§ 185-2Definitions and word usage.
§ 185-3Determination of hazardous conditions.
§ 185-4Investigation and report; serving of notice.
§ 185-5Contents of notice.
§ 185-6Duties upon receipt of notice.
§ 185-7Compliance with notice.
§ 185-9Failure to comply with notice.
§ 185-10Execution of court order.
§ 185-11Interference prohibited; penalties for offenses; recovery of
§ 185-12Emergency cases.
§ 185-13Penalty for removing notice.
This chapter shall be known as the "Village of Sloan, New York, Dangerous Buildings and Structures Local Law."
The following definitions shall apply in the interpretation and enforcement of this chapter:
- CODE ENFORCEMENT OFFICER
- The duly appointed Code Enforcement Officer of the Village of Sloan.
- DANGEROUS BUILDING
- 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.
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.
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.
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.
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.
If within 10 days after the last day of publication of the notice the owner complies with § 185-6, then thereafter the Village shall proceed as if such owner were served with a notice personally or by registered mail.
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.
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.
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.
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.
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.