This chapter shall be known and may be cited as the "Village
of East Aurora Unsafe Buildings Law."
For the purposes of this article, the following shall have the
meanings ascribed to them. All other words shall have the meanings
normally ascribed to them in regular use.
BUILDING
A combination of any materials having a wall and roof to
form a structure, affording shelter to persons, animals or property.
The word "building" shall be construed, when used herein, as though
followed by the words "or part or parts thereof."
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer for the Village of East Aurora
or its agent under contract with the Village to assist in the enforcement
of this chapter.
DEMOLITION or DEMOLISH
The alteration of an existing building or structure, the
purpose of such alteration being the discontinuance of the existing
building or structure or a portion thereof. "Demolition" shall not
include the repairing, remodeling or extending of an existing building
or structure where such is incidental to the improvement of that building
or structure and the primary intent is shown to be that of repairing,
remodeling or extending the existing building or structure.
EMERGENCY
A sudden, urgent, or unexpected occurrence requiring immediate
action.
IMMINENT DANGER
A condition which could cause serious or life-threatening
injury or death at any time.
STRUCTURE
Any combination of materials, constructed or erected, which
requires a permanent location or attachment on the ground, or something
having such location, and includes, among other things, stadiums,
platforms, radio towers, sheds and storage bins.
UNSAFE BUILDING OR STRUCTURE
Any building or other structure that has any of the following
defects:
A.
Those whose exterior/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 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, snow load or other
causes so as to have become dangerous to the life, safety and general
welfare of the residents of the Village of East Aurora.
E.
Those which have become or are so dilapidated, decayed, unsafe
or unsanitary that they are unfit for occupation by humans or animals
or for use for storage.
F.
Those buildings intended or used for human occupation that are
inadequate to protect the health, safety and general welfare of human
residents living therein.
G.
Those buildings that lack adequate facilities for ingress and
egress in case of fire or other emergency or those having insufficient
stairways, elevators, fire escapes or other means of escape.
H.
Those which have parts thereof which are so attached that they
may fall and injure persons on the property or members of the general
public or cause damage to other property.
I.
Those buildings which violate the provisions of the New York
State Uniform Fire Prevention and Building Code and any other applicable
laws of the State of New York, County of Erie or Village of East Aurora.
J.
Any building which remains vacant and unattended continuously
for a period of one year or longer, without adequate safeguards to
prevent unauthorized entry.
Where the Village Board determines that there is a clear and
imminent danger to the life, safety or health of persons and/or property
unless an unsafe building or structure is immediately repaired and
secured or demolished and removed, the Village Board may, by resolution,
authorize the Code Enforcement Officer to immediately cause the repair
or demolition of such unsafe building or structure.
No unsafe building or structure that is 50 or more years in
age shall be demolished pursuant to this chapter without first referring
the proposed demolition to the Village of East Aurora Historic Preservation
Commission for review. The Commission shall promptly review the possible
historic significance of such building or structure and shall make
a recommendation with respect to the proposed demolition. Notwithstanding
the foregoing, Commission review shall not be required if the unsafe
building or structure poses an imminent danger in the reasonable,
good-faith judgment of the Village Board and the Code Enforcement
Officer.
All expenses incurred by the Village in connection with proceedings
to compel the repair and securing or demolition and removal of an
unsafe building or structure and any cost of the actual repair and
securing or demolition and removal shall be assessed upon the real
property upon which such unsafe building or structure is located and
shall be a tax lien as defined in the New York State Real Property
Law and shall be levied and collected in the same manner as provide
for in the Village Law.
[Amended 9-19-2016 by L.L. No. 3-2016]
In addition to assessment of cost provided for in §
113-8, violations of any of the provisions of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Each day's continuance of a violation after notice shall be deemed a separate and distinct violation and shall be punishable accordingly.
If any article, chapter, section, subdivision, paragraph or
provision of this chapter is adjudged to be invalid, such adjudication
shall apply only to such portion thereof so expressly adjudged invalid,
and the remainder of this chapter shall be deemed to be in all respects
valid and effective.
The provisions of this chapter shall be effective upon filing
with the office of the Department of State.