[Amended 6-27-2011 by L.L. No. 6-2011]
The Board of Trustees of the Village of Lancaster shall appoint
a Code Enforcement Officer, who will be charged with the responsibility
of carrying out the obligations and duties set forth in this chapter.
No owner of a building or structure in the Village of Lancaster
shall cause or permit said building or structure to become dangerous
or unsafe to the public. In the event that any building or structure
now or hereafter becomes dangerous or unsafe to the public, from any
cause whatsoever, said owner shall repair or remove said building
or structure.
Dangerous and unsafe buildings and structures shall include
but are not limited to the following:
A. A vacant building or structure not continuously guarded or boarded
up and which is not safe and secure from unauthorized entry or use
shall be deemed dangerous and unsafe.
B. A vacant building or structure boarded up for a period of one year
shall, at the expiration of such period, in the absence of competent
and relevant evidence being furnished to the contrary, be presumed
to be a fire hazard, dangerous and unsafe.
[Amended 6-27-2011 by L.L. No. 6-2011]
A. Upon receipt of information that a building or structure may be dangerous
or unsafe to the public from any cause, the Code Enforcement Officer
shall conduct an inspection of said building or structure. If the
Code Enforcement Officer, upon completion of such inspection of a
building or structure, concludes that said building or structure is
unsafe or dangerous, he shall so report to the Village Board of Trustees.
Said report shall contain a description of the premises and a statement
of the particulars by which the building or structure is unsafe or
dangerous to the public.
B. If upon review of said report the Village Board resolves that the Code Enforcement Officer has established the reasonable likelihood of an unsafe or dangerous condition, the Village Board may in its discretion direct the Code Enforcement Officer to issue a notice to remedy pursuant to §
115-5 of this chapter. If the Village Board directs the Code Enforcement Officer to issue a notice to remedy pursuant to §
115-5 of this chapter, the Village Board shall also at that time schedule a hearing to be held before the Village Board pursuant to §
115-7. The hearing shall be scheduled to accommodate compliance with the scheduling mandates of §
115-7A.
[Amended 10-16-2019 by L.L. No. 17-2019]
A notice to remedy required by §
115-5 above shall be served upon all owners as shown by the records of the Assessor. Service shall be either personally or by registered mail or certified mail addressed to the last known address of the party to be served. If notice is served by mail, a copy of such notice shall be posted on the premises within two days of mailing. Personal service shall be made upon an individual identified within New York Civil Practice Law and Rules § 303, Subdivision 1 of § 308, § 309, § 310, § 311 or § 318 or Estates, Powers and Trusts Law § 11-4.4.
[Amended 6-27-2011 by L.L. No. 6-2011]
When, in the opinion of the Code Enforcement Officer, there
is imminent danger of the failure or collapse of a building or structure
or any part thereof which endangers life or property or when a building
or structure or part thereof has fallen or collapsed and renders occupancy
of the premises dangerous or unsafe, the Code Enforcement Officer
shall have the right to require the occupants to vacate the same forthwith
and, upon approval of the Board of Trustees of the Village of Lancaster,
order the demolition of the building or structure or any part thereof.
In such cases when the Code Enforcement Officer shall require the
vacation or demolition of a building or structure, the Code Enforcement
Officer shall immediately cause a notice to be posted conspicuously
at or about the premises reading substantially as follows: "These
premises are dangerous and unsafe and their use or occupancy is prohibited.
Village of Lancaster Code Enforcement Officer." Thereafter, no person
shall enter upon such premises except for the purpose of making required
repairs or of demolishing the unsafe building or structure or part
thereof or for the purpose of inspection in connection therewith.
[Added 6-10-2002 by L.L. No. 1-2002; amended 6-27-2011 by L.L. No.
6-2011]
When, in the opinion of the Code Enforcement Officer, a vacant building or structure creates an imminent danger to life or property such that a hearing pursuant to §
115-7 cannot be accommodated, the Code Enforcement Officer, upon such notice to the property owners as is feasible and upon approval of the Board of Trustees of the Village of Lancaster, shall arrange for the repair, enclosure and/or security of said building or structure.
All costs and expenses incurred by the Village in connection
with any and all of the above proceedings to remove or secure, including
the cost of actually removing said building or structure or securing
the same, shall be assessed against the land on which the building
or structure is located. The Village Clerk shall file a certificate
of such actual cost and expense, with a statement as to the property
upon which such costs and expenses were incurred, with the Assessor
of the Village, who shall, in preparation of the next assessment roll
of general Village taxes, assess such amount upon such property, and
the same shall be levied, collected and enforced in the same manner,
by the same proceedings, at the same time, under the same penalties
and having the same lien upon the property assessed as the general
Village tax and as a part thereof.
No person shall remove or demolish, wholly or partially, any
building or structure and leave an excavation, opening or hole in
the ground.
[Amended 6-27-2011 by L.L. No. 6-2011; 12-12-2022 by L.L. No. 8-2022]
Any person, firm, corporation or association wishing to demolish a building or structure in the Village of Lancaster for any reason shall make application for a building permit to the Building Inspector and pay the fee as provided in Chapter
144, Fees, of the Code of the Village of Lancaster.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter
1, General Provisions, Article
II, Penalties for Offenses, of the Code of the Village of Lancaster.
[Added 6-8-2009 by L.L. No. 6-2009]
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 Sections 108 and 109 of the Property
Maintenance Code of New York State.