[HISTORY: Adopted by the Common Council of the City of Fulton 9-6-1994 (Ch. 53 of
the 1991 Code). Amendments noted where applicable.]
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:
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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.
A.
The Bureau Chief or his designee shall:
(1)
Inspect all public buildings, schools, halls, churches, theaters,
hotels, tenements, apartments or commercial, manufacturing or loft
buildings, and all other buildings that are held out as accessible
to the public, for the purpose of determining whether a condition
exists which renders such places a dangerous building within the terms
of this chapter.
(2)
Inspect any building, wall or structure about which complaints are
filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this chapter.
(3)
Notify, in writing, the owner, occupant, lessee, agent and all other persons reasonably known to the City to have an interest in said building or any building found to be a dangerous building within the standards set forth in § 262-2 of this chapter that:
(a)
The owner must vacate or repair or demolish said building in
accordance with the terms of the notice and this chapter.
(b)
The occupant or lessee must vacate said building or may have
it repaired in accordance with the notice and remain in possession.
(c)
Including but not limited to an agent, any person having an
interest in said building may at his own risk repair, vacate, remove
or demolish said building, or have such work or act done, provided
that any person notified under this subsection to repair, vacate or
demolish any building shall be given such reasonable time, not exceeding
90 days, as may be necessary to do or to have done the work or act
required by the notice provided for herein.
(4)
Set forth in the notice provided for in Subsection A(3) hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, as is reasonable, not to exceed 90 days.
(5)
Place a notice on all dangerous buildings reading as follows: "This
building has been found to be a dangerous building by the Bureau of
Code Enforcement. This notice is to remain on this building until
it is repaired, vacated or demolished in accordance with the notice
which has been given the owner, occupant, lessee or agent of this
building and all other persons having an interest in said building.
It is unlawful to remove this notice until such notice is complied
with."
(6)
Upon receipt of a report as provided for in § 262-9 hereof, give written notice to the owner, according to the general tax assessment rolls of the City of Fulton, and also to the occupant, mortgagee, lessee, agent and all other persons who have an interest in said building as determined by the records in the Oswego County Clerk's office, to appear before the Bureau Chief on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the notice provided for herein. The Bureau Chief shall conduct an administrative hearing pursuant to this section. The Bureau Chief shall take testimony under oath from any person(s) with an interest in the premises. The Bureau Chief shall also take testimony from other persons who wish to be heard and offer testimony relative to the dangerous condition of the building. All testimony shall be taken under oath and transcribed by a certified court reporter.
(7)
Make written findings of fact from the testimony offered and evidence presented as to whether or not the building in question is a dangerous building within the terms of § 262-2. Such funding shall be issued within 30 days of the hearing.
(8)
Issue an order based upon findings of fact made requiring the owner,
occupant, mortgagee, lessee, agent and all other persons having an
interest in said building as shown by the real property records of
the Clerk of the County of Oswego to repair, vacate or demolish any
building found to be a dangerous building within the terms of this
chapter.
B.
Order to vacate, repair or demolish. If the owner, occupant or lessee
fails to comply with the order of the Bureau Chief for repair, vacating,
removal or demolition within 10 days, the Common Council, by resolution,
may authorize the Bureau Chief to cause such building or structure
to be repaired, vacated or demolished as the facts may warrant. The
cost of such repair, vacation or demolition shall be charged against
the land upon which such building exists in the same manner as special
assessments and/or real property taxes provided for in the Charter
of the City of Fulton.
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.
A.
Any person, association, partnership, firm or corporation violating
any of the provisions of this chapter shall be deemed guilty of a
violation and, upon conviction thereof, shall be fined in an amount
not exceeding $250 or shall be imprisoned in the Oswego County Jail
for a period not exceeding 15 days, or shall be both so fined and
imprisoned. Each day such violation is committed or permitted to continue
shall constitute a continuing offense and shall be punishable as a
continuing offense hereunder. A separate accusatory instrument and/or
complaint shall not be necessary for each day that the violation exists.
B.
In case of a violation of this chapter, the City or its officers
may, in addition to any other remedies conferred by law or ordinance,
institute any appropriate action or proceedings to prevent the unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use to restrain, correct or abate such violation, to
prevent the occupancy of said building, structure or land or to prevent
any illegal act, conduct, business or use in or about such premises.
