[HISTORY: Adopted by the Board of Trustees of the Village
of Baldwinsville 12-20-2007 by L.L. No. 6-2007 (Ch. 28A of the 1971
Code). Amendments noted where applicable.]
The purpose of this chapter is to promote and preserve the health,
welfare and property of residents of and owners of property located
within this Village by providing a method for the removal or repair
of buildings and structures within the limits of this Village that,
from any cause, may now be or shall hereafter become dangerous or
unsafe to the public.
The provisions of this chapter, if any, shall be in addition
to, and in furtherance of, the New York State Uniform Fire Prevention
and Building Code, including but not limited to Sections 107 and 108
of the Property Maintenance Code of New York State.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure wholly or partly enclosed within exterior walls
or within exterior or party walls and a roof, affording shelter to
persons, animals or property.
An assembly of materials constructed or erected, the use
of which requires location on the ground or attachment to something
having location on the ground, including but not limited to fences,
satellite dishes and swimming pools.
All buildings or structures which are structurally unsafe, unsanitary
or not provided with adequate egress or which constitute a fire hazard
or are otherwise dangerous to human life or which, in relation to
existing use, constitute a hazard to safety or health by reason of
inadequate maintenance, dilapidation, obsolescence or abandonment
are, severally, for the purpose of this chapter, unsafe buildings.
All such unsafe buildings are hereby declared to be illegal and shall
be abated by repair and rehabilitation or by demolition in accordance
with the procedure of this chapter.
All buildings and structures which have any or all of the following
defects shall be deemed unsafe or dangerous within the meaning of
this chapter:
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 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, morals or general health
and welfare of the occupants or the people of the 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 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 having light, air and sanitation facilities which are inadequate
to protect the health, morals, 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
panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
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 provide a substantial life-safety hazard to the occupants
or general public because of noncompliance with New York State Uniform
Fire Prevention and Building Code.
J.
Those which because of their condition are unsafe, unsanitary or
dangerous to the health, morals, safety or general welfare of the
people of this Village.
The Code Enforcement Officer shall be the enforcement officer
for this chapter and shall make inspections of all unsafe buildings
and structures within the Village. The Code Enforcement Officer shall
report to the Board of Trustees all unsafe buildings and structures
which from time to time may be found within the limits of the Village.
When it is reported to the Board of Trustees that a building or structure
is in an unsafe or dangerous condition, the Board of Trustees shall
direct the Code Enforcement Officer to inspect the same and to report
the condition of the same and his finding to the Board of Trustees
with all convenient speed.
The Board of Trustees shall thereafter consider the report of
the Code Enforcement Officer and, by resolution, determine, if in
its opinion the report so warrants, that said building or structure
is unsafe and dangerous and order its removal or repair, if the same
can be safely repaired, and further order that a notice shall be given
to interested persons or corporations in the manner as hereinafter
provided.
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building or structure
is unsafe or dangerous.
C.
An order requiring the same to be made safe and secure or removed.
D.
That the securing or removal of said building or structure shall
commence within 30 days of the serving of the notice, as hereinafter
provided, and shall be completed within 60 days thereafter.
E.
That in the event of neglect or refusal of the persons and/or corporations
served with the notice to comply with the same, a survey of the premises
will be made by an inspector and architect or engineer to be named
by the Board of Trustees and an engineer or architect appointed by
said persons or corporations so notified.
F.
That in the event of a refusal or neglect of the persons or corporations
so notified to appoint a surveyor, the two surveyors named by the
Board of Trustees shall make the survey and report.
Said notice shall be served in the following manner:
A.
By personal service of a copy thereof upon the owner or some one
of the owners, executors, legal representatives, agents, lessees or
any other person having a vested or contingent interest in the premises
as shown by the last preceding completed assessment roll of the Village,
such services to be complete and the thirty-day time period recited
in said notice to commence upon filing of an affidavit of personal
service upon the owner with the Village Clerk; or
B.
By mailing a copy of said notice to such owner as aforesaid, by certified
mail, return receipt requested, addressed to the last known address
of the owner, and by affixing a copy of said notice to the premises,
such service to be complete and the thirty-day time period recited
in said notice to commence 10 days after filing of the return receipt
and the affidavit of posting with the Village Clerk; and
C.
By personal service of a copy of said notice upon any adult residing
in or occupying said premises or, if no such person can be reasonably
found, by posting a copy of said notice upon the premises.
In the event of neglect or refusal of the person so notified
to comply with said order of the Board of Trustees, a survey of said
premises shall be made in the following manner. The Board of Trustees
shall appoint an inspector and architect or engineer and the persons
so notified shall appoint a practical builder, engineer or architect
who shall make said survey and submit a written report thereon in
regard to the unsafe or dangerous conditions of said building or structure.
If persons so notified shall refuse or neglect to appoint a surveyor
within 40 days after service of the notice, the two surveyors appointed
by the Board of Trustees shall proceed and report. A signed copy of
such report shall be posted on said structure.
In the event that the building or other structure shall be reported
unsafe or dangerous under such survey, the Board of Trustees may pass
a resolution directing the Mayor to make an application to the Supreme
Court for an order determining the building or other structure to
be a public nuisance and directing that it shall be repaired and secured
or taken down and removed.
Said surveyors shall be paid reasonable compensation for the
service performed by them in making their survey and in preparing
the report thereof.
All costs and expenses incurred by the Village in connection
with the proceedings to remove or secure, including the cost of actually
removing said buildings or structures, shall be assessed against the
land on which said buildings or structures are located.
A.
