The Code Enforcement Officer of the Village of Springville will
be charged with the responsibility of carrying out the obligations
and duties set forth in this chapter.
No owner of a building or structure in the Village of Springville
shall cause or permit said building or structure to become dangerous
or unsafe to the public. In the event that any building or structure
now or hereafter becomes dangerous or unsafe to the public, from any
cause whatsoever, said owner shall repair or remove said building
or structure.
Dangerous and unsafe buildings and structures shall include
but are not limited to the following:
A. A vacant building or structure not continuously guarded or boarded
up and which is not safe and secure from unauthorized entry or use
shall be deemed dangerous and unsafe.
B. A vacant building or structure boarded up for a period of one year
shall, at the expiration of such period, in the absence of competent
and relevant evidence being furnished to the contrary, be presumed
to be a fire hazard, dangerous and unsafe.
A notice to remedy required by §
77-5 above shall be served upon all owners as shown by the records of the Assessor. Service shall be either personally or by registered mail addressed to the last known address of the party to be served. If notice is served by registered mail, a copy of such notice shall be posted on the premises within two days of mailing. Personal service shall be made upon an individual identified within New York Civil Practice Law and Rules § 303, Subdivision 1 of § 308, § 309, § 310, § 311 or § 318 or Estates, Powers and Trusts Law § 11-4.4.
When, in the opinion of the Code Enforcement Officer, there
is imminent danger of the failure or collapse of a building or structure
or any part thereof which endangers life or property or when a building
or structure or part thereof has fallen or collapsed and renders occupancy
of the premises dangerous or unsafe, the Code Enforcement Officer
shall have the right to require the occupants to vacate the same forthwith
and, upon approval of the Board of Trustees of the Village of Springville,
order the demolition of the building or structure or any part thereof.
In such cases when the Code Enforcement Officer shall require the
vacation or demolition of a building or structure, the Code Enforcement
Officer shall immediately cause a notice to be posted conspicuously
at or about the premises reading substantially as follows: "These
premises are dangerous and unsafe and their use or occupancy is prohibited.
Village of Springville Code Enforcement Officer." Thereafter, no person
shall enter upon such premises except for the purpose of making required
repairs or of demolishing the unsafe building or structure or part
thereof or for the purpose of inspection in connection therewith.
When, in the opinion of the Code Enforcement Officer, a vacant building or structure creates an imminent danger to life or property such that a hearing pursuant to §
77-7 cannot be accommodated, the Code Enforcement Officer, upon such notice to the property owners as is feasible and upon approval of the Board of Trustees of the Village of Springville, shall arrange for the repair, enclosure and/or security of said building or structure.
All costs and expenses incurred by the Village in connection
with any and all of the above proceedings to remove or secure, including
the cost of actually removing said building or structure or securing
the same, shall be assessed against the land on which the building
or structure is located. The Village Clerk shall file a certificate
of such actual cost and expense, with a statement as to the property
upon which such costs and expenses were incurred, with the Assessor
of the Village, who shall, in preparation of the next assessment roll
of general Village taxes, assess such amount upon such property, 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.
No person shall remove or demolish, wholly or partially, any
building or structure and leave an excavation, opening or hole in
the ground.
Any person, firm, corporation or association wishing to demolish or repair a building or structure in the Village of Springville for any reason shall make application per Chapter
73 for a permit to the Code Enforcement Officer and pay the fee as provided in §
73-16, Fees, of the Code of the Village of Springville. The application procedure for a permit under this chapter shall be the same as for a building permit.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter
1, General Provisions, Article
II, Penalties for Offenses, of the Code of the Village of Springville.
The provisions of this chapter shall be in addition to and in
furtherance of the New York State Uniform Fire Prevention and Building
Code in the Property Maintenance Code of New York State.