[Ord. No. 74, 5-7-2008]
The purpose of this law is to promote and preserve the health,
safety and welfare of the public and residents and/or owners of property
located within the City by providing a method for the removal or repair
of buildings that, from any cause, may now be or shall hereafter become
dangerous or unsafe to the public and residents and/or owners of property
within the City. Unsafe buildings serve as an attractive nuisance
for young children who may be injured therein; may be a point of congregation
by vagrants and transients; may attract rodents or insects; may be
the target of arsonists; and may also attract illegal drug activity.
The powers conferred upon the City by this law shall be in addition
to all other powers conferred upon the City in relation to the same
subject by state law.
[Ord. No. 74, 5-7-2008]
Any building, structure or portion thereof used for residential,
business or industrial purposes.
The Building Inspector of the City or such other person or
persons appointed by the Commissioner of Codes of the City to enforce
the provisions of this local law.
Includes all buildings which have any or all of the following
defects:
(1)
Those whose interior walls or exterior bearing walls or other vertical
structural members list, lean or buckle to such an extent as to weaken
the structural support they provide;
(2)
Those which, exclusive of the foundation, show 33% or more of damage
to or deterioration of the supporting member or members or 50% of
damage or deterioration of the non-supporting, enclosing or outside
walls or covering;
(3)
Those which have improperly distributed loads upon the floors or
roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used;
(4)
Those which have been damaged by fire, wind or other causes so as
to have become dangerous to life, safety or the general health and
welfare of the occupants of this City;
(5)
Those which have become or are so dilapidated, decayed, vermin infested,
unsafe or unsanitary 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 to those living therein
or adjacent thereto;
(6)
Those having light, air, sanitation facilities, or heat facilities
which are inadequate to protect the health safety or general welfare
of human beings who live or may live therein, with particular reference
to the requirements of the State Uniform Fire Prevention and Building
Code as a determinant;
(7)
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, again referencing the requirements
of the Sate Uniform Fire Prevention and Building Code as a determinant;
(8)
Those which have parts thereof which are so attached that they may
fall and injure members of the public or property;
(9)
Those which consist of debris, rubble or parts of buildings left
on the ground after demolition, reconstruction, fire or other casualty;
(10)
Those which, because of their condition are unsafe, unsanitary,
overcrowded or dangerous to the health, safety or general welfare
of the occupant(s) or people of this City;
(11)
Those which are vacant and open at the doors and windows;
(12)
Those which, because of the failure of the owner or occupant
to comply with notices or orders issued pursuant to this chapter,
are unfit for human habitation.
[Ord. No. 74, 5-7-2008]
No person, firm or corporation or association owning, possessing
or controlling a building in this City shall permit, suffer or allow
said building now or hereafter to be or become unsafe to the public
and/or residents from any cause whatsoever.
Any building having any defects found in this section may be
designated by the Codes Commissioner as unfit for human habitation
and may be so placarded.
[Ord. No. 74, 5-7-2008]
The Building Inspector shall make inspection of all unsafe buildings
within the City and report to the Codes Commissioner all unsafe buildings
which from time to time may be found within the limits of the City.
[Ord. No. 74, 5-7-2008]
(a)
The Codes Commissioner shall consider the report of the Building
Inspector and, if in his/her opinion the report so warrants, shall
determine that the building is unsafe and order its demolition or
repair, if the same can be safely repaired, and further order that
a notice shall be given to the owner as follows.
(b)
In the event the Codes Commissioner determines that any building
is unsafe, the Codes Commissioner may order the building to be vacated
within a reasonable time, and, in that event, the building shall be
placarded. The building shall not be used again for human habitation
and the placard shall not be defaced or removed until written approval
is secured for the Codes Commissioner.