In case there shall be, in the opinion of the Code Enforcement Officer,
actual and immediate danger of the falling of the building or structure
so as to endanger public safety, life or property or actual immediate
menace to health or welfare as a result of the conditions present
in or about a building or structure, he shall cause the necessary
work to be done to render such building or structure temporarily safe,
whether the procedure prescribed in the chapter for unsafe or dangerous
buildings or structures has been instituted or not.
B.
When emergency work is to be performed under this section, the Code
Enforcement Officer shall cause the owner thereof to be served, personally
or by registered mail, return receipt requested, and if served by
registered mail shall post on the premises, notice to comply containing
a description of the premises, a statement of the facts in which the
structure is unsafe or dangerous and orders and directions to correct
said conditions which constitute an emergency within a specified period
not to exceed three days from actual or constructive receipt of the
notice.
C.
In the event that the emergency does not permit any delay in correction,
the notice shall state that the Village has corrected the emergency
conditions.
D.
In both cases, the notice shall state that the corrective costs of
the emergency will be assessed against the owner pursuant to the provisions
of the chapter.
E.
In any case where the Code Enforcement Officer finds a building or
conditions within a building wherein there is an imminent hazard to
life safety, the Code Enforcement Officer shall immediately close
the building or dwelling and order the occupants to vacate the building
until the conditions are corrected and inspected for compliance with
all applicable codes, rules and regulations. Signs reading "Occupancy
Prohibited" shall be posted at all entrances to such building. Only
persons permitted by the Code Enforcement Officer to enter the building
shall be allowed in the building and only to secure the building or
perform necessary corrections. As soon as practically possible, the
Code Enforcement Officer shall notify the Mayor, in writing, of the
action that was taken under this subsection and the reasons therefor.
Pursuant to the authority and powers granted in the Municipal
Home Rule Law, the following alternate or additional procedures may
be followed:
A.
Upon making of a survey report by the Code Enforcement Officer that
the building or structure is reported unsafe or dangerous to the public,
the Board of Trustees may direct the Code Enforcement Officer to serve
a notice upon the owner and all other persons having an interest in
such property or structure, either personally or by registered mail,
addressed to his last known address as shown by the records of the
Village Assessor and/or in the office of the County Clerk, containing
a description of the premises, a statement of the particulars in which
the building or structure is unsafe or dangerous and an order of the
Code Enforcement Officer requiring the same to be repaired or removed,
and if such service is made by registered mail, to post such notice
on the premises.
B.
Such owner so served shall commence the repair or removal of such
building or structure within 30 days after service of such notice.
C.
A hearing shall be held before the Code Enforcement Officer at a
time and place specified in the notice to repair or demolish not sooner
than two weeks before no later than the date given to commence repair
or removal, if the owner requests the same at least one week before
the schedule date for the hearing. If no hearing is requested, the
order so served shall take effect as provided in the notice.
D.
At the hearing the owner, the Village and any other interested parties
may present witness and any other proof relating to the matters, and
all parties may appear in person or with their attorneys.
E.
At the conclusion of the hearing, the Code Enforcement Officer shall
make a determination in writing, and a copy of the same shall be served
either personally or by registered mail on all parties who appeared
therein.
F.
The determination shall state whether the original survey report
is sustained, modified or reversed. If reversed, no further proceeding
shall be had.
G.
If the original survey is sustained, in whole or in part, the Code
Enforcement Officer shall also include an order directing the owner
to proceed in accordance therewith and shall further specify that
unless the work is commenced within 10 days after service and completed
within a reasonable time thereafter, which the Code Enforcement Officer
shall designate, the penalties herein provided shall be invoked.
Upon notification that the owner of an unsafe building or structure
has failed or refused to repair the unsafe building or structure within
the time specified in the final order, the Code Enforcement Officer
shall report the same to the Board of Trustees. The Board of Trustees
may direct that the Village shall cause the repair or removal of the
unsafe building. After the work has been completed, the Code Enforcement
Officer shall file with the Board of Trustees a verified statement
of all expenses incurred in the removal or repair of the unsafe or
dangerous building or structure which will be assessed against the
land as compensation to the Village.
Upon receipt of the verified statement, the Board of Trustees
shall direct that the amount thereof, including charges added thereto,
shall constitute a lien against said premises and direct that the
same shall be added to the next assessment roll of general Village
taxes and shall be collected and enforced in the same manner, by the
same proceedings, at the same time and under the same penalties as
the general Village tax and as part thereof. In addition thereto,
interest shall run thereon from the date of filing the verified statement
to the date of actual payment at 7 1/2% per annum.
Notwithstanding any provision herein to the contrary, the Village
may, at its election, institute suit against the land as compensation
to the Village for said work performed and enter a 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 unsafe building or structure as herein prescribed.
The failure of the owner to complete the repairs or to remove
the unsafe building or structure as specified in the final notice
of the Code Enforcement Officer shall subject the owner to the same
procedure and penalties as herein set forth.
The transfer of title by the owner of premises upon which an
unsafe building or structure is located shall be no defense to any
proceedings under this chapter.
Any person upon whom a notice, as provided in this chapter,
has been served who fails, neglects or refuses to place such unsafe
building or structure in a safe condition as designated in such notice
or who shall violate any of the provisions of this chapter or orders
given pursuant thereto or who shall resist or obstruct the Code Enforcement
Officer in carrying out the provisions of this chapter shall, upon
conviction thereof, be subject to a fine of not more than $250 or
a term of imprisonment not to exceed 15 days, or both. Each week in
which such violation continues shall constitute a separate offense.
