[HISTORY: Adopted by the Town Board of the Town of Potsdam 10-9-1979 (Ch. 49 of the 1986 Code).
Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The purpose of this chapter is to promote and preserve the health,
welfare and property of residents of and owners of property located
within the Town of Potsdam, by providing a method for the removal
or repair of buildings and structures within the limits of said Town
that, from any cause, may now be or shall hereafter become dangerous
or unsafe to the public. 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 Property Maintenance Code of New York State.
No person, firm, corporation or association owning, possessing
or controlling a building or structure in the Town of Potsdam shall
permit, suffer or allow said building, now or hereafter, to be or
become dangerous or unsafe to the public, from any cause whatsoever.
As used in this chapter, the following terms shall have the
meanings indicated:
All buildings and structures which have any or all of the
following defects shall be deemed unsafe or dangerous within the meaning
of this chapter:
Those where any interior wall or walls or other structural load-bearing
members list, lean or buckle to such an extent that a plumb line passing
from any overhead supporting member through the center of gravity
falls outside the middle third of its base.
Those which, exclusive of the foundations, show 33 1/3%
or more of deterioration of the supporting member or members, or 50%
or more damage to or deterioration of the nonsupporting enclosing
or exterior walls or covering.
Those which have improperly distributed loads upon the floor
or roofs, or in which the floors or roofs are overloaded, or which
have insufficient strength to be reasonably safe for the purpose used
and which do not meet minimum standards prescribed by the New York
State Uniform Fire Prevention and Building Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Those 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 Potsdam.
Those having inadequate or insufficient facilities for ingress
or egress in the event of fire, panic or other emergency or those
having insufficient stairways, elevators, fire escapes, aisles, passageways,
corridors or other means of access, and which do not meet minimum
standards prescribed by New York State Uniform Fire Prevention and
Building Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Those 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 cause injury to the health,
morals, safety or general welfare of those living therein.
Those 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 there.
Those which have parts thereof which are so attached or connected
in such a manner that they may fall, collapse or cause damage and
injury to the occupants thereof or other persons or property, a vacant
building, unguarded or open at door or window.
An abandoned or unprotected well, open basement or excavation
or hole which was a basement or is intended to be a basement, which
is unprotected, dangerous or a nuisance.
[Amended 8-13-1986 by L.L. No. 1-1986]
The Code Enforcement Officer of the Town of Potsdam shall be
the enforcement officer of this chapter and shall make inspections
of all unsafe buildings and structures within the Town of Potsdam.
The Code Enforcement Officer shall report to the Town Board all unsafe
buildings and structures which, from time to time, shall be found
within the Town. When it shall be reported to the Town Board that
a building or structure is in an unsafe or dangerous condition, the
Town Board shall direct the Code Enforcement Officer to inspect the
same and to report the condition of the same in his findings to the
Town Board with all convenient speed.
[Amended 8-13-1986 by L.L. No. 1-1986]
The Town Board shall thereafter consider the report of the Code
Enforcement Officer and by resolution determine, if in its opinion
the report so warrants, that said building or structure is unsafe
and dangerous and order its removal or repair, if the same can be
safely repaired, and further order that a notice shall be given to
interested persons or corporations in a manner as hereinafter provided.
[Amended 12-9-1980]
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building is unsafe and
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 said 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 Town Board 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 Town
Board 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 cost of demolition,
including legal expenses.
Said notice shall be served in the following manner:
A.
By personal service of a copy thereof upon the owner or someone of
the owners, executors, legal representatives, agents, lessees or any
other person having a vested or contingent interest in the premises
as shown by the last preceding completed assessment role of this Town,
said service to be complete and the thirty-day time period recited
in said notice to commence upon filing of an affidavit of personal
service upon the owner with the Town Clerk; or
B.
By mailing a copy of said notice to such owner as aforesaid, by certified
or registered mail, return receipt requested, addressed to the last
known address of the owner and by affixing a copy of said notice to
the premises, such service to be complete and the thirty-day time
period recited in said notice to commence 10 days after the filing
of the return receipt and the affidavit of posting with the Town Clerk;
and
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
By personal service of a copy of said notice upon any adult residing
in or occupying said premises or, if no such person can be reasonably
found, by posting a copy of said notice upon the premises.
[Amended 12-9-1980]
A copy of the notice served as provided herein shall be filed
in the office of the County Clerk of the County of St. Lawrence.
[Amended 12-9-1980]
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the demolition and removal of such building or structure, either by Town employees or by contract. Except in an emergency as provided in § 112-14 hereof, any contract for demolition or removal of a building in excess of $5,000 shall be awarded through competitive bidding.
[Amended 8-13-1986 by L.L. No. 1-1986]
It shall be unlawful for any person, whether interested or not
in the property affected by this chapter, to interfere, obstruct or
hinder the Code Enforcement Officer, his representative or any person
acting in his behalf in performing the work.
All costs and expenses incurred by the Town in connection with
the proceedings to remove or secure, including the cost of actually
removing said building or structure, shall be assessed against the
land on which said buildings or structures are located.
A transfer of title by the owner of the premises upon which
an unsafe building or structure is located shall be no defense to
any proceeding under this chapter.
[Amended 8-13-1986 by L.L. No. 1-1986]
Any person upon whom a notice, as provided in this chapter,
has been served, who fails, neglects or refuses to place such unsafe
building or structure in a safe condition as designated in such notice
or who shall violate any of the provisions of this chapter or orders
given pursuant thereto or who shall resist or obstruct the Code Enforcement
Officer in carrying out the provisions of this chapter, shall, upon
conviction thereof, be subject to a fine of not more than $250 or
imprisonment for a period not to exceed 15 days, or both. Each week
the violation continues shall constitute a separate and additional
offense.
[Amended 8-13-1986 by L.L. No. 1-1986]
Any provisions of this chapter to the contrary notwithstanding where it reasonably appears that there is imminent danger to the life or safety of any person, unless a dangerous building or structure, as defined herein, is immediately repaired, vacated or demolished, the Code Enforcement Officer on order of the Town Board shall cause the immediate repair, vacating or demolition of such dangerous building or structure. For this purpose, he may at once enter such structure or land on which it stands, or abutting land or structure with such assistance and at such cost as may be necessary. He may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary, and for this purpose may close a public or private way. The cost of such emergency repair, vacating or demolition of such dangerous building or structure shall be collected in the same manner as provided in § 112-11 hereof. When emergency work is to be performed under this section, the Code Enforcement Officer shall cause the owner thereof to be served personally or by registered mail, return receipt requested, and, if served by registered mail, shall post on the premises a notice that the Town has corrected the emergency condition.
