[HISTORY: Adopted by the City Council of
the City of Lackawanna 12-16-2014.[1] Amendments noted where applicable.]
[1]
Editor's Note: The ordinance adopted this date also repealed
former Ch. 83, Buildings, Unsafe, adopted 12-7-1987 as Ch. 33 of the
1987 Code.
Unsafe buildings pose a threat to life and property in the City
of Lackawanna. 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 City of Lackawanna by requiring
that such unsafe buildings be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings Ordinance
of the City of Lackawanna."
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof used for residential,
business or industrial purpose.
The Code Enforcement Officers employed by the City of Lackawanna,
their designees or such other person appointed by the Director of
Development to enforce the provisions of this chapter.
All buildings or structures which have any or all of the
following defects shall be deemed "unsafe buildings":
Those whose 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 of the middle third of its base.
Those which, exclusive of the foundation, show 33% or more of
damage or deterioration of the supporting member or members or 50%
of damage or deterioration of the nonsupporting enclosing or outside
walls or covering.
Those which have improperly distributed loads upon the floors
or roofs or in which the same is overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
Those which have been damaged by fire, wind or other causes
so as to have become dangerous to life, safety, morals or the general
health and welfare of the occupants or the people of the City of Lackawanna.
Those which have become or are so dilapidated, decayed, unsafe,
or 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,
morals, safety or general welfare to those living therein.
Those having light, air and sanitation facilities which are
inadequate to protect the health, morals, safety or general welfare
of humans who live or may live therein.
Those having inadequate facilities for egress in case of fire
or panic or those having insufficient stairways, elevators, fire escapes
or other means of escape.
Those which have parts thereof which are so attached that they
may fall and injure members of the public or property.
Those which because of their condition are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the
people of the City of Lackawanna.
Those buildings existing in violation of any provision of the
New York State Uniform Fire Prevention and Building Code, Building
Construction Codes Administration, Zoning Law of the City of Lackawanna,
or any other applicable law or ordinance of the City of Lackawanna.
Any building or structure which remains vacant and unattended
continuously for a period of one year or longer without adequate safeguards
to prevent unauthorized entry.
When, in his/her own opinion or upon receipt of information
that a building is or may become dangerous or unsafe to the general
public; is open at the doorways and windows, making it accessible
to and an object of attraction to minors under 18 years of age, as
well as to vagrants and other trespassers; is or may become a place
of rodent infestation; presents any other danger to the health, safety,
morals and general welfare of the public; or is unfit for the purposes
for which it may lawfully be used, the Code Enforcement Officer shall
cause or make an inspection thereof and report, in writing, to the
Director of Development his/her findings and recommendations in regard
to its repair or demolition and removal.
A.
The
Director of Development, his designee or such other person appointed
by the Director of Development, shall hereafter consider such report
and, determine, if in his 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.
B.
The
following standards shall be followed in substance by the Director
of Development in ordering repair, vacations, or demolition of unsafe
buildings:
(1)
Repairing. If the building can reasonably be repaired so that it
will no longer exist in violation of the terms of this chapter, it
shall be ordered repaired.
(2)
Vacating. If the building is in such condition as to make it unsafe
to the health, safety or general welfare of its occupants, it shall
be ordered to be vacated.
(3)
Demolition. In any case where a building is 50% damaged, 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 is will
no longer exist in violation of the terms of this chapter, it shall
be demolished. In all cases where a building is a fire hazard existing
or erected in violation of the terms of this chapter or any ordinance
or local law of the City or statute of the state, it shall be demolished.
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 will commence
within 30 days of 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 Director of Development
in relation to such dangerous and unsafe building, which hearing 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 City
of Lackawanna is authorized to provide for its securing or 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 securing or demolition, including but not limited to legal
expenses and any fees associated with the retention of an expert(s)
to enforce the provisions of this chapter.
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 City Treasurer,
City Assessor, City Clerk or County Clerk; or
B.
