As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any building, structure or portion thereof now or formerly
used for residential, business or industrial purpose or as an accessory
use to those uses.
CODE ENFORCEMENT OFFICER OF THE VILLAGE
The person holding that office under the Village or any joint-use
Code with the Town of North Elba or such other person appointed by
the Village Board to enforce the provisions of this chapter.
UNSAFE BUILDING
All buildings which have any or all of the following defects:
A.
Those whose interior walls or exterior bearing walls or other
vertical structural members list, lean or buckle to such an extent
as to weaken the structural support they provide;
B.
Those which, exclusive of the foundation, show 33% or more of
damage to or deterioration of the supporting member or members or
50% of damage to 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
or unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unsightly or are unfit for human habitation
or are likely to cause sickness or disease to those living therein
or adjacent or near thereto;
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, with particular reference to
the requirements of the New York State Uniform Fire Prevention and
Building Code;
G.
Those having inadequate facilities for ingress or egress in
case of fire or panic or those having insufficient stairways, elevators,
fire escapes or other means of escape, again referencing the New York
State Uniform Fire Prevention and Building Code as a determinant;
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 consist of debris, rubble or parts of a building
left on or near the ground after demolition, reconstruction, fire
or other casualty;
J.
Those which, because of their condition are unsafe, unsanitary,
unsightly or dangerous to the health, safety or general welfare of
the people of this Village.
No person, firm, corporation or association owning, possessing
or controlling a building in this Village shall permit, suffer or
allow said building now or hereafter to be or to continue or become
unsafe to the public and/or residents from any cause whatsoever. This
chapter shall apply to any unsafe building existing at the time of
its enactment and to those that become unsafe after its enactment.
The Code Enforcement Officer shall make inspections of all unsafe
buildings within the Village and report to the Village Board all unsafe
buildings which from time to time may be found within the limits of
the Village.
In the event of neglect or refusal of the persons so notified
to comply with the order of the Village Board, the Village Board shall
provide for the demolition and removal of such building either by
Village employees or by contract. Except in an emergency any contract
in excess of $20,000 shall be awarded by competitive bidding.
In addition to the remedies provided by this chapter, the Village
Board may request the Village Attorney to make an application to the
Supreme Court for an order determining the building to be a public
nuisance and directing that it shall be repaired and secured or demolished.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The provisions of this chapter shall be in addition to, and
in furtherance of, the New York State Uniform Fire Prevention and
Building Code, including, but not limited to, §§ 107
and 108 of the Property Maintenance Code of New York State.