As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any building, structure, or portion thereof used for residential,
agricultural, business, or industrial purposes.
CODE OFFICER
The Code Enforcement Officer of the Village of Lowville,
or any other law enforcement official chargeable with enforcement
of the local laws of the Village of Lowville.
OWNER
The person, partnership, corporation or other entity shown
to be the owner of a property as per those documents most recently
recorded in the Lewis County Clerk's records.
The Code Officer, when in his 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 or 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 be lawfully used, shall cause or make an inspection thereof
and report in writing to the Village Board, his findings and recommendations
in regard to its repair, demolition, and/or removal.
The Village Board shall consider any report rendered to it under
this chapter by the Code Officer and, by resolution, determine if
in its opinion the report so warrants that such building is unsafe
and dangerous and order that it be made safe, secured or removed,
and further order that a notice be served upon the persons identified
below 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. A report outlining the manner in which the building is to be made
safe, secured, or removed.
D. A statement that the securing or removal of the building shall commence
within 15 days of service of the notice and shall be completed within
60 days thereafter, except in case of emergency in which case the
Village Board may shorten such timeframes, or where for good cause
shown the time should be extended.
E. A date, time, and place for hearing before the Village Board in relation
to such dangerous or unsafe building, which hearing shall be scheduled
not less than 15 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 remove the building, the Village Board, after
hearing, is authorized to provide for its demolition and removal,
and to assess all expenses incurred thereby against the owner of the
property and institute a special proceeding to collect the costs of
demolition, including legal expenses.
The notice shall be served on the owner of the premises, or
his executor, administrator, legal representative, agent, lessee,
or any other person having a vested or contingent interest in the
property, either personally or by certified mail, return-receipt requested,
addressed to the last known address, if any, of the owner, or other
persons mentioned herein, as shown by the records of the receiver
of taxes, and/or in the Office of the County Clerk. A copy of such
notice is also to be posted on the premises. The notice shall be considered
served upon personal delivery or five days after it is mailed.
In the event of a failure or refusal of the owner to comply with said order of the Village Board, after the hearing, the Village Board may provide for the demolition and removal of such building and/or structure either by Village employees or by contract. Except in emergency cases as provided in §
93-8, any contract for demolition and/or removal of building in excess of $10,000 shall be awarded through competitive bidding.
Where it reasonably appears that there is a present, clear and imminent danger to the life, safety, or health of any person or property unless an unsafe building is immediately repaired, secured, or demolished, the Village Board may, by resolution, authorize the Code Officer or any other representative of the Village to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition shall be recovered as provided in §
93-7.