[HISTORY: Adopted by the Board of Trustees of the Village of Liverpool 12-17-1984 by L.L. No. 6-1984 (Ch. 46 of the 1987 Code). Amendments noted where applicable.]
Uniform construction codes — See Ch. 156.
This chapter shall be known as the "Unsafe Buildings Law of the Village of Liverpool."
This chapter shall provide for the removal or repair of buildings or parts of buildings in the Village of Liverpool that may now be or may hereafter constitute a danger and a threat to the safety, health, comfort and general welfare of this Village.
The following words and phrases, as used in this chapter, shall have the meanings hereinafter ascribed to them. All other words and phrases shall have the meanings normally ascribed to them.
- BOARD OF TRUSTEES
- The duly elected and constituted Board of Trustees of the Village of Liverpool.
- Any house, shed, fence or other man-made structure, or part of any such house, shed, fence or structure.
- DANGEROUS or UNSAFE
- Includes conditions of structures or buildings such as but
not limited to the following:[Added 5-26-1987 by L.L. No. 2-1987]
- 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 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 this Village.
- E. Those which have become or are so dilapidated, decayed, unsafe, 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, safety or general welfare of those living therein.
- F. Those having light, air 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 cases of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.
- ENFORCEMENT OFFICER
- The Code Enforcement Officer or the Fire Marshal appointed by the Board of Trustees of the Village of Liverpool.
- The Incorporated Village of Liverpool, State of New York.
For the purpose of this chapter, an unsafe and dangerous building is declared to be:
Any building which is dangerous to the public health, safety and general welfare because of its condition and which may cause or aid in the spread of disease or injury to the health, safety or general welfare of the occupants of it or the neighboring buildings;
Any building which, because of lack of proper repair, construction or supervision, constitutes or creates a fire hazard;
Any building which because of its condition or because of a lack of proper windows or doors is available to and frequented by malefactors or disorderly persons; or
Any building which is a danger to life and safety as a result of a fire or explosion.
Any enforcement officer shall inspect or cause to be inspected any building reported as being a dangerous building. The enforcement officer shall then make a written report of such inspection to the Board of Trustees of his or her findings and recommendations as to the removal or repair of such building.
[Amended 5-26-1987 by L.L. No. 2-1987; 4-23-1990 by L.L. No. 6-1990]
Whenever the Code Enforcement Officer finds any building or structure or portion thereof to be an unsafe building, as defined by this chapter, he shall serve written notice by certified mail, return receipt, or by personal service on the owner of said building or structure or on one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, which said notice shall contain:
A description of the premises.
A statement of the particulars in which said building is unsafe.
An order requiring the same to be made safe and secure by repair or otherwise or to be demolished and removed within 60 days and that said work shall be commenced within 15 days after service of notice.
Notice of the time and place for a hearing on the matter before the Board of Trustees.
A statement that, in the event that said building is determined by the Board of Trustees to be unsafe, said building shall be made safe and secure by such repairs or other measures which may reasonably be necessary or shall be demolished and removed by the Village of Liverpool, and that all costs and expenses incurred by the Village shall be charged against the owner of said building or assessed against the land on which the building is located.
A copy of said notice shall be filed in the Onondaga County Clerk's office in accordance with applicable provisions of law.
Notice of hearing. Such notice shall further provide that, in case the owner and such persons having an interest in the property or structure as herein prescribed wish to contest the order, a hearing will be held before the Board of Trustees at a time and place specified and that, in the event that such owner or persons having an interest shall fail to contest such order and fail to comply with the same, the Board of Trustees will order the repair or removal of such building by the Village and that the Village will assess all costs and expenses incurred by the Village in the removal or repair of such building against the land on which such building is located.
Hearing before the Board of Trustees. At the time and date specified in the notice to repair or demolish, the Board of Trustees shall conduct the public hearing. It may adjourn from time to time until the hearing is completed and until all interested parties are heard. At the conclusion of the hearing, the Board of Trustees shall determine whether to revoke the order to repair or remove or to continue said order and direct the owner and other persons to complete the work within a specified time, which shall be reasonable as to the time needed to perform the work and the necessity to protect the general public.
In the event that the owner and persons in interest shall fail to comply with the final order of the Board of Trustees to make such building safe and secure or to be removed, the Board of Trustees shall order such building to be made safe and secure or to be removed and shall assess all costs and expense, including the cost of actually removing such building or structure, against the land on which such building or structure is located at the same time and in the same manner as general Village taxes.
Any owner or other persons having an interest in the building or in custody of real property located within the Village who allows or permits a building to continue as a dangerous building after due notice as provided in §§ 140-6 through 140-8 of this chapter shall be guilty of a violation of this chapter and shall be punished as provided in § 140-14 of this chapter.
In addition to serving a notice on the owner as provided in §§ 140-6 through 140-8 above, the Board of Trustees may, if it determines that the purposes of this chapter will be further effectuated, order that no person other than the owner or his agent shall enter upon the property and shall post on such property signs indicating "no trespassing." When such a determination is made, notice of such fact shall be included in the notice to the owner referred to in §§ 140-6 through 140-8 above. Anyone found trespassing in violation of this section shall be liable for a fine not to exceed $50 for each offense.
Notwithstanding the foregoing provisions of this chapter, in case there is an immediate danger to the life and safety of any person or property unless a dangerous building or structure is immediately repaired, vacated or demolished and the owner or other responsible person in charge fails to take immediate action or cannot be located with due diligence, the enforcement officer shall report such facts immediately to the Board of Trustees, and the Board of Trustees, if it confirms the findings of the enforcement officer, shall cause the immediate repair, vacation or demolition of such unsafe building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in §§ 140-6 through 140-8 or as hereinafter provided.
The transfer of title by the owner of premises upon which a dangerous building is located shall be no defense to any proceedings under this chapter.
Notwithstanding any provision herein to the contrary, the Board of Trustees may, at its election, institute suit against the owner of said premises for the direct costs, together with a charge of 50% in addition thereto as compensation to the Village for administering, supervising and handling said work and enter judgment thereon against the owner personally for the aforesaid amount. The imposition and collection of any fine or penalty hereinafter prescribed shall not bar the right of the Village to collect the costs of the removal or repair of any dangerous building as herein prescribed.
[Amended 5-26-1987 by L.L. No. 2-1987]