[HISTORY: Adopted by the Board of Trustees of the Village
of New York Mills 2-10-2009 by L.L. No. 1-2009. Amendments noted where applicable.]
This chapter provides for discretionary review and approval
before demolition of any structure within the Village of New York
Mills occurs. The intent is to protect against the inadvertent destruction
of structures of historic, architectural or cultural importance. The
Village Board finds that historically significant structures within
the Village constitute a cultural treasure for the entire community
to enjoy, and that the preservation of these structures will promote
the general welfare by maintaining an invaluable link to the Village's
rich and distinguished past.
The following words, as used in this chapter, shall have the
meanings herein prescribed for them:
The Code Enforcement Officer.
The Village of New York Mills.
The Village of New York Mills Village Board.
This chapter shall apply to all demolition activity on any developed
and undeveloped lands unless explicitly exempted by the Village Code
Enforcement Officer.
The Code Enforcement Officer (CEO) or his designee shall administer,
implement, and enforce the provisions of this chapter. Such powers
granted or duties imposed upon the authorized enforcement official
may be delegated in writing by the CEO as may be authorized by the
Village.
A.
Before any building or structure or any part thereof is demolished,
the owner or his authorized agent shall obtain a demolition permit.
B.
Application forms for demolition permits are available from the Code
Enforcement Officer. Applications shall be filed with the Chief Code
Enforcement Officer, together with nonrefundable fees as set by the
Village Board by resolution from time to time. The application shall
be accompanied by evidence that the person proposing to do the work
has liability insurance of at least $500,000. This requirement does
not apply when the owner of a one- or two-family dwelling personally
proposes to demolish an accessory building. Applications shall describe
the work which is proposed, the manner in which it is to be carried
out and measures proposed to assure safe and expeditious execution.
The CEO may require additional information reasonably required to
evaluate the application.
C.
The Code Enforcement Officer shall issue a demolition permit if he
is satisfied that the work will conform to all applicable state and
local laws, rules and regulations and will be executed in a safe and
expeditious manner. He may attach reasonable conditions to the permit
to achieve these objectives. Any permit shall be valid for one month.
A.
The following shall be submitted and accepted prior to the issuance
of a demolition permit:
(1)
A separate application for a demolition permit must be submitted
for each building to be demolished. If more than one building or structure
is to be demolished on the same premises, a separate demolition permit
shall be secured for each such building or structure and must satisfy
all of the requirements relative to such permits.
(2)
Application must be made by the owner or lessee, or agent of either,
or by the architect, engineer, builder, excavation or demolition company
employed in connection with the proposed work. Where such application
is made by a person other than the owner, it must be accompanied by
an affidavit from the owner that the proposed work is authorized by
the owner and that the person/applicant is authorized to make such
application.
(3)
A certificate of workers' compensation insurance, covering the
demolition at the subject site.
(4)
A recent tax bill covering the subject property.
(5)
A copy of the survey, showing subject property prior to demolition.
(6)
An affidavit must be submitted by a certified and licensed asbestos
handler (include license number), to verify the absence or presence
of asbestos. In cases where asbestos is found to exist, the demolition
permit may not be issued until the asbestos has been removed, lawfully
disposed of, and such certification by a recognized licensed asbestos
removal firm has been filed with the New York State Department of
Labor.
(7)
A letter from National Grid Power Company indicating that all gas
and electric services to the building or structure to be demolished
have been disconnected or have not been installed.
(8)
A letter from the Mohawk Valley Water Authority indicating that the
water service to the premises has been disconnected to its satisfaction.
(9)
If the building or structure to be demolished is connected to a sewer,
a representative from the Village of New York Mills shall confirm
that the sewer lateral line has been disconnected or watertight plugged
at the curb if in a paved road or at the sewer main if in a non-paved
area.
(10)
A letter certifying that all underground wells, basins, cellars,
or other known voids will be filled with clean fill and that every
buried storage tank, including all connections thereto, will be removed
and the void filled with clean sand, immediately upon completion of
demolition.
B.
All of the foregoing requirements must be satisfied prior to issuance
of a demolition permit.
C.
All applications for demolition permits must be reviewed by the Village
of New York Mills Code Enforcement Officer and the Highway Superintendent
prior to issuance.
D.
The person to whom the demolition permit is issued must notify the
Village of New York Mills Code Enforcement Officer at least 24 hours
in advance of the actual time scheduled for the start of the demolition.
E.
Demolition shall comply with the New York State Building Code.
A.
In the demolition of a structure, the person making application for
a permit will obtain, prior to permit issuance, a letter of approval
from the Oneida County Department of Health regarding extermination.
