[HISTORY: Adopted by the Board of Trustees of the Village
of Boonville 4-23-1984 by L.L.
No. 2-1984. Amendments noted where applicable.]
It is the finding of the Board of Trustees of the Village of
Boonville that the existence of abandoned and unattended buildings
or parts of buildings within the Village of Boonville, which may or
may not be structurally sound, constitute a danger and a threat to
the safety, health, comfort, and general welfare of this Village.
It is thus the intent of this chapter to provide for the protection
of property, the preservation of peace and good order, the suppression
of vice, the benefit of trade, and the preservation and protection
of public works as provided by § 4-412 of the Village Law.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The provisions of this chapter shall be in addition to, and
in furtherance of, the New York State Uniform Codes, as well as any
future adopted versions.
The following words and phrases as used in this chapter shall
have the meaning hereinafter ascribed to them. All other words and
phrases shall have the meaning normally ascribed to them.
The duly elected and constituted Board of Trustees of the
Village.
House, shed, fence, or other man-made structure, or part
of any such house, shed, fence, or structure.
The incorporated Village of Boonville.
For the purposes of this chapter, a dangerous building is declared
to be:
A.
Any building which is dangerous to the public health, safety and
general welfare because of its condition and which may cause or aid
in the spread of disease or injury to the health, safety or general
welfare of the occupants of it or of neighboring buildings, or any
buidling substantially damaged by fire; or
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Any building which, because of lack of proper repair, construction,
or supervision, constitutes or creates a fire hazard; or
C.
Any building which, because of its condition or because of a lack
of proper windows or doors, is available to and frequented by malefactors
or disorderly persons.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Whenever the Board of Trustees shall have reasonable cause to
believe that any building in the Village is a dangerous building,
a statement setting forth such facts shall be filed by the Mayor with
the Village Clerk. The Clerk shall thereupon cause written notice
to be served upon the owner thereof and upon the occupant thereof,
if any, by registered mail or by personal service. Such notice shall
state that the building has been declared a dangerous building and
that necessary repairs or improvements must be begun within 15 days
after service of such notice or such person or persons will be charged
with a violation of this chapter. Such notice shall be in substantially
the following form:
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TO: ____________________
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FROM: The Board of Trustees, Boonville, NY
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You are hereby notified that the Board of Trustees of the Village of Boonville has determined that the building owned by you, and located at _____, has been declared a dangerous building as provided for and defined in Chapter 135, Unsafe and Dangerous Buildings, of the Code of the Village of Boonville, in that (herein insert particulars) after inspection by __________. In accordance with the provisions of such chapter, you are hereby directed to begin all necessary repairs or improvements within 15 days after service of this notice. Failure to so comply will result in a violation of Chapter 135, Unsafe and Dangerous Buildings, of the Code of the Village of Boonville, which provides for a penalty upon conviction of a fine not to exceed $250 or imprisonment for not more than 15 days, or both, for each week of such violation.
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In addition to serving a notice on the owner as provided in § 135-6 above, the Board of Trustees may; if it determines that the purpose of this chapter will be further effectuated, order that no person other than the owner or his agent shall enter upon the property and shall post on such property signs indicating "no trespassing." When such a determination is made, notice of such fact shall be included in the notice to the owner referred to in § 135-6 above. Anyone found trespassing in violation of this section shall be liable for a fine not to exceed $50 for each offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Except as provided in § 135-7 above, any person found guilty of violating this chapter shall be liable for a fine not to exceed $250 or imprisonment for not more than 15 days, or both, for each violation. Each week such violation shall continue shall constitute a separate violation.
