[HISTORY: Adopted by the Board of Trustees of the Village
of Livonia 5-27-1998 by L.L. No.
6-1998. Amendments noted where applicable.]
Unsafe buildings pose a threat to life and property in the Village
of Livonia. 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 attractive nuisances for young children who may be injured therein,
as well as points of congregation for vagrants and transients. A dilapidated
building may also serve as a place for 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 Village of Livonia by requiring such
unsafe buildings to be repaired or demolished and removed.
This chapter shall be known as "Unsafe Buildings Law" of the
Village of Livonia.
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 Officer of the Village of Livonia or
such other person appointed by the Board of Trustees to enforce the
provisions of this chapter.
Buildings or other structures which have any of the following
defects:
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 nonsupporting member or members enclosing
or outside walls or covering.
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.
Those which have been damaged by fire, wind, snow load or other
causes so as to have become dangerous to the life, safety and general
welfare of the residents of the Village.
Those which have become or are so dilapidated, decayed, unsafe
or unsanitary that they are unfit for occupation by humans or animals
or for use for storage.
Those buildings intended or used for human occupation that are
inadequate to protect the health, safety and general welfare of human
residents living therein.
Those buildings that lack adequate facilities for ingress and
egress in case of fire or other emergency 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 persons on the property or members of the general
public or cause damage to other property.
Those buildings which violate the provisions of the New York
State Uniform Fire Prevention and Building Code, the Zoning Law of
the Village,[2] the Property Maintenance Code of New York State, the Building
Code of New York State, the Fire Code of New York State, the Residential
Code of New York State, the Plumbing Code of New York State, the Mechanical
Code of New York State, the Energy Code of New York State and any
other applicable laws of the State of New York, County of Livingston
or the Village.
Any building which remains vacant and unattended continuously
for a period of one year or longer, without adequate safeguards to
prevent unauthorized entry.
This Code provision shall be applicable to all properties in
the Village, whether existing at the time of the adoption of this
provision or constructed thereafter.
When in his 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 people 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 or authorized
representative shall cause or make an inspection thereof and report
in writing to the Board of Trustees his findings and recommendations
in regard to its repair or demolition and removal.
The Board of Trustees shall thereafter consider such report
and, by resolution, determine if, in its 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.
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 a hearing before the Board of Trustees
in relation to such dangerous or 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 Board
of Trustees 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 by:
A.
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 Tax Collector) or of the County Clerk or, if no such person
can be reasonably found, by mailing such owner by certified mail a
copy of such notice directed to his last known address as shown by
the above records;
B.
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.
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 Livingston.
In the event of the refusal or neglect of the person so notified to comply with said order of the Board of Trustees and after the hearing, the Board of Trustees shall provide for the demolition and removal of such building or structure either by Village employees or by contract. Except in an emergency as provided in § 88-11 hereof, any contract for demolition and removal of a building in excess of an amount determined by the Code Enforcement Officer shall be awarded through competitive bidding.
All expenses incurred by the Village in connection with the
proceedings to repair and secure or demolish and remove the unsafe
building, including the cost of actually removing such building, plus
10%, 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 Article 22 of the Village 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 property, unless an unsafe building is immediately repaired and secured or demolished, the Board of Trustees 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 § 88-10 hereof.
Any person or persons who shall violate any provisions of this
chapter, commit unauthorized removal of notices or interference with
officials shall be guilty of an offense punishable by a fine not exceeding
$250 or imprisonment for a period not exceeding 15 days, or both.
Each days' continued violation shall constitute a separate offense.
