This chapter shall be known as the "Unsafe Buildings Law of
the Village of Central Square."
Unsafe buildings pose a threat to life and property in the Village
of Central Square. Buildings and structures may become unsafe by reason
of damage by fire, the elements, age or general deterioration. Vacant
buildings not properly secure at doorways and windows also serve as
an attractive nuisance for young children who may be injured therein,
as well as a point of congregation by vagrants and transients. A dilapidated
building may also serve as a place of rodent infestation, thereby
creating a health menace to the community. Unsafe equipment within
buildings can cause injury to the occupants of buildings and can also
constitute a potential cause of fires within buildings. It is the
purpose of this chapter to provide for the safety, health protection
and general welfare of persons and property in the Village of Central
Square by requiring that such unsafe buildings be repaired or demolished
and removed.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any building, structure or portion thereof used for residential,
business or industrial purpose.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Village of Central Square
appointed by the Board of Trustees to enforce the provisions of this
chapter.
UNSAFE BUILDING AND EQUIPMENT
Structures or existing equipment that are or hereafter become
unsafe, insanitary or deficient because of inadequate means of egress
facilities, inadequate light and ventilation, or which constitute
a fire hazard, or are otherwise dangerous to human life or the public
welfare, or that involve illegal or improper occupancy or inadequate
maintenance, shall be deemed an unsafe condition. A vacant structure
that is not secured against entry shall be deemed unsafe.
VILLAGE
The Village of Central Square, New York.
The Board of Trustees shall thereafter consider such report
and by resolution determine, if in its opinion the report so warrants,
that such building is unsafe and dangerous and order its repair if
the same can be safely repaired or its demolition and removal, and
further order that a notice be served upon the persons and in the
manner provided herein.
The notice shall contain the following:
A. A description of the premises;
B. A statement of the particulars in which the building is unsafe or
dangerous;
C. An order outlining the manner in which the building is to be made
safe and secure, or demolished and removed;
D. A statement that the securing or removal of such building shall commence
within 15 days of the service of the notice and shall be completed
within 60 days thereafter, unless, for good cause shown, such time
shall be extended;
E. A date, time and place for a hearing before the Board of Trustees
in relation to such dangerous or unsafe building, which hearing shall
be scheduled not less than five business days from the date of service
of the notice; and
F. A statement that in the event of neglect or refusal to comply with
the order to secure or demolish and remove the building, the Board
of Trustees is authorized to provide for its demolition and removal,
to assess all expenses thereof against the land on which it is located,
and to institute a special proceeding to collect the costs of demolition,
including legal expenses.
The said notice shall be served:
A. By personal service of a copy thereof upon the owner, executor, administrator,
agent, lessee, or any person having a vested or contingent interest
in such unsafe building as shown by the records of the Village Tax
Collector or of the County Clerk; or if no such person can reasonably
be found, by mailing such owner by certified mail a copy of such notice
directed to his/her last known address as shown by the above records;
and
B. By personal service of a copy of such notice upon any adult person
residing in or occupying said premises if such person can be reasonably
found; and
C. By securely affixing a copy of such notice upon the unsafe building.
A copy of the notice served as provided herein shall be filed
in the office of the County Clerk of the County of Oswego.
In the event of the refusal or neglect of the person so notified to comply with said order of the Board of Trustees and after the hearing, the Board of Trustees shall provide for the demolition and removal of such building or structure either by Village employees or by contract. Except in an emergency as provided in §
80-11 hereof, any contract for demolition and removal of a building in excess of $20,000 shall be awarded through competitive bidding.
All expenses incurred by the Village in connection with the
proceedings to repair and secure or demolish and remove the unsafe
building, including the cost of actually removing such building, and
all reasonable and necessary legal expenses incidental thereto, shall,
at the option of the Board of Trustees, either:
A. Be assessed against the land on which such building is located and
shall be levied and collected in the same manner as provided in the
Village Law for the levy and collection of a special ad valorem levy;
or
B. Be collected by commencement of a special proceeding against the
owner of said unsafe or dangerous building or structure pursuant to
General Municipal Law § 78-b.
Where it reasonably appears that there is present a clear and imminent danger to life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the Board of Trustees may by resolution authorize the Code Enforcement Officer to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in §
80-10 hereof.
No officer, agent, or employee of the Village shall render himself
or herself personally liable for any damage that may accrue to persons
or property as a result of any act required or permitted in the discharge
of his or her duties under this chapter. Any suit brought against
any officer, agent or employee of the Village as a result of any act
required or permitted in the discharge of his or her duties under
this chapter shall be defended by the Village Attorney until the final
determination of the proceeding therein.
Violation of any of the provisions of this chapter is hereby declared to be a violation pursuant to the Penal Law, punishable by a fine of not more than $250 or imprisonment of not more than 15 days, or both such fine and imprisonment. Each week that such violation exists shall constitute a separate violation. The commencement of an action pursuant to §
80-10 shall be in addition to any penalties provided for in this section.