Unsafe buildings pose a threat to life and property in the Town
of New Hartford. Buildings and structures may become unsafe by reason
of damage by fire, the elements, age or general deterioration. Vacant
buildings not properly secured 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. It is the purpose of this
chapter to provide for the safety, health protection and general welfare
of persons and property in the Town of New Hartford by requiring such
unsafe buildings be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings Law in
the Town of New Hartford."
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 Town of New Hartford
or other such person appointed by the Town Board to enforce the provisions
of this chapter.
A building is, or may become, dangerous or unsafe to the general
public if:
A. It
is open at the doorways making it accessible or an object of attraction
to minors, vagrants and/or other trespassers.
B. Its
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 the middle third of its base.
C. Exclusive of its foundation, it shows 33% or more of damage to or
deterioration of the supporting member or members, or 50% of damage
to or deterioration of the nonsupporting, enclosing or outside walls
or covering.
D. It has 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.
E. It has been damaged by fire, wind or other causes so as to have become
dangerous to life, safety or the general health and welfare of the
occupants or the people of this Town.
F. It has become or is so dilapidated, decayed, unsafe or unsanitary,
or utterly fails to provide the amenities essential to decent living
that it is unfit for human habitation or is likely to cause sickness
or disease so as to work injury to the health, safety or general welfare
of those living therein or adjacent thereto.
G. It has 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, with particular reference to the requirements
of the New York State Uniform Fire Prevention and Building Code as
a determinant.
H. It has inadequate facilities for egress in cases of fire or panic,
or has insufficient stairways, elevators, fire escapes or other means
of access or egress, again referencing the New York State Uniform
Fire Prevention and Building Code as a determinant.
I. It has parts which have become so detached they may fail and injure
members of the public or others' property.
J. Is or may become a place of rodent infestation.
K. Presents any other danger to the health, safety, morals or general
welfare of the public.
L. Is unfit for the purposes for which it may be lawfully used.
Upon complaint about a building or on his own volition, the
Code Enforcement Officer will cause to be made or make himself an
inspection thereof and report, in writing, to the Town Board his findings
and recommend actions as to repair, demolition or removal.
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 30 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 the hearing, which shall be scheduled
not less than five business days from the date of service of the notice.
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 Town
Board 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.
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 Receiver of
Taxes or of the County Clerk; or, if no such person can be reasonably
found, by mailing such owner, by certified mail, return receipt requested,
a copy of such notice directed to his 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 Oneida.
If the owner fails or neglects to comply with the order of the Town Board within 20 working days (Monday through Friday, excluding holidays), after service as provided in §
52-8, the Town Board shall order the repair or the demolition and removal of the building.
All expenses incurred by the Town in connection with the proceedings
to repair and secure or demolish and remove the unsafe building, including
the cost of actually removing such building, shall be assessed against
the land on which such building is located and shall be levied and
collected in the same manner as provided in Town Law for the levy
and collection of a special ad valorem levy.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or properly, unless an unsafe building is immediately repaired and secured or demolished, the Town Board 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 §
52-11 hereof.
The surveyor appointed as provided herein shall be paid reasonable
compensation as shall be fixed by the Town Board.
The transfer of title by the owner of premises upon which an
unsafe building or structure is located shall be no defense to any
proceedings under this chapter.
Any person upon whom an order 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 order or who
shall resist or obstruct the Code Enforcement Officer or any other
Town employee in carrying out the provisions of this chapter shall,
upon conviction, be guilty of a violation pursuant to the Penal Law
of the State of New York, punishable by a fine of not more than $250
or by imprisonment for not more than 15 days, or by both such fine
and imprisonment. Each day in which such offense continues shall constitute
a separate violation.