Town of Chili, NY Article I General Provisions

§ 205-1 Policy and purpose.

A. The purpose of this chapter is to provide basic and uniform standards governing the maintenance, appearance and condition of all buildings and properties within the Town, whether used or intended to be used or designed to be used, in whole or in part, for residential, commercial, business or industrial uses and occupancy.

B. The Town Board finds that properly kept and maintained buildings and properties are essential to the health, safety and welfare of the residents of the Town. The existence of unsanitary or deteriorating building and/or property conditions can endanger the safety of persons, jeopardize the security of private property, and adversely affect the value of surrounding buildings and properties.

C. This chapter is hereby declared to be remedial and essential for the public interest, and it is intended that the same shall be liberally construed to effectuate the purposes herein stated.

§ 205-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BUILDING

Includes primary and/or accessory structures as well as mobile homes.

CODE ENFORCEMENT OFFICER

The Code Enforcement Officers or such other persons appointed by the Town Board to enforce the provisions of this chapter.

EMERGENCY SITUATION

Where the condition of a building, or any part thereof, is an imminent, immediate, and substantial danger to the health or safety of occupants and/or the general public. Such conditions include, but are not limited to, fire hazards, falling or dilapidated buildings, or any part thereof, loss of significant water, heat, ventilation, or a lack of sanitary conditions.

OPERATOR

Any person, persons or entity who has charge, care or control of a building and/or property, including a tenant or property maintenance company.

OWNER

The person, persons, or entity shown to be the owner or owners on the current assessment records; a mortgagee in possession, either by commencement of a mortgage foreclosure action, or otherwise; assignee of rents; receiver; executor, administrator, trustee, lessee, or other person, firm or corporation in control of the premises, including an operator as defined herein. Any such owner shall have a joint and several obligations for compliance with the provisions of this chapter.

SECURED BY OTHER THAN NORMAL MEANS

A building secured by means other than those used in the design and approved plans for the building.

UNIFORM CODE

The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

UNOCCUPIED

A building or portion thereof which lacks the habitual presence of human beings who have a legal right to be on the premises, including buildings ordered vacated by a Code Enforcement Officer. In determining whether a building is unoccupied, a Code Enforcement Officer may consider these factors, among others:

A. Whether lawful residential or business activity has ceased;

B. The percentage of the overall square footage of the occupied to unoccupied space or the overall number of occupied and unoccupied units;

C. Whether the building is substantially devoid of contents or the minimal value of fixtures or personal property in the building;

D. Whether the building lacks utility services;

E. Whether the building is subject to a foreclosure action;

F. The duration of vacancy; and/or

G. The presence or reoccurrence of code violations.

UNSAFE BUILDING

A building that is structurally unsound, unsecured to the elements, or unauthorized entry, or otherwise of a condition that poses an imminent hazard to the community as demonstrated by an investigation and report described at § 205-10 of this chapter.

UNSECURED

A building or portion of a building that is open to entry by unauthorized persons without the use of tools or ladders.

VACANT BUILDING

A building or a portion of a building that meets one of the following criteria:

A. Unoccupied and unsecured;

B. Unoccupied and secured by other than normal means;

C. Unoccupied and an unsafe building as determined by an Enforcement Officer;

D. Unoccupied and the Code Enforcement Office has issued an order to correct code violations; or

E. Unoccupied for a period of time over 30 days, excepting properties actively listed for sale on the MLS or other generally accepted marketing forum.