This chapter shall be known as the "Unsafe Building Ordinance."
The provisions of this chapter shall be in addition to, and
in furtherance of, the New York State Uniform Fire Prevention and
Building Code, including but not limited to Sections 108 and 109 of
the International Property Maintenance Code.
Unsafe buildings are those:
A. Whose interior walls or other vertical structural members list, lean
or buckle to such an extent that the same would be unacceptable in
a new structure of similar type and design, being in contravention
of established construction principals, and there exists a possibility
of collapse of the building or structure or any portion thereof.
B. 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.
C. 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.
D. 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 Town of Verona.
E. Which have become or are so dilapidated, decayed, unsafe, 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 of those living therein.
F. Having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human
beings who live or may live therein.
G. Having inadequate facilities for egress in case of fire or panic
or those having insufficient stairways, elevators, fire escapes or
other means of escape.
H. Which have parts thereof which are so attached that they may fall
and injure members of the public or property.
I. Which because of their condition are unsafe, unsanitary or dangerous
to the health, morals, safety or general welfare of the people of
this Town.
J. Buildings existing in violation of any provision of any other ordinance
of the Town of Verona or laws of the State of New York.
The following standards shall be followed in substance by the
Enforcement Officer and Town Board in ordering repair, vacation or
demolition:
A. If the unsafe 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.
B. If the unsafe building is in such condition as to make it dangerous
to the health, morals, safety or general welfare of its occupants
it shall be ordered to be vacated.
C. In any case where an unsafe building is so damaged or decayed or
deteriorated from its original value or structure so that it can not
be economically restored, it shall be demolished, and in all cases
where a building can not be repaired so that it will no longer exist
in violation of the terms of this chapter it shall be demolished.
In all cases where an unsafe building is a fire hazard existing or
erected in violation of the terms of this chapter or any provisions
of any other ordinance or laws of the State of New York, it shall
be demolished.
All unsafe buildings within the terms of §
114-3 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The Enforcement Officer shall:
A. Inspect any building, wall or structure about which complaints are
filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this chapter, and report his
findings at least annually to the Town Board or more frequently as
requested by the Town Board.
B. Inspect any building, wall or structure reported (as hereinafter
provided for) by the Fire Departments or police officers operating
in this Town as probably existing in violation of the terms of this
chapter.
C. Notify personally or in writing the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner of some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of any building found by him to be an unsafe building within the standards set forth in §
114-3 of this chapter.
(1) The owner must vacate or repair or demolish said building in accordance
with the terms of the notice and this chapter.
(2) The occupant or lessee must vacate said building or may have it repaired
in accordance with the notice and remain in possession.
(3) Any mortgagee, agent or other persons having an interest in said
building may at his own risk, repair, vacate or demolish said building
or have such work or act done; provided, that any person notified
under this subsection to repair, vacate or demolish any building shall
be given such reasonable time, as determined or specified by the Enforcement
Officer, as may be necessary to do, or have done, the work or act
required by the notice provided for herein.
D. Set forth in the notice provided for in Subsection
C hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which make the building or structure an unsafe building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time as determined or specified by the Enforcement Officer.
E. Report to the Town Board any noncompliance with the notice provided for in Subsections
C and
D hereof.
F. Appear at all hearings conducted by the Town Board, and testify as
to the condition of unsafe buildings.
G. Place a notice on all unsafe buildings reading as follows: "This building has been found to be an unsafe building by this Enforcement Officer. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, or someone of the owner's executors, legal representatives, agents, lessees or any other persons having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or someone of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of any building found by me to be an unsafe building within the standards set forth in §
114-3 of the ordinance of the Town of Verona entitled "Unsafe Buildings." It is unlawful to remove this notice until such notice is complied with."
H. Issue a certificate of compliance and file a copy with the Town Clerk, upon compliance with the terms of the notice provided for in Subsections
C and
D hereof.
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an unsafe building as defined herein is immediately repaired, vacated or demolished, the Enforcement Officer shall report such facts to the Town Board and the Town Board shall cause the immediate repair, vacation or demolition of such unsafe building. The costs of such emergency repair, vacation or demolition of such unsafe building shall be collected in the same manner as provided in Subsection
E of §
114-7.
In cases, except emergency cases, where the owner, occupant or lessee is absent from the Town, all notices or orders provided for herein shall be sent by registered mail to the party in interest as described in Subsection
C of §
114-6 to the last known address of such party in interest, and a copy of such notice shall be posted in a conspicuous place on the unsafe building to which it relates. Such mailing and posting shall be deemed adequate service.
No officer, agent or employee of the Town of Verona shall render
himself personally liable for any damage that may accrue to persons
or property as a result of any act required or permitted in the discharge
of his duties under this chapter. Any suit brought against any officer,
agent or employee of the Town of Verona as a result of any act required
or permitted in the discharge of his duties under this chapter shall
be defended by the Town Attorney until the final determination of
the proceeding therein.
Any fireman of any Town Fire Department serving in the Town
shall make a report, in writing, to the Enforcement Officer of any
building or structures which are, may be, or are suspected to be unsafe
buildings within the terms of this chapter. Such reports must be delivered
to the Enforcement Officer within 24 hours of the discovery of such
buildings.
Any law enforcement official shall make a report, in writing,
to the Enforcement Officer of any buildings or structures which are
or may be deemed to be unsafe buildings within the terms of this chapter.
Such reports must be delivered to the Enforcement Officer within 24
hours of the discovery of such buildings.
Pursuant to Subdivision 1(ii)d(3) of § 10 of the Municipal
Home Rule Law, the provisions of this chapter shall supersede Subdivision
16 of § 130 of the Town Law.
In any case where a provision of this chapter is found to be
in conflict with a provision of any zoning, building, fire, safety
or health ordinance or code of the Town of Verona existing on the
effective date of this chapter, the provisions which in the judgment
of the Town Board establishes the higher standard for the promotion
of health and safety of the people shall prevail.