[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.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 138.
Electrical standards — See Ch. 152.
Littering — See Ch. 213.
Property maintenance — See Ch. 248.
[Amended 10-17-2024 by L.L. No. 5-2024]
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. Vacant or abandoned buildings or structures not properly secured at entry points and windows serve as an attractive nuisance as well as being a source of congregation for vagrants and transients. A dilapidated building may also serve as a place of rodent infestation, thereby creating a danger to the health and welfare of the Village.
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.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
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.
STRUCTURE
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.
K. 
Those which are an attractive nuisance or serve as a potential source of congregation for vagrants or transients because they exist without secured doors, windows or other entry points.
[Added 10-17-2024 by L.L. No. 5-2024]
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.
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.
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.