This chapter shall be known as "Local Law No. 3 of the Year
2010" entitled the "Local Law Regulating Unsafe Buildings in the Village
of Akron."
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any building, structure or portion thereof used for residential,
business, agricultural, industrial or other use.
ENFORCEMENT OFFICER
The Code Enforcement Officer of the Village of Akron or such
other person appointed by the Village Board to enforce the provisions
of this chapter.
UNSAFE BUILDINGS
Any building or other structure which has any of the following
defects:
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 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 insufficient
strength to be reasonably safe for the purpose used.
D.
Those which have been damaged by fire, wind, snow load or other
causes so as to have become dangerous to the life, safety and general
welfare of the residents of the Village of Akron.
E.
Those which have become or are so dilapidated, decayed, unsafe
or unsanitary that they are unfit for occupation by humans or animals
or for use for storage.
F.
Those buildings intended or used for human occupation that are
inadequate to protect the health, safety and general welfare of human
residents living therein.
G.
Those buildings that lack adequate facilities for ingress and
egress in case of fire or other emergency or those having insufficient
stairways, elevators, fire escapes or other means of escape.
H.
Those which have parts thereof which are so attached that they
may fall and injure persons on the property or members of the general
public or cause damage to other property.
I.
Those buildings which violate the provision of the New York
State Uniform Fire Prevention and Building Code, the Zoning Law of the Village of Akron and any other applicable laws
of the State of New York, County of Erie or Village of Akron.
J.
Any building which remains vacant and unattended continuously
for a period of one year or longer, without adequate safeguards to
prevent unauthorized entry.
Upon receipt of a report filed with the enforcement officer in accordance with §
74-4 above or when, in the opinion of the enforcement officer or upon receipt of information from another source that, a building or structure is or may be an unsafe building as defined in §
74-3 hereof, the enforcement officer shall cause to be made or make an inspection of the same and report in writing to the Village Board his findings and any recommendations in regard to its repair or demolition and removal. The enforcement officer is authorized to enter onto the property for the purpose of inspecting the building and shall be required to identify himself to any reputed owner or occupant thereof. If, in the opinion of the enforcement officer, an interior inspection is warranted, the enforcement officer shall have the authority to obtain an administrative search warrant. It shall be a violation of this chapter to fail to cooperate with the enforcement officer or in any way prevent the enforcement officer from conducting the required inspection under this chapter.
The Village Board shall review the report submitted by the enforcement
officer and by resolution determine if, in its opinion, based solely
upon the report, it is indicated that the building is an unsafe building,
as defined herein, and if it so finds, order that a hearing be held
before the Village Board to determine whether the building is an unsafe
building, as defined herein, with notice to owner of the building.
The notice shall contain the following:
A. A description of the premises, including tax account number and street
address.
B. A statement of the particulars in which the building is unsafe or
dangerous.
C. An order outlining the manner in which the building is to be made
safe and secure or demolished and removed.
D. A statement that the securing or removal of such building shall commence within 30 days following a further decision of the Village Board rendered following the hearing specified hereafter in Subsection
E and which shall be completed within 60 days thereafter, unless, for good cause shown, the Village Board shall extend such time.
E. A date, time and place for a hearing set by the Village Board before
the Village Board in relation to such dangerous or unsafe building,
which hearing shall be scheduled not less than 15 business days from
the date of service of the notice.
F. The notice shall further state that in the event of the refusal or
neglect of the person so notified to comply with the order of the
Village Board following the hearing, the Village Board may provide
for the repairing and securing or demolition and removal of such building
either by Village employees or by contract and that the expenses of
such repairing and securing or demolition and removal will be assessed
back against the owner on the owner's Village tax bill.
G. As an alternative, the Village Board may, in its discretion, elect
to direct the enforcement officer to apply to the Supreme Court of
the State of New York for an order directing that the building be
repaired and secured or demolished and removed.
The notice shall be served personally upon the owner as shown
by the records of the Town Assessor of the Town of Newstead or Erie
County Clerk's office. In the event that the reputed owner is
deceased, service shall be made upon the owner's executors, legal
representatives, agents, lessees, heirs or distributees as determined
after review of Surrogates Court or other relevant records. If no
such person can be reasonably found, such notice shall be served by
mailing both by regular and certified mail, addressed to the last
known address, if any, of the owner or the owner's executors,
legal representatives, agents, lessees, heirs or distributees. If
such notice is served by regular and certified mail, a copy of such
notice shall be posted on the premises.
A copy of the notice served as provided herein shall be filed
in the Erie County Clerk's office in the same manner as provided
for in the case of a notice of pendency pursuant to Article 65 of
the Civil Practice Law and Rules of the State of New York and shall
have the same effect as the filing of a notice of pendency as provided
therein. A notice so filed shall be effective for a period of one
year from the date of filing; provided, however, that it may be vacated
upon an order of a judge or justice of a court of record or upon the
consent of the Attorney for the Village. The County Clerk shall mark
such notice and record or docket thereof as canceled of record upon
the presentation and filing of such consent or a certified copy of
such order. In addition, a copy of said notice shall be filed in the
office of the Akron Village Clerk.
Where the Village Board determines that there is a clear and
imminent danger to the life, safety or health of persons and/or property
unless an unsafe building is immediately repaired and secured or demolished
and removed, the Village Board may, by resolution, authorize the enforcement
officer to immediately cause the repair or demolition of such unsafe
building. The expenses of any repair and securing or demolition and
removal shall be a charge against the real property upon which such
unsafe building is located and shall be assessed, levied and collected
as provided under the Code of the Village of Akron.
All expenses incurred by the Village in connection with proceedings
to compel the repair and securing or demolition and removal of an
unsafe building and any cost of the actual repair and securing or
demolition and removal shall be assessed upon the real property upon
which such unsafe building is located and shall be levied and collected
in the same manner as provided for in Village Law for the levy and
collection of special ad valorem assessments.
In addition to assessment of costs provided for in §
74-13, any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction, be subject to a maximum fine of $1,000 or a maximum term of imprisonment of five months, or both, for each offense.