As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any structure, house, shed or other man-made structure or
part thereof used for residential, business, industrial or any other
purpose.
[Added 9-25-1990 by L.L. No. 8-1990]
PERSON
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities capable of being sued.
[Amended 9-25-1990 by L.L. No. 8-1990]
This chapter will be enforced by the Code Enforcement Officer
of the Village of Medina.
All buildings or structures situate within the corporate limits
of the Village of Medina, New York, in business, industrial, multiple-dwelling
and residential sections that, from any cause, may now have or shall
hereafter have any or all of the following defects shall be deemed
"dangerous buildings":
A. Those whose interior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
B. Those which, exclusive of the foundation, show 33% or more of damage
or deterioration of the supporting member or members or 50% of damage
or deterioration of the nonsupporting enclosing or outside walls or
covering.
C. Those which have improperly distributed loads upon the floors or
roofs or in which the same are overloaded or which have significant
strength to be reasonably safe for the purpose used.
D. Those which have been damaged by fire, wind 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 Medina,
New York.
E. 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 or are likely to cause
sickness or disease so as to work injury to the health, morals, safety
or general welfare of those living therein.
F. Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
G. Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
H. Those which, because of their condition, are unsafe, insanitary or
dangerous to the health, morals, safety or general welfare of the
people of the Village of Medina, New York.
I. Those buildings existing in violation of any provisions of any Building
Code of the Village of Medina, New York, now or hereafter adopted.
All dangerous buildings within the terms of §
84-3 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated, demolished or removed as hereinbefore and hereinafter provided.
[Amended 9-25-1990 by L.L. No. 8-1990]
The Code Enforcement Officer shall:
A. Inspect any building, wall or structure about which complaints are
filed by any persons to the effect that a building, wall or structure
is or may be existing in violation of this chapter.
B. Inspect any building, wall or structure reported by the Medina Fire
Department or any officer or member thereof or reported by the Police
Department of said Village or any officer thereof to either such Code
Enforcement Officer or to the Board of Trustees as probably existing
in violation of the terms of this chapter or reported as aforesaid
to be suspected to be existing in violation of the terms of this chapter.
C. Inspect any building, wall or structure concerning which he has reasonable
grounds to suspect that the same is or may be existing in violation
of this chapter.
D. As expeditiously as possible, and not later than 30 days immediately
following his examination and inspection, report in writing and file
such report with the Village Clerk, stating the date of his inspection
and stating the particulars in which the building or structure is
unsafe or dangerous or violative of this chapter.
E. Serve or cause to be served, in the manner and upon such person or persons as prescribed by §§
84-6 and
84-7 of this chapter, all notices and orders hereafter specified in §§
84-6 and
84-7 hereof and attend to the posting of all notices, orders and surveys provided for by this chapter.
F. Act as one of the surveyors as an official of the Village of Medina,
New York, in all cases where a survey is required.
G. Perform such other and further duties as may lawfully be delegated
by the Board of Trustees.
[Amended 9-25-1990 by L.L. No. 8-1990]
Upon the filing of his report with the Village Clerk, as heretofore provided in §
84-5D hereof, or at any time thereafter whenever, in the opinion of the Code Enforcement Officer, any building or structure or any part thereof in the business, industrial, multiple-dwelling or residential sections in the Village of Medina, New York, is, for want of repair or by reason of age or dilapidated condition or for any other cause, either structurally unsafe or from any cause dangerous or unsafe to the public or from any cause violative of the terms of this chapter or from any cause is in such an unsafe condition as to endanger life or property, the Code Enforcement Officer shall have authority to order any owner, agent or person in possession, charge or control of such building or structure or any part thereof to put the same in a safe condition and to repair and secure the same or to take down and remove the same or any part thereof within such reasonable time as may be determined by the Code Enforcement Officer in such order; provided, however, that in all cases such order shall fix the time when compliance therewith shall commence at not more than 10 days after the service thereof, and provided further that, except in case of emergency, not less than 30 days shall be allowed in such order for completion of compliance therewith. The Code Enforcement Officer shall serve or cause to be served a notice, in writing, on the owner or some one of the owner's executors, legal representatives, agents or lessees and upon any other person or persons having a vested or contingent interest in such building or structure or any part thereof, which notice shall contain a description of the premises and a statement of the particulars in which the building or structure is unsafe or dangerous, and which notice shall be served as herein provided concurrently with an order requiring said building or structure to be made safe and secure or removed. Such notice and order shall be served or caused to be served 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 or lessees and other person or persons having a vested or contingent interest in said building or structure or any part thereof as shown by the records of the Orleans County Treasurer and the Orleans County Clerk. The Code Enforcement Officer shall post or cause to be posted conspicuously on the outer exterior wall of such premises, at the time of such service or within a reasonable time thereafter, a copy of such notice and order. Such notice and order shall remain posted until the required changes have been made, and it shall be unlawful for any person to remove, deface or destroy such notices without permission of the Code Enforcement Officer.
