 Filing with County Clerk.

The City Clerk shall file a copy of the written notice provided for in § 104-4 in the office of the Clerk of the County of Cortland.

§ 104-6 Contents of notice.

The notice provided for in § 104-4 shall contain the following:

A. A statement that the building or structure has been declared to be dangerous to the health, safety or welfare of the public; or unfit for occupancy;

B. A statement of the particulars in which said building or structure is unsafe or dangerous, or unfit for occupancy;

C. An order of the Code Enforcement Officer requiring that such particulars be repaired or removed;

D. A notice containing the time and place at which a hearing will be held before the Code Enforcement Officer for all interested parties to be heard and give evidence regarding the determination of said Code Enforcement Officer. Such hearing shall be held not less than two days nor more than five days after the service of said notice;

E. The time within which the owner so served shall commence the repair or removal of such building or structure; and

F. The time within which the owner so served shall complete the repair or removal of such building or structure.

§ 104-7 Noncompliance with notice regarding dangerous building or structure.

In the event that an owner or other interested party fails, neglects or refuses to comply with a notice to repair or remove a dangerous building or structure within the time limits specified in the notice provided for herein, the Code Enforcement Officer shall, upon order of the Common Council, promptly cause the affected building or structure to be repaired or removed. For this purpose, the Code Enforcement Officer may at once enter such building or structure and with such assistance and at such cost as may be necessary.

§ 104-8 Noncompliance with notice regarding building or structure unfit for occupancy.

A. In the event that an owner or other interested party fails, neglects or refuses to comply with a notice to repair or remove a building or structure which is unfit for occupancy within the time limits specified in the notice provided for herein, the Code Enforcement Officer shall order that, within 10 days, all of the openings in said building or structure be boarded up or otherwise protected from the weather and the intrusion of trespassers. In the event that the building or structure is not secured as ordered hereinabove, the Code Enforcement Officer shall, upon order of the Common Council, promptly cause the affected building or structure to be so secured. For this purpose, the Code Enforcement Officer may at once enter such building or structure and with such assistance and at such cost as may be necessary.

B. Upon securing the building or structure as ordered hereinabove, the owner shall present to the Code Enforcement Officer, within six months, a plan for rehabilitation and suitability for occupancy, which plan shall detail the work to be performed and a time table for its completion, which time table shall not exceed 12 months. In the event that the owner fails to file such a plan, the Code Enforcement Officer shall, upon order of the Common Council and upon 10 days' notice, cause the affected building or structure to be removed. For this purpose, the Code Enforcement Officer may at once enter such building or structure and with such assistance and at such cost as may be necessary.

C. In the event that the owner shall file a plan pursuant to Subsection B supra and fail thereafter to obtain a building permit within 60 days of filing such a plan or having obtained a building permit and having failed to commence the rehabilitation of the building or structure, the Code Enforcement Officer shall, upon order of the Common Council and upon 10 days' notice to the owner, cause the affected building or structure to be removed. For this purpose, the Code Enforcement Officer may also at once enter such building or structure and with such assistance and at such cost as may be necessary.

§ 104-9 Emergency posing imminent danger.

In the event that the condition of a building or structure is so dangerous as to constitute an emergency which in the opinion of the Code Enforcement Officer involves imminent danger to the health, safety or welfare of the public, the Code Enforcement Officer may, upon order of the Common Council, immediately cause the affected building or structure to be made safe or removed without notice or hearing. For this purpose, the Code Enforcement Officer may at once enter said structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as may be necessary. The Code Enforcement Officer may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary, and for this purpose may close a public or private way.

§ 104-10 Recovery of costs and expenses.

All costs and expenses incurred by the City in connection with proceedings to repair or remove a building or structure, as provided in this chapter, including the cost of actually repairing or removing the same, shall be assessed against the land on which said building or structure is located and shall be collected by the Director of Administration and Finance in the same manner as other special assessments are collected.