By
personal service of a copy of such notice upon any a person of suitable
age and discretion residing in or occupying such premises; and by
mailing a copy of such notice via certified mail directed to the owner,
executor, administrator, agent, lessee or any person having a vested
or contingent interest in such unsafe building as shown by the above
records; or
C.
By
securely affixing a copy of such notice upon the unsafe building;
and by mailing a copy of such notice via certified mail directed to
the owner, executor, administrator, agent, lessee or any person having
a vested or contingent interest in such unsafe building as shown by
the above records.
A copy of the notice served as provided herein shall be filed
in the office of the County Clerk of the County of Erie.
In the event of the refusal or neglect of the person so notified to comply with said order of the Director of Development and after the hearing, the Director of Development shall provide for the demolition and removal of such building or structure either by City of Lackawanna employees or contract. Except in an emergency as provided in § 83-14 hereof, any contract for demolition and removal of a building in excess of $5,000 shall be awarded by competitive bidding.
A.
Preparations. Before starting demolition, the following must be completed:
(1)
An asbestos survey, asbestos abatement letter and an inspection report,
supplied by a New York State-licensed asbestos inspector, must be
submitted as part of the application for a building demolition permit.
An asbestos survey is needed for the demolition of any building built
before January 1, 1974, excluding agricultural. A licensed asbestos
handler contractor shall perform any and all asbestos abatement projects
performed in the City of Lackawanna. This contractor shall be licensed
by the City of Lackawanna as a specialty contractor. The asbestos
handler contractor shall obtain a building permit prior to the asbestos
abatement work. A code enforcement officer, or his designee, shall
inspect the completed asbestos abatement prior to any demolition or
dismantling action taken by the contractor.
(2)
A building demolition permit must be applied for, approved and issued.
(3)
Prior to the issuance of the building demolition permit, all buildings
must be baited for rodents. The demolition of the baited structure
shall commence no later than seven days after the baiting is completed.
The applicant is responsible to provide written proof of such rodent
baiting being performed by a licensed exterminator.
(4)
The Director of Development may, prior to the issuance of a building
demolition permit, order an environmental impact study to determine
whether any environmental hazards or contaminations are present.
(5)
All gas, electric, water, steam and other supply lines shall be shut
off and capped. In each case, the service company involved shall be
notified in advance of any dismantling and/or demolition activity.
It is the responsibility of the owner/contractor/agent to notify UFPO
(Underground Facilities Protective Organization) and to obtain any
necessary permits.
(6)
Where it is necessary to maintain any power, water, gas or electric
lines during demolition, such lines shall be relocated or protected
with substantial coverings in order to protect them from damage and
to afford safety to the workmen.
(7)
Before any demolition or site work is done and before any large machinery,
including, but not limited to, backhoes, excavators, front-end loaders
tandem-axle dumps, tractor-trailers, dumpsters and their trucks, cranes,
etc., is allowed on the site or on any City right-of-way adjacent
to the site, a sidewalk survey inspection must be done and included
as part of the demolition permit paperwork submission. The sidewalk
survey shall include a drawing of the site and any adjacent City rights-of-way,
and shall include the address, the date, the inspector and a verbal
description and photographs of the condition of all affected sidewalks,
aprons, and other paved flatwork on the City right-of-way adjacent
to the site or affected by the project. A follow-up inspection, including
new photos, drawings and verbal description, shall be compared to
the results from the initial sidewalk inspection to determine what
damages, if any, have occurred.
B.
Demolition work. All demolition work to be performed under this chapter
shall include the demolition and removal of all buildings structures
above and below grade level, above and below ground storage tanks,
underground tunnels, floors and appurtenances thereto and foundations
removed to virgin soil. No partial removal or partial demolition of
any structure and its components may take place without the written
approval of the Director of Development. All demolition work shall
include the following:
(1)
Removal of all old materials and rubbish of every description from
the site of the demolition work, including all basements and/or cellars.
(2)
All foundations, concrete floors located in basements, sub-basements,
cellars, boiler rooms and crawl spaces, etc., shall be broken, removed
and dispensed of in conformance with this chapter.