Then he/she will erect an approved system of barricades, have the
water, sewer, electric, gas and telephone services disconnected by
the appropriate agencies and plug the sewer lateral where it exists
in the structure. All glass will be removed. Then an inspection will
be made to confirm that the above has been completed in accordance
with this Code. The contractor will obtain appropriate approval from
the Mohawk Valley Water Authority for water use on site for dust control
and have sufficient lengths of 1 1/2 or 2 1/2 hose for this
purpose. The contractor will provide a flagman for traffic control
when necessary and, should a street have to be closed, he/she will
obtain permission from the Village Engineer and notify the Chief of
Police and the Fire Chief.
B.
In cases of the demolition of an existing building which has a common
or party wall with either of the adjoining buildings, the owner of
the building to be demolished shall be responsible for and bear all
costs in relation to the safeguarding of the adjacent wall.
C.
Where beams, girders and joists are removed from party walls, these
pockets shall be thoroughly cleaned out and filled with solid masonry.
Necessary repairs shall be made to put the party wall in a safe condition.
This work shall all be done by and at the expense of the property
owner doing the demolition work, whether the wall is to be left exposed
or a new building is to be erected.
D.
Where such demolition work is to be made and no immediate new construction
is intended at the site, then the adjacent wall, whether of the party
type or otherwise, shall be left in an acceptable condition as far
as appearance is concerned. In addition to the repair of all joists,
pockets and similar openings, the owner of the demolished buildings
will be required to move all old plaster, wallpaper and other decorative
material in addition to any loose wood trim or other material, all
subject to the approval of the Code Enforcement Officer. Such exposed
walls shall be left with an acceptable appearance. In the case of
the demolition of an existing building in which the removal of the
building endangers the adjoining structure (and there is no party
wall), it shall be the responsibility of the owner of the adjoining
building to protect his/her property.
E.
During the demolition work, debris must be systematically removed
from the site and not allowed to pile up or cause any obstruction.
Burning of debris on the site is prohibited.
F.
When buildings to be demolished contain a cellar or basement, the
contractor shall remove all debris and organic material from the cellar
or basement and then break up and/or perforate the cellar floor. The
bearing or foundation wall shall be removed to a depth of 24 inches
below the present grade or 24 inches below any future grade to be
established. The material resulting from the cellar or foundation
wall demolition may remain in the excavation, provided that material
is crushed and compacted. Where there is no cellar or basement, the
bearing or foundation wall shall be removed to a depth of 24 inches
below the present grade or 24 inches below any future grade to be
established.
A.
Rule No. 1: A demolition permit shall not be issued for the sole
purpose of demolishing a structure to accommodate a parking lot without:
B.
Rule No. 2: Duration of a demolition permit.
(1)
Demolition permits shall be issued for a period of 30 days from the
date of issue. For good cause, the Code Enforcement Officer may allow
a maximum of one extension for a period not exceeding 30 days.
(2)
Notwithstanding the provisions of Subsection B(1) above, if demolition is started and is not completed within the maximum sixty-day period from date of issuance, then the Code Enforcement Officer, upon resolution duly adopted by the New York Mills Village Board, shall cause the building or structure to be demolished and removed at the owner's expense.
(3)
The Code Enforcement Officer shall be given not less than 24 hours'
notice before demolition is started.
C.
Rule No. 3: Preparations for demolition. All demolition permit applications
shall be accompanied by an affidavit stating that the demolition site
has been prepared for demolition as described in Section 23-3.2 of
Industrial Code Rule 23 of the State of New York.
D.
Rule No. 4: Insurance requirements. The following insurance shall
be required for the type of demolition described as follows:
(1)
For demolition where the building or structure is located 1 1/2
times its own height or less, as measured from its highest peak, from
the nearest public property line or public way, the following insurance
shall be required based on building classification:
(a)
One- and two-story buildings: $1,000,000 public liability/general
aggregate and $500,000 minimum combined single limit for bodily injury
and property damage.
(b)
Three- and four-story buildings: $500,000 per person/$1,000,000
aggregate for bodily injury, and $100,000 per accident/$200,000 aggregate
for property damage.
(c)
Buildings five stories and higher: $1,000,000 per person/$2,000,000
aggregate for bodily injury, and $250,000 per accident/$500,000 aggregate
for property damage.
(d)
All insurance shall also name the Village of New York Mills
as an additional insured.
(e)
All insurance shall be approved by the Village of New York Mills
Village Attorney.
(f)
Workers' compensation, as required by statute, shall be
required.
(2)
For the demolition of a portion of a building or structure, the same insurance as described in Subsection D(1) above shall be required, except as follows:
(a)
Porches on one- and two-family dwellings shall not require additional
insurance, but if they are within 1 1/2 times their own height
or less, as measured from their highest peak, of the nearest public
property line or public way, the minimum insurance shall be the same
as for one- and two-story buildings, and an owner doing his own demolition
shall submit proof of this insurance.
