The Unsafe Buildings Ordinance, being Chapter
262 of the Code of the City of Fulton, shall be administered and enforced by the Bureau of Code Enforcement of the City of Fulton, as constituted under Title VIII of the City Charter. All references in this chapter to the "Bureau" shall mean the Bureau of Code Enforcement.
All buildings or structures which have any or all of the following
defects shall be deemed to be a dangerous building:
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 foundations, show 33% or more of damage
or deterioration of the supporting member or members or 50% of damage
or deterioration of the 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 or other causes so as
to have become dangerous to life, safety or the general health and
welfare of the occupants or the people of the City of Fulton.
E. Those which have become or are so dilapidated, decayed, 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 so as to work injury to the health, morals,
safety or general welfare of those living therein.
F. Those occupied or unoccupied having light, air, water, electrical,
hot water and sanitation facilities which are inadequate to protect
the health, safety or general welfare of human beings who live or
may live therein.
G. Those having inadequate facilities for egress in case of fire or
other emergency or those having insufficient stairways, fire escapes
or other means of egress.
H. Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
I. Those which because of their condition are unsafe, unsanitary or
dangerous to the health, safety or general welfare of the people of
this City.
J. Those existing in violation of any provision of the Building Code
of this City or the Building and Fire Prevention Code of the State
of New York or any laws, ordinances or statutes of the City of Fulton
or State of New York or any federal statutes.
[Added 9-24-2019 by L.L.
No. 4-2019]
After a structure has been deemed either abandoned, vacant or unsafe for occupancy as per City of Fulton Code §
262-1, it should then be placarded with an identification system that consists of one of three symbols on a twenty-four-square-inch sign. The three sign designations indicating severity of the structure shall consist of the following:
A. Photo 1: Red box with no white interior marking shall mean that the
vacant structure has normal conditions at the time of marking.
B. Photo 2: Red box with one diagonal white line marking shall mean
that the interior structures has hazards that exist and interior firefighting
should be conducted with extreme caution.
C. Photo 3: Red box with white "X" marking shall mean that the interior
structural hazards are severe enough that interior firefighting should
be limited to entry for known life hazards, otherwise exterior firefighting
operations should be conducted.
[Added 9-24-2019 by L.L.
No. 4-2019]
A. The Fulton Fire Department would like to propose a City Registry
of Vacant Properties, that would be a requirement of the owner of
the property in question to register for. These fees would be paid
either by the owner to the City directly, or to the City indirectly
by assessing the fee to the taxes of the property. This registration
fee would apply after the first year the property becomes vacant/abandoned.
B. Second Year. If a building remains vacant after one year, then at
the start of the second year the owner would be responsible for registration
fee of $5,000 or the annual aggregate of City, county and school property
taxes.
C. Third Year. If a building remains vacant after two years, then at
the start of the third year the owner would be responsible for registration
fee of $10Editor's Note: ,000 or twice the annual aggregate of City,
county and school property taxes.
D. Fourth Year. If a building remains vacant after three years, then
at the start of the fourth year the owner would be responsible for
registration fee of $15,000 or thrice the annual aggregate of City,
county and school property taxes.
E. Fifth Year and each succeeding year. If a building remains vacant
after fourth year, then at the start of the fifth year the owner would
be responsible for registration fee of $15,000 or quadruple the annual
aggregate of City, county and school property taxes.
The following standards shall be followed in substance by the
Bureau Chief in ordering repair, removal, vacation or demolition:
A. If the dangerous building can reasonably be repaired so that it will
no longer exist in violation of the terms of this chapter, it shall
be ordered to be repaired and the owner given a specific time in which
to make such repairs, not to exceed 90 days.
B. If the dangerous building is in such condition as to make it of immediate
danger to the health, safety or general welfare of its occupants,
it shall be ordered to be vacated.
C. In any case where a dangerous building is 50% damaged or decayed
or deteriorated, it shall be demolished, and in all cases where a
building cannot be repaired so that it will no longer exist in violation
of the terms of this chapter, it shall be demolished. In all cases
where a dangerous building is a fire hazard existing or erected in
violation of the terms of this chapter or any ordinance relating to
the prevention of fire, it shall be demolished.
D. All repairs undertaken pursuant to this chapter shall be made in
compliance with existing laws of the City of Fulton and State of New
York, including the Building Code of the City of Fulton and State
of New York and Fire Prevention Code of the State of New York.
All dangerous buildings within the terms of §
262-2 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereafter provided.
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous building is immediately repaired, vacated or demolished, the Bureau Chief shall report such facts to the Mayor, and the Mayor may direct the Bureau Chief or Deputy Bureau Chief to cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided §
262-5B.
In all cases where notices or orders provided for herein are
required to be served, such service shall be made either personally
as defined in § 308 of the Civil Practice Law and Rules
or by certified mail directed to the person upon whom it is intended
to be served at his last known address, and in the event that such
service is made by certified mail, a copy of such notice or order
shall be posted in a conspicuous place on the dangerous building to
which it relates. Such personal service or service by mail and posting
shall be deemed sufficient.
No officer, agent or employee of the City of Fulton shall render
himself personally liable for any damage that may accrue to the persons
or property of anyone as a result of any act required or permitted
in the discharge of his duties under this chapter. Any suit brought
against any such officer, agent or employee of the City of Fulton
as a result of any act required or permitted in the discharge of his
duties under this chapter shall be defended by the City Attorney,
and any judgment recovered against such person, if affirmed where
an appeal is taken, shall be paid by the City of Fulton.
All members of the Fire Department and Police Department of
the City of Fulton shall make a report, in writing, to the Bureau
of any buildings or structures which are or may be or are suspected
to be dangerous buildings within the meaning of this chapter.
This chapter shall take effect upon its approval by the Mayor 10 days after its first publication thereof in the official paper as required by §
C43 of the Charter of the City of Fulton and after the filing with the Secretary of State of the chapter under Title XIII of the City Charter, establishing the Bureau of Code and Zoning Ordinance Enforcement.