[HISTORY: Adopted by the Board of Trustees
of the Village of Springville 10-3-2016 by L.L. No. 6-2016[1]. Amendments noted where applicable.]
The Code Enforcement Officer of the Village of Springville will
be charged with the responsibility of carrying out the obligations
and duties set forth in this chapter.
No owner of a building or structure in the Village of Springville
shall cause or permit said building or structure to become dangerous
or unsafe to the public. In the event that any building or structure
now or hereafter becomes dangerous or unsafe to the public, from any
cause whatsoever, said owner shall repair or remove said building
or structure.
Dangerous and unsafe buildings and structures shall include
but are not limited to the following:
A.
A vacant building or structure not continuously guarded or boarded
up and which is not safe and secure from unauthorized entry or use
shall be deemed dangerous and unsafe.
B.
A vacant building or structure boarded up for a period of one year
shall, at the expiration of such period, in the absence of competent
and relevant evidence being furnished to the contrary, be presumed
to be a fire hazard, dangerous and unsafe.
A.
Upon
receipt of information that a building or structure may be dangerous
or unsafe to the public from any cause, the Code Enforcement Officer
shall conduct an inspection of said building or structure. If the
Code Enforcement Officer, upon completion of such inspection of a
building or structure, concludes that said building or structure is
unsafe or dangerous, he shall so report to the Village Board of Trustees.
Said report shall contain a description of the premises and a statement
of the particulars by which the building or structure is unsafe or
dangerous to the public.
B.
If upon review of said report the Village Board resolves that the Code Enforcement Officer has established the reasonable likelihood of an unsafe or dangerous condition, the Village Board may in its discretion direct the Code Enforcement Officer to issue a notice to remedy pursuant to § 77-5 of this chapter. If the Village Board directs the Code Enforcement Officer to issue a notice to remedy pursuant to § 77-5 of this chapter, the Village Board shall also at that time schedule a hearing to be held before the Village Board pursuant to § 77-7. The hearing shall be scheduled to accommodate compliance with the scheduling mandates of § 77-7A.
A.
If in accordance with § 77-4 of this chapter the Village Board directs the Code Enforcement Officer to issue a notice to remedy, the Code Enforcement Officer shall prepare a notice to remedy to be served upon the owner of said building or structure. Said notice shall provide the following information:
(1)
A description of the premises.
(2)
A statement of the particulars by which the building or structure
is dangerous or unsafe.
(3)
An order directing that said building or structure shall be made
safe and secure or removed within 30 days from the date of service
of said notice.
(4)
Notice that, upon the failure of the owner to comply with the order
of the Code Enforcement Officer, the Village of Springville Board
of Trustees may direct the removal of said building or structure,
with the cost thereof assessed against the land upon which the building
or structure is situated.
(5)
The time and place of a hearing to be held before the Village Board
of the Village of Springville.
B.
Said notice shall advise that it is issued pursuant to the provisions
of this chapter of the Code of the Village of Springville and shall
have annexed to it a copy of this chapter of the Code of the Village
of Springville.
A notice to remedy required by § 77-5 above shall be served upon all owners as shown by the records of the Assessor. Service shall be either personally or by registered mail addressed to the last known address of the party to be served. If notice is served by registered mail, a copy of such notice shall be posted on the premises within two days of mailing. Personal service shall be made upon an individual identified within New York Civil Practice Law and Rules § 303, Subdivision 1 of § 308, § 309, § 310, § 311 or § 318 or Estates, Powers and Trusts Law § 11-4.4.
A.
Upon receipt of a report from the Code Enforcement Officer that a building or structure is dangerous or unsafe to the public, the Village Board of the Village of Springville may conduct a hearing to determine whether said building or structure is dangerous or unsafe to the public and has not been repaired or removed as ordered by the Code Enforcement Officer. Said hearing shall be commenced not less than 30 days nor more than 60 days from the date of delivery or mailing of the notice to remedy set forth in § 77-5 above. At said hearing, all parties having ownership interest in the property at issue shall be afforded the opportunity to be represented by counsel, question witnesses, offer proof and arrange for stenographic recording of said hearing. Adjournments and continuances of said hearing may be permitted by the Village Board for good cause with notice thereof to the respondent property owner.
B.
If, upon the completion of said hearing before the Village Board,
the Village Board finds that such building or structure is dangerous
or unsafe to the public for one or more of the reasons particularized
by the Code Enforcement Officer, the Village Board may thereafter
arrange for the repair or removal of such building or structure.
C.
Notice of the hearing shall be publicized by the Village Clerk by
causing the same to be published once in the official newspaper at
least three days prior to the day fixed for such hearing.
When, in the opinion of the Code Enforcement Officer, there
is imminent danger of the failure or collapse of a building or structure
or any part thereof which endangers life or property or when a building
or structure or part thereof has fallen or collapsed and renders occupancy
of the premises dangerous or unsafe, the Code Enforcement Officer
shall have the right to require the occupants to vacate the same forthwith
and, upon approval of the Board of Trustees of the Village of Springville,
order the demolition of the building or structure or any part thereof.
In such cases when the Code Enforcement Officer shall require the
vacation or demolition of a building or structure, the Code Enforcement
Officer shall immediately cause a notice to be posted conspicuously
at or about the premises reading substantially as follows: "These
premises are dangerous and unsafe and their use or occupancy is prohibited.
Village of Springville Code Enforcement Officer." Thereafter, no person
shall enter upon such premises except for the purpose of making required
repairs or of demolishing the unsafe building or structure or part
thereof or for the purpose of inspection in connection therewith.
When, in the opinion of the Code Enforcement Officer, a vacant building or structure creates an imminent danger to life or property such that a hearing pursuant to § 77-7 cannot be accommodated, the Code Enforcement Officer, upon such notice to the property owners as is feasible and upon approval of the Board of Trustees of the Village of Springville, shall arrange for the repair, enclosure and/or security of said building or structure.
All costs and expenses incurred by the Village in connection
with any and all of the above proceedings to remove or secure, including
the cost of actually removing said building or structure or securing
the same, shall be assessed against the land on which the building
or structure is located. The Village Clerk shall file a certificate
of such actual cost and expense, with a statement as to the property
upon which such costs and expenses were incurred, with the Assessor
of the Village, who shall, in preparation of the next assessment roll
of general Village taxes, assess such amount upon such property, and
the same shall be levied, collected and enforced in the same manner,
by the same proceedings, at the same time, under the same penalties
and having the same lien upon the property assessed as the general
Village tax and as a part thereof.
No person shall remove or demolish, wholly or partially, any
building or structure and leave an excavation, opening or hole in
the ground.
Any person, firm, corporation or association wishing to demolish or repair a building or structure in the Village of Springville for any reason shall make application per Chapter 73 for a permit to the Code Enforcement Officer and pay the fee as provided in § 73-16, Fees, of the Code of the Village of Springville. The application procedure for a permit under this chapter shall be the same as for a building permit.
The provisions of this chapter shall be in addition to and in
furtherance of the New York State Uniform Fire Prevention and Building
Code in the Property Maintenance Code of New York State.