A.
Demolishing structure(s) on a lot oftentimes substantially changes
the character of the lot. In turn, the condition of the resultant
lot could be such that it adversely affects the property of adjoining
owners or the surrounding neighborhood. For example, the appearance
of a vacant lot can be so unsightly that it significantly detracts
from the appearance of other properties in the neighborhood or the
removal of the principal building on the lot causes dust, erosion
or drainage problems that didn't exist when the building stood
on the lot. Additionally, vacant lots can easily become sites for
illegal off-street parking and illegal dumping.
B.
The intent of this section is to establish a procedure that will
provide a measure of protection for the adjoining property owners
and surrounding neighborhood without being either unduly burdensome
or unfairly costly for the applicant. This procedure shall be followed
in all cases where no site plan approval is required.
C.
In addition to the requirements set forth in § 74-8 above, the applicant for a demolition permit, if not required to submit a site plan, shall submit a plan for the site as he/she expects it to appear after the structures are demolished. The plan shall address such issues as controlling erosion and drainage from the lot, presenting a reasonable appearance for the lot, discouraging illegal dumping and parking on the lot. The Code Enforcement Officer shall determine the form of the plan in each instance. An acceptable plan may be a textual description, a rudimentary drawing or a professionally drawn site plan, as the circumstances may reasonably require. Every plan shall include a deadline date within which the demolition of the structure(s) and the after-demolition plan must be completed. The Code Enforcement Officer, for good cause shown, may extend the deadline date.
D.
The proposed plan shall be filed with the Code Enforcement Officer
to determine if the submitted plan identifies and mitigates any adverse
effects of the site. In determining whether to require the applicant
to modify the submitted plan, the Code Enforcement Officer must first
take into account the cost to the applicant in relation to the value
of the lot.
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this chapter or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this chapter.
A.
Violation. It shall be unlawful for any person to violate any provision
or fail to comply with any requirements of this chapter.
B.
Notice of violation. When the Code Enforcement Officer finds that
a person has violated a requirement of this chapter, he may order
compliance by written notice of violation to the responsible person
or may issue an appearance ticket charging that person with a violation
of this chapter.
C.
Appeal of notice violation. Any person receiving a notice of violation
may appeal the determination of the Code Enforcement Officer to the
Village of New York Mills Board of Trustees within 15 days of its
issuance, which shall hear the appeal within 30 days after the filing
of the appeal, and, within five days of making its decision, file
its decision in the office of the Village Clerk and mail a copy of
its decision by certified mail to the discharger.
D.
Corrective measures after appeal.
(1)
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within five business days of the decision of the New York Mills Village
Board upholding the decision of the CEO, then the CEO shall request
the owner's permission for access to the subject private property
to take any and all measures reasonably necessary to abate the violation
and/or restore the property.
(2)
If refused access to the subject private property, the CEO may seek
a warrant in a court of competent jurisdiction to be authorized to
enter upon the property to determine whether a violation has occurred.
Upon determination that a violation has occurred, the CEO may seek
a court order to take any and all measures reasonably necessary to
abate the violation and/or restore the property. The cost of implementing
and maintaining such measures shall be the sole responsibility of
the discharger.
A.
Penalties for offenses. In addition to or as an alternative to any
penalty provided herein or by law, any person who violates the provisions
of this chapter and is found guilty shall be subject to a fine not
exceeding $350 or imprisonment for a period not to exceed six months,
or both, for conviction of a first offense; for conviction of a second
offense, both of which were committed within a period of five years,
punishable by a fine not less than $350 nor more than $700, or imprisonment
for a period not to exceed six months, or both; and upon conviction
for a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purposes of conferring jurisdiction upon
courts and judicial officers, violations of this chapter shall be
deemed misdemeanors and for such purpose any and all provisions of
law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
B.
Alternative remedies. Where a person has violated a provision of
this chapter, he/she may be eligible for alternative remedies in lieu
of a civil penalty, upon recommendation of the Village Attorney and
concurrence of the Village Code Enforcement Officer, where:
C.
Violations deemed a public nuisance. In addition to the enforcement
processes and penalties provided, any condition caused or permitted
to exist in violation of any of the provisions of this chapter is
a threat to public health, safety, and welfare, and is declared and
deemed a nuisance, and may be summarily abated or restored at the
violator's expense, and/or a civil action to abate, enjoin, or
otherwise compel the cessation of such nuisance may be taken.
D.
Injunctive relief. It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
chapter. If a person has violated or continues to violate the provisions
of this chapter, the Code Enforcement Officer may petition for a preliminary
or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