(3)
In all cases where a retaining wall is demolished and/or removed
or where the pitch of the finished, graded lot would likely cause
erosion problems or where what is known as an embankment would have
been formed, the contractor and the Code Enforcement Officer, or his
designee, shall meet at the site and agree on type and method of installing
fill materials, angle, pitch and relation of finished grade to sidewalk
and walkway.
(4)
Any damages to existing sidewalks, curbs, or streets caused in the
performance of the work of this contact shall be replaced in kind
and/or repaired. All remedial work shall be done by the contactor
at his own expense, bearing the cost of restoring affected streets
and curbs to a good and satisfactory condition and shall be approved
by a Code Enforcement Officer.
(5)
In the filling of excavations, voids and/or depressions, filling
materials must conform to the following standards: The filling material
shall be 66% clay materials or higher. The filling materials shall
have no particles greater than 216 cubic inches in dimension. Sod,
roots, stumps, trees, brush, or asphalt materials shall not be used
so as to not disturb the environmental balance of the present and
surrounding soils. Documentation of sources and custody of filling
materials shall be provided and approved by a Code Enforcement Officer.
(6)
If the filling material is found to be contaminated or unsuitable
as fill in any way, such filling material shall be removed from the
site and replaced at the demolition contractor's expense.
(7)
Upon completion of the demolition work the work area shall be graded
and leveled, taking care to properly fill all depressions and voids.
The final grade shall be of 12 inches of 100% soil content free of
all aggregate materials as well as lacking sod, roots, stumps, trees,
brush, stone and asphaltic material. Bituminous is not allowed to
be used as filling materials. The final grade is to also provide for
proper drainage and to be done as to not collect any standing water
or cause neighboring or adjacent properties to become a receptacle
for the aforementioned drainage.
(8)
Barricades, "orange" construction fences and all other protection
shall be continue, properly supported and maintained by this contractor
for the full period of the contract and shall be removed by the contractor
upon completion of the work.
C.
Inspection.
(1)
The contractor is to notify a Code Enforcement Officer 24 hours prior
to the start of demolition to provide for proper inspections.
(2)
The contractor shall be required to obtain an inspection from a Code
Enforcement Officer after all excavation work is completed and prior
to the placement of any filling materials. No backfilling of any excavation
shall be performed prior to obtaining written approval from a Code
Enforcement Officer.
D.
Removal of debris. Material and debris resulting from demolition
for which a permit has been granted shall be removed from the premises
as follows:
(1)
All construction and demolition debris shall be disposed of in conformance
and compliance with all state, federal and local legislation governing
the disposal of this debris. The staging and/or storage of any construction
and/or demolition debris from any demolition and/or cleanup jobs that
does not have its origin at the respective job site is prohibited.
(2)
Wrecking operations shall be kept within the property lines.
(3)
Chutes for the removal of materials and debris shall be provided
in all such parts of demolition operations as are deemed necessary
by the Code Enforcement Officer or his designee.
A.
All expenses incurred by the City of Lackawanna 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 Chapter 201 of the City Code for the levy and collection of a special ad valorem levy.
B.
The owner, occupant or lessee in possession of any unsafe building
shall be subject to suit and any other proceeding at law to collect
all municipal liens, assessments, costs and expenses incurred by the
Director of Development in repairing, securing or causing to be vacated
or demolished unsafe buildings.
C.
The City of Lackawanna may take such other legal action as is necessary
to carry out the terms and provisions of this chapter.
The owner, occupant or lessee in possession of any unsafe building
who shall fail to comply with any notice or order to repair, vacate,
or demolish such building given by any person authorized by this chapter
to give such notice or order shall be fined not exceeding $250 for
each offense and a further sum of $10 for each and every day such
failure to comply continues beyond the date fixed for compliance.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe building is immediately repaired and secured or demolished, the Director of Development may 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 § 83-11 hereof.
Should any section or provision of this chapter be or be held
invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the validity of the chapter as a whole or any part
thereof other than said invalid or unconstitutional part.