(c)
The notice shall contain the following:
(1)
A description of the premises;
(2)
A statement of the particulars in which the building is unsafe;
(3)
If required by Subsection (b), supra, an order to vacate and
placard the building as uninhabitable;
(4)
An order requiring the building to be repaired or demolished;
(5)
That the repairing or demolition of the building shall commence
within 30 days of the service of the notice, as hereinafter provided,
and shall be completed within 60 days thereafter;
(6)
A date, time and place for a hearing before the Codes Commissioner
in relation to such unsafe building, which hearing shall be scheduled
not less than five business days from the day of the service of the
notice;
(7)
A statement that in the event of neglect or refusal to comply
with the order to repair or demolish the building, the Codes Commissioner
is authorized to provide for its repair or demolition, to assess all
expenses thereof against the land on which it is located and to institute
a special proceeding to collect the costs of demolition, including
legal expenses.
[Ord. No. 74, 5-7-2008]
Said notice shall be served in the following manner:
(1)
By personal service of a copy thereof upon the owner or some one
of the owners, executors, legal representatives, agents, lessees,
or any other person having a vested or contingent interest in the
premises as shown by the last preceding completed assessment roll
of the City, or of the county clerk, such service to be complete and
the thirty-day time period recited in said notice to commence upon
service; or
(2)
By mailing a copy of said notice to such owner as aforesaid by registered
mail return receipt requested, addressed to the last known address
of the owner and by affixing a copy of said notice to the premises,
such service to be complete and the thirty-day time period recited
in said notice to commence 10 days after the filing of the return
receipt.
(3)
A copy of the notice shall also be filed in the office of the County
Clerk of the county within which such building is located, which notice
shall be filed by such Clerk in the same manner as a notice of pendency
pursuant to article 65 of the Civil Practice Law and Rules, and shall
have the same effect as a notice of pendency therein provided. A notice
so filed shall be effective from the date of the filing, provided,
however, that it may be vacated upon the order of a judge or upon
the consent of the Corporation Counsel.
[Ord. No. 74, 5-7-2008]
The hearing shall be conducted before the Commissioner of Codes.
The Building Inspector shall present his or her report to the Codes
Commissioner in writing. The owner or his or her representative, if
present, shall call such witnesses as he or she deems necessary. The
Codes Commissioner shall make written findings of fact from the testimony
offered as to whether or not the building in question is an unsafe
building.
If such owner shall neglect, fail or refuse to comply and shall
fail to appear at said hearing, then the Codes Commissioner shall
direct the repair or demolition of the building forthwith.
If such owner shall neglect, fail or refuse to comply and after
appearing at said hearing the Codes Commissioner finds that the building
is a public nuisance and directs its repair or demolition, the owner
shall repair or demolish said building within the time prescribed
by the Codes Commissioner.
If the owner fails or neglects to repair or demolish said building
as directed by the Codes Commissioner following the hearing, then
the Codes Commissioner shall direct the repair or demolition of same
forthwith.
[Ord. No. 74, 5-7-2008]
In the event of neglect or refusal of the persons so notified
to comply with said order of the Codes Commissioner, the Codes Commissioner
shall provide for the demolition and removal of such building either
by City employees or by contract. Except in an emergency, any contract
in excess of $20,000 shall be awarded by competitive bidding.
[Ord. No. 74, 5-7-2008]
(a)
In case there shall be, in the opinion of the Building Inspector,
actual and immediate danger of the falling of a building so as to
endanger public safety, life or property or actual or immediate menace
to health or public welfare as a result of the conditions present
in or about a building, he or she shall cause the necessary work to
be done to render such a building temporarily safe, whether the procedure
prescribed in this law for unsafe buildings has been instituted or
not.
(b)
When emergency work is to be performed under this section, the Building
Inspector shall cause the owner thereof to be served personally or
by registered mail, return receipt request, and, if served by registered
mail, shall post on the premises a copy to comply containing a description
of the premises, a statement of the facts in which the building is
unsafe or dangerous and orders and direction to correct the conditions
which constitute an emergency within a specified period not to exceed
three days actual notice.
(c)
In the event that the emergency does not permit any delay in correction,
the notice shall state the City has corrected the emergency condition.
(d)
In both cases, the notice shall state that the corrective costs of
the emergency be assessed against the owner pursuant to the provisions
of this law.
(e)
The notice may include an order to vacate as provided supra.
[Ord. No. 74, 5-7-2008]
In addition to the remedies provided by this law, the Codes
Commissioner may request the Corporation Counsel to make an application
to Supreme Court for an order determining the building to be a public
nuisance and directing that it shall be repaired and secured or demolished.
