This chapter shall be known as the "Village of Sloan, New York,
Dangerous Buildings and Structures Local Law."
A.
CODE ENFORCEMENT OFFICER
DANGEROUS BUILDING
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
MAYOR
NUISANCE
(1)
(2)
OWNER
POSTING
REPAIR
VILLAGE
The following definitions shall apply in the interpretation and enforcement
of this chapter:
The duly appointed Code Enforcement Officer of the Village
of Sloan.
[1]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 its 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 walls or covering.
Those which have improperly distributed loads upon the floor
or roofs or in which the floor or roofs are overloaded or which have
insufficient strength to be reasonably safe for the purpose used and
which do not meet minimum standards prescribed by the New York State
Uniform Fire Prevention and Building Code.
Those having inadequate or insufficient facilities for ingress
or 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 the New York State Uniform Fire Prevention
and Building Code.
Those which have parts thereof which are attached or connected
in such a manner that they may fall, collapse or cause damage and
injury to the occupants thereof or other persons or property.
In addition to the foregoing, 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 or dilapidated condition
or from any other cause, may be or shall at any time hereafter become
dangerous or unsafe structurally or a fire hazard or a nuisance to
the general public.
Those which are open at the doorways or windows or walls, making
it accessible to and an object of attraction to minors under 18 years
of age as well as to vagrants and other trespassers.
Those which are or may become a place of rodent infestation.
Those which consist of debris, rubble or parts of buildings
left on the ground after demolition, reconstruction, fire or other
casualty.
Those which present any other danger to the health, safety,
morals and general welfare of the public.
The Mayor of the Village of Sloan, New York.
Whatever is dangerous to human life or detrimental to health,
and shall include but not be limited to:
A public nuisance.
A building, structure or part thereof which has an electrical
wiring system which is defective or which fails to meet ventilation
requirements as prescribed by applicable provisions of law or which
has plumbing, sewerage or drainage facilities that are not in conformity
with applicable building and plumbing codes or which is overcrowded.
The record owner of any premises and also, for the purpose
of serving any notice either personally or by registered mail or by
publication, anyone exercising the rights of ownership therein, his
agents, successors or assigns, as indicated by the records of the
receiver of taxes or by the records of the County Clerk of Erie County.
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.
Any alteration, structural change, or the performance of
any act necessary or requisite for the elimination of any hazardous,
dangerous or unsafe condition of any dangerous building or structure
within the purview of this chapter.
The Village of Sloan.
B.
The words "or" and "and," as used herein, may be construed interchangeably
where such meaning is necessary to effectuate the purpose of this
chapter. Where necessary, the singular shall include the plural, and
the plural shall include the singular. The word "person" shall include
a partnership, corporation, association or trustee. The term "persons
interested," as used herein, shall be construed to include the owner,
as herein defined, and all other persons interested in the property
to which such words refer.
The fact that a building or structure exists in violation of
the applicable provisions of the New York State Uniform Fire Prevention
and Building Code or of the Village Building Code or the provisions
of the Uniform Fire Prevention and Building Code for places of public
assembly or the statewide Multiple Residence Law, as the case may
be, or of any local law or ordinance of the Village of Sloan may be
considered in determining whether a building or structure is hazardous
or unsafe.
A.
Upon the 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 shall be submitted
and filed in the office of the Village Clerk.
B.
After the report is filed and if the report shall confirm the existence
of a dangerous building or structure, the Code Enforcement Officer
shall cause a notice to be served upon the owner of the unsafe building,
either personally or by certified mail, containing specifications
as set forth in § 185-5.
C.
If the owner of the unsafe building cannot be located with due diligence
so that the notice cannot be served personally or if the certified
letter is undeliverable, then the Village Board shall authorize publication
of said notice in one newspaper, such as is most likely to give notice
to the person served, at least once. The notice shall be directed
to the owner and shall contain the specifications set forth in § 185-5
and shall include a statement to the effect that the failure of the
owner to comply with § 185-6 of this chapter within 10 days
following the last day of the publication of the notice shall constitute
a rejection of the notice. The notice shall also state that, in accordance
with the procedural requirements of said chapter, an application will
be made to the Supreme Court for an order determining the building
or structure to be a public nuisance, directing either that it shall
be taken down or removed and that certain costs, as allowed by said
chapter, may be assessed against the land on which said buildings
or structures are located.
