The purpose of this chapter is to protect the health, welfare
and safety of the inhabitants of the Village of Churchville and also
to protect property values of adjoining property owners, whose property
values may decline due to a failure of any property owner to properly
care for or maintain his/her property, and to provide basic and uniform
standards governing the condition, occupancy and maintenance of property
within the Village, including, but without limitation thereof, the
right to demolish and remove unsafe structures.
The Village Board of the Village of Churchville hereby determines
that the demolition, vacating, repair or removal of unsafe and dangerous
buildings and the proper maintenance of all properties within the
Village is, and shall be, in the best interests of the public and
therefore provides in this chapter for such demolition, vacating,
repair or removal of such buildings, and the cleanup of improperly
maintained premises and for the assessing of the costs thereof against
the owner of the premises.
As used in this chapter, the following terms shall have the
meanings indicated:
DANGEROUS BUILDINGS
All buildings or structures which have any or all of the
following defects shall be deemed "dangerous buildings":
A.
Those whose interior or exterior walls or other vertical structural
members list, lean or buckle to such an extent that an unsafe structural
condition exists.
B.
Those which, exclusive of the foundation, show 33% or more of
damages or deterioration of the 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, rain or other causes
so as to have become dangerous to life, safety, or the general health
and welfare of the occupants or the residents of the Village of Churchville.
E.
Those which have become or are so dilapidated, decayed, unsafe,
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, safety
or general welfare of those living therein.
F.
Those having light, air and sanitation facilities which are
inadequate to protect the health, 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 evacuation.
H.
Those which have parts thereof which are so attached that they
may fall and injure members of the public, the occupants thereof or
other property.
I.
Those which because of their conditions are unsafe, unsanitary
or dangerous to the health, safety or general welfare of the residents
of the Village of Churchville.
J.
Those which have substantial violations of Chapter
250, Zoning, of the Village Code or the New York State Uniform Fire Prevention and Building Code.
IMPROPERLY MAINTAINED PREMISES
Any lands within the Village of Churchville which are overgrown
or uncut and not maintained periodically and on a regular basis and
which contain brush, grass, rubbish, weeds, debris, garbage, noxious
weeds, long grass or weeds or any other rank growth or discarded materials.
The following standards shall be followed in substance by the
Building Inspector/Code Enforcement Officer of the Village of Churchville
in ordering repair, vacation or demolition:
A. If the dangerous building or structure can reasonably be repaired
so that it will no longer exist in violation of the terms of this
chapter, it shall be ordered repaired.
B. If the dangerous building or structure is in such condition as to
make it dangerous to the health, safety or general welfare of its
occupants or the residents of the Village of Churchville, it shall
be ordered to be vacated and may be ordered to be demolished.
C. In any case where a dangerous building or structure is 50% damaged
or decayed or deteriorated from its original value or structure, it
shall be demolished; and in all cases where a building cannot be repaired
so that it will no longer exist in violation of the terms of this
chapter, it shall be demolished. In all cases where a dangerous building
is a fire hazard existing or erected in violation of the terms of
this chapter or any law of the State of New York, it shall be demolished.
All dangerous buildings within the terms of this chapter are
hereby declared to be public nuisances and shall be repaired, vacated
or demolished as hereinbefore and hereinafter provided.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All lands within the Village shall be maintained in accordance with the Property Maintenance Code of the State of New York and generally acceptable standards within the Village, and if, upon inspection by the Building Inspector/Code Enforcement Officer, they are found to be improperly maintained premises as defined in this chapter, then the Building Inspector/Code Enforcement Officer shall proceed to enforce the provisions of this chapter regarding maintenance under the provisions of §
170-7 herein.
Whenever an owner of property within the Village of Churchville
is required under the provisions of this chapter to demolish, repair
or improve such premises or to properly maintain them, and such owner
shall fail to demolish or make such repairs or improvement or perform
the work required or maintain the premises, and the Village of Churchville
shall cause such work or act to be performed on such property, or
a contract has been awarded therefor by the Village Board, the cost
of such work may be assessed, levied and collected as provided for
herein.
A. Upon receiving the name or names of such defaulting persons, the
Village Clerk shall thereafter cause a written notice to be served,
either personally or by ordinary mail, upon the owner of the property
involved, at his/her last known address, stating that at a time and
place therein specified, the Village Clerk will assess such costs
and/or delinquencies or default amounts against the property. Such
notice shall be served at least 10 days prior to the time specified
therein.
B. At the time and place so specified, the Village Clerk shall hear
the parties interested and shall thereupon complete the assessment,
stating therein the name of the owner and the amount so assessed,
and shall return the assessment and the report thereon to the Village
Board.
C. The Village Board shall certify such assessment to the Town of Riga
Assessor, who shall cause the amount therein stated to be levied against
such property; and any uncollected assessments shall be a lien upon
the land affected.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D. Such amount shall be levied and collected at the same time and in
the same manner as other Village taxes and shall be paid to the Village
of Churchville and be applied to reimbursing the fund or funds from
which such cost was originally defrayed.
E. If such notice is served against a corporation, it may be served
upon the corporation at its principal place of business, place of
business of an agent of a corporation within the Village, or upon
the Secretary of State. Notice served upon the Secretary of State
shall be served at least 14 days previous to the time specified therein.
Any person who violates any of the provisions of or who fails
to perform any duty imposed by this chapter, or any order or determination
of the Village Board or Building Inspector/Code Enforcement Officer
or Village Clerk under this chapter, or the terms of any notice, requirement
or order issued hereunder, shall be liable to the Village of Churchville
for a civil penalty not to exceed the maximum amount allowed by law
for each such violation, to be assessed after a hearing held in conformance
with the procedures set forth in this chapter. Each violation shall
be separate and distinct violation, and in the case of continuing
violation, each day's continuance thereof shall be deemed a separate
and distinct violation. Such penalty may be recovered in an action
brought by the Village of Churchville Attorney at the direction of
the Village Board in the name of the Village of Churchville in any
court of competent jurisdiction. In addition to the above-described
penalty and damages, the Village of Churchville may recover reasonable
attorney's fees, court costs and other expenses associated with
the enforcement activities. Such civil penalty may be released or
compromised by the Village Board before the matter has been referred
to the Village of Churchville Attorney, and where such matter has
been referred to the Village of Churchville Attorney, any such penalty
may be released or compromised, and any action commenced to recover
the same may be settled and discontinued by the Village of Churchville
Attorney, with the consent of the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who willfully violates any provision of this chapter or any final determination or order of the Village of Churchville Building Inspector/Code Enforcement Officer or Village Board made in accordance with this chapter shall, upon conviction, be punishable as provided in Chapter
1, Article
II, General Penalty, of the Village Code. In the event of a second or any subsequent convictions, the user shall be punishable by a maximum fine as allowed by law.