A copy of the report of the survey shall be posted on the building
which is the subject thereof by the persons holding the survey immediately
on their signing such report.
The practical builder, the engineer or the architect named by
the Board of Trustees as hereinbefore provided who may act on any
survey called in accordance with this chapter and the practical builder,
engineer or architect appointed as hereinbefore provided by the person
or persons notified as hereinbefore provided shall each be entitled
to and receive a fee to be fixed by the Village Board, to be paid
by the Village Treasurer. A cause of action is hereby created for
the benefit of the Village against the owner of said building or structure
and against the owner of the lot or parcel of land on which the same
is situated for the amount so paid with interest. The amount so collected
shall be paid to the Village Treasurer in reimbursement of the amount
paid by him as aforesaid.
All costs and expenses incurred by the Village in connection
with the proceedings to remove, demolish, repair or vacate any dangerous
building or structure as hereinbefore defined, including all surveyor's
fees, attorneys' fees, advertising costs, title searches and
all other expenses necessarily incurred in such proceedings, and all
costs and expenses incurred by the Village in connection with the
actual repair, vacating, demolishing or removal of any and all such
buildings or structures under and by the direction of the Board of
Trustees shall, when properly certified by the Board of Trustees,
be audited and paid by the Village in the same manner as other claims
against the Village are audited and paid. A bill for such expenses
incurred by the Village as aforesaid shall be presented to the owner
personally or by leaving the same at his residence with any adult
person or, if he is a nonresident of the Village, by mailing the same
to him at his last known place of residence or, if the name of such
owner or his place of residence cannot be ascertained after due diligence,
by posting the same in a conspicuous place on the premises. If such
owner shall fail to pay the same within 10 days thereafter, the Board
of Trustees shall file, immediately preceding the time for making
the annual assessment roll, a certificate of the actual expenses incurred
as aforesaid, with a statement as to the property in connection with
which such expenses were incurred, with the Assessors of the Village,
who shall, in the preparation of the last assessment roll of general
Village taxes, assess such amount of such actual expenses upon such
property and against each building or structure and the lot or land
upon which the same is situate, and the same shall be levied, collected
and enforced in the same manner, by the same proceedings, at the same
time, under the same penalties and having the same lien upon the property
assessed as the general Village tax and as a part thereof. The imposition
and collection of any fine or penalty prescribed by this chapter or
by any existing ordinance shall not bar the right of the Village to
collect such aforesaid actual expenses as herein prescribed.
In cases of great emergency, where the delay of proceedings as hereinbefore provided would result in probable loss of life or property, the Board of Trustees shall have the power to proceed at once to take such action as is needed to guard the safety of persons and property. In such cases, the Board of Trustees shall have the full power and authority to provide all necessary means therefor, and all expenses therefor shall be paid and collected as provided in §
84-10 hereof.
[Amended 9-25-1990 by L.L. No. 8-1990]
Upon receiving an order from the Supreme Court of the State of New York as provided in §
84-7 hereof, the Code Enforcement Officer shall immediately proceed to execute it as therein directed and may employ such labor and assistance as may be necessary for that purpose.
The remedies of the Village of Medina as herein set forth shall
not be exclusive, but the Village shall have any other and further
remedies, at law or otherwise, now existing or as may be hereafter
provided for under the laws of the State of New York, and any and
all such remedies shall be deemed cumulative, and the pursuit of any
remedy shall not be construed as an election or the waiver of the
right to pursue any and all others.
[Amended 9-25-1990 by L.L. No. 8-1990]
A. It shall be unlawful for any person or corporation to knowingly maintain
or cause to be maintained or to knowingly allow or permit any other
person or corporation or agent, lessee or otherwise to maintain any
dangerous, unsafe or hazardous building, residence or structure, as
herein defined, and any owner, occupant, lessee or other person or
corporation who shall knowingly maintain or cause to be maintained
or knowingly allow or permit to be maintained any such dangerous,
unsafe or hazardous building, residence or structure and who shall
fail to comply with any order or any provisions of any order of the
Supreme Court of the State of New York, obtained as herein set forth,
directing that such unsafe building, residence or structure be demolished
or repaired shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a fine of not less than $125 and not more than
$250 or by imprisonment for not more than 15 days, or both, and each
and every day such failure to comply continues beyond the date fixed
for such compliance by an order of the Supreme Court of the State
of New York, obtained as herein set forth, shall constitute a separate
offense. An adjudication by the Supreme Court of the State of New
York determining that the building, residence or structure is dangerous
and/or unsafe and a public nuisance shall be conclusive evidence of
the fact of the existence of such dangerous or unsafe building, residence
or structure.
B. Any person removing any notice provided for in this chapter shall
be guilty of a violation and, upon conviction thereof, shall be punishable
by a fine of not less than $125 and not more than $250 or by imprisonment
for not more than 15 days, or both, for each offense.