The action shall be brought as a special proceeding pursuant to §§ 20(22)
and (35) of the General City Law.
[Ord. No. 74, 5-7-2008]
All costs and expenses incurred by the City in connection with
the administrative and/or judicially substantiated proceedings and
to remove, repair or secure, plus 15% of such amount shall be assessed
against the land and on which said building is located.
In addition to any other remedy provided by law, the City may
commence a special proceeding pursuant to Section 78-b of the General
Municipal Law to collect the costs referred to above, including reasonable
and necessary legal expenses.
[Ord. No. 74, 5-7-2008]
If any part or subpart of this law is deemed or found to be
unenforceable, or otherwise void, such judgment shall not affect or
impair the validity of the remainder of the law or the application
thereof to other persons or circumstances.
[Ord. No. 74, 5-7-2008]
Where a building whether or not formerly occupied and without
regard to former use, has been damaged by a fire or explosion so as
to be incapable of being occupied or used, the owner or individual/entity
otherwise in control of such building shall comply with the provisions
of the within subdivision.
[Ord. No. 74, 5-7-2008]
Whenever it is found that a building or structure or part thereof
may be an imminent danger to life and safety of the public, the Commissioner
of Code Enforcement, Chief Fire Marshal or designee may require the
occupants of any such building or structure or any part thereof to
vacate the premises forthwith. No person shall use or occupy such
building or structure or part thereof until it is made safe. Except
for the owner, no person shall enter premises which have been ordered
vacated unless authorized to perform inspections, repairs or to demolish
and remove such building or structure or part thereof.
(1)
Securing of premises. Within 72 hours after the occurrence of the
fire or explosion, the owner or individual/entity otherwise in control
of the building shall seal said building against access by unauthorized
persons and shall clear the site of debris incident to the occurrence.
(2)
Notification to Codes Enforcement Department. The Chief of the Fire
Department or designee, shall within 24 hours of the occurrence of
a fire or explosion involving any structural damage, fuel burning
appliance, chimney or gas vent, report to the Commissioner the location
of any building or structure investigated by the Fire Marshal(s) where
any such fire or explosion has occurred, for any action deemed appropriate
by the Commissioner. Said notification shall include, but not be limited
to: address of fire, name of owner, contact information for said owner
and insurance coverage information.
(3)
Notice to owner. Upon notification from the Fire Department of a fire or explosion damaging a structure or building to an extent as to render any portion of said building or structure to the extent as described in Section 2-6-113, the Commissioner shall within five days after the occurrence, serve notice upon the owner or agent informing the owner that he/she must submit to the Codes Enforcement Department within 30 days of the fire, written notification of his/her intent to demolish, repair or rebuild any portion of the building or structure, along with any appropriate and necessary plans for same for review and approval by the Commissioner. Thereafter, within 90 days of approval by the Commissioner, the owner shall complete the rehabilitation or demolition as per the approved plans.
(4)
Service of notice. The Commissioner shall serve the notice upon the
owner by either:
a.
Personal service upon the owner(s) of the property, or
b.
Affixing a copy of the written notice to the door of any structure
on the lot or land, or if there are no available doors of any structure
on the lot or land, then by affixing a copy of the written notice
by a stake or sign post to the lot or land, and by mailing the written
notice to the last known address of the last known owner of the lot
by first class mail.
[Ord. No. 74, 5-7-2008]
If the owner of the building shall fail to submit plans within 30 days of the damaging fire as directed in the notice described in Section 2-6-114(3), or fail to complete the rehabilitation of the building within 90 days thereof, the Commissioner shall serve a notice to the owner, in the manner set forth in Section 2-6-105, informing the owner that he/she has 10 days in which to demolish and remove the building by his own means, after which the City shall remove the building by demolition and assess the cost thereof to the property owner, pursuant to Section 2-6-108. The cost shall be added to the next tax statement issued on the premises, and the cost shall be a lien on the premises, or the City may initiate a civil action against the property owner to collect the costs as per Section 2-6-111.