The notice shall contain a description of the dangerous building
or structure with particulars which set forth the manner in which
the building or structure is dangerous, and the notice shall also
outline the manner in which the building or structure is to be made
safe and secure or demolished and removed. The notice shall contain
an order requiring the dangerous building or structure to be made
safe and secure or demolished and removed, and if the service of the
notice is made by certified mail, a copy of the notice shall be posted
on the premises.
Within 10 days of the receipt of the notice set forth above,
the person who receives the notice may certify his written acceptance
or rejection of the particulars and order contained in the notice,
either by personal service or by registered mail, upon the Code Enforcement
Officer. Any failure on the part of the person receiving the notice
to respond, as herein prescribed, shall constitute a rejection of
the notice.
If the person served with notice shall, within 24 hours thereof,
certify his assent to the securing or demolition and removal of the
dangerous building or structure in question, he shall be permitted
72 hours within which to commence the abatement of the dangerous conditions
affecting the building or structure, and he shall employ sufficient
labor and assistance to secure or demolish and remove such building
or structure within a reasonable period of time thereafter.
Any person affected by the notice described in § 185-6
of this chapter may request and shall thereafter be granted a hearing
on the matter before the Village Board, provided that such person
shall file a verified petition with the office of the Village Clerk
within 10 days after the day the notice was served upon the petitioner.
The petition shall request the hearing and set forth a brief statement
of the grounds therefor. The Code Enforcement Officer shall set a
time and place for a hearing and shall give the petitioner 10 days'
written notice thereof. At the hearing, the petitioner shall be given
an opportunity to be heard and to give reasons why the proceedings
for securing or removal of the dangerous building or structure shall
be modified or withdrawn. The hearing shall be commenced not later
than 20 days after the day on which the petition was filed, provided
that, upon application of any interested party, the Code Enforcement
Officer may postpone the date of the hearing for any reasonable time
beyond the twenty-day period if, in his judgment, the interested party
has submitted a good and sufficient reason for the postponement, but
in no event shall the hearing be postponed longer than 60 days. In
any case, if no such written petition shall be filed within the ten-day
period as aforesaid or if the notice shall be rejected, the Village
may proceed as hereinafter provided. The Village Board may vacate,
modify or sustain the notice described in § 185-5 as a result
of the hearing.
Upon refusal, neglect or failure of the person or persons served
with a notice and order to comply with the requirements and specifications
therein or upon his or their rejection of such notice, the Code Enforcement
Officer shall make application to the Supreme Court, Eighth Judicial
District, at special term, for an order determining the building or
other structure to be a public nuisance and directing that it shall
be repaired and secured or taken down and removed.
Upon receipt of the order of the Supreme Court, the Code Enforcement
Officer shall immediately proceed to execute the provisions therein
contained and may employ and furnish whatever labor, assistance and
materials may be necessary for that purpose.
A.
It shall be unlawful for any person, whether interested or not in
the property affected by this chapter, to interfere with, obstruct
or hinder the Code Enforcement Officer or his representative or any
person acting in his behalf in performing the work directed by the
determination of the Supreme Court, as herein provided, or ordered
by the Code Enforcement Officer under the terms and provisions of
such determination as hereinabove described.
B.
Any person who shall violate any provision of this section shall
be guilty of an offense against this chapter, punishable by a fine
not to exceed $250 or by imprisonment for not more than 15 days, or
by both such fine and imprisonment.
C.
The owner shall be obligated to reimburse the Village for all costs
and expenses incurred by the Village, including the cost of actually
removing said building or structure. The Village may assess said costs
and expenses against the land on which said buildings or structures
are located in the same manner as is provided for the assessment of
the cost of public improvements by the Village Law or other laws of
the State of New York applicable to assessments.
D.
Special proceeding to collect costs. The Board of Trustees may commence
a special proceeding pursuant to § 78-b of the General Municipal
Law to collect the costs of demolition, including reasonable and necessary
legal expenses.
Any provision of this chapter to the contrary notwithstanding,
where it reasonably appears there is imminent danger to the life or
safety of any person unless a dangerous building or structure, as
defined herein, be immediately repaired, vacated or demolished, the
Code Enforcement Officer shall cause the immediate repair, vacation
or demolition of such dangerous building or structure. For this purpose,
he may at once enter such structure or land on which it stands or
abutting land or structure with such assistance and at such costs
as may be necessary. He 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.
The cost of such emergency repair, vacation or demolition of such
dangerous building or structure shall be collected in the same manner
as provided in § 185-11 hereof.
Any person removing any notice prescribed by this chapter shall
be guilty of an offense against this chapter punishable by a fine
not to exceed $250 or by imprisonment for not more than 15 days, or
by both such fine and imprisonment.
