Unsafe buildings pose a threat to life and property in the Village
of Oakfield. Buildings and structures may become unsafe by reason
of damage by fire, the elements, age or general deterioration. Vacant
buildings not properly secured at doorways and windows also serve
as an attractive nuisance for young children who may be injured therein,
as well as a point of congregation by vagrants and transients. A dilapidated
building may also serve as a place of rodent infestation, thereby
creating a health menace to the community. It is the purpose of this
chapter to provide for the safety, health, protection and general
welfare of persons and property in the Village of Oakfield by requiring
such unsafe buildings be repaired or demolished and removed.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The provisions of this chapter shall be in addition to, and
in furtherance of, the New York State Uniform Fire Prevention and
Building Code.
This chapter shall be known as the "Unsafe Buildings Law" of
the Village of Oakfield, New York.
The Village Board shall thereafter consider such report and by resolution determine whether such building is unsafe and/or dangerous. Upon a determination by the Village Board that said building is unsafe and/or dangerous, the Village Board shall order its repair if the same can be safely repaired or otherwise its demolition and removal and shall further order that a notice requiring said repair or demolition and removal be served upon the owner of the building as provided in §§
114-7 and
114-8 of this chapter.
The notice shall contain the following:
A. A description of the premises upon which the building in question
is located;
B. A statement of the particular unsafe or dangerous conditions present
with respect to said building;
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 repairing and securing or removal of such 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 by the Village Board;
E. A date, time and place for a hearing before the Village Board in
relation to such dangerous or unsafe building, which hearing shall
be scheduled not less than 10 business days from the date of service
of the notice; and
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 Village
Board may provide for its repair, demolition and removal, assess all
expenses thereof against the land on which it is located and may institute
a special proceeding to collect the costs of demolition, including
legal expenses.
Service of the notice shall be sufficient if directed to the
owner of the building in question. Service of said notice shall be
made personally upon the owner, executor, administrator, agent, lessee
or any person having a vested or contingent interest in said unsafe
building as shown by the records of the Village Tax Collector (Village
Clerk-Treasurer) or of the Genesee County Clerk, if possible; otherwise,
service shall be sufficient if the notice is served by delivering
the same to a person of suitable age or discretion at the building
found to be unsafe and/or dangerous and by mailing the notice to the
owner at his last known residence or business address; or, where service
cannot otherwise be made with due diligence, by affixing said notice
to the door of said building and by mailing said notice to the owner
at his last known residence or business address. Verified affidavits
of service and a copy of the notice shall be filed with the Village
Clerk-Treasurer within five days of service being made.
Within seven days after a hearing has been held pursuant to the notice served in accordance with §
114-8 of this chapter, the Village Board shall either confirm, amend or rescind its original order and shall immediately communicate its decision to the owner of said building, in writing.
A copy of the notice served as provided herein shall be filed
in the office of the County Clerk of the County of Genesee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In the event of the refusal or neglect of the person so notified to comply with said order of the Village Board and after the hearing held as provided herein, the Village Board may provide for the repair or demolition and removal of such building or structure either by Village employees or by contract. Except in emergency cases as provided in §
114-13 hereof, contracts in excess of $5,000 shall be awarded through written requests for proposals; contracts in excess of $35,000 shall be awarded through competitive bidding.
All expenses incurred by the Village in connection with its
actions to repair and secure or demolish and remove the unsafe building,
including the cost of actually removing such building, shall be assessed
against the land on which such building is located and shall be levied
and collected in the same manner as provided by law for the levy and
collection of Village real property taxes. The Village is further
authorized to institute special proceedings against the owner of the
building to collect the costs of demolition, including reasonable
legal expenses.
In an emergency situation, as defined in §
114-4 of this chapter, the Village Board may by resolution authorize the Code Enforcement Officer to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in §
114-12 hereof.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof, but
shall be confined in its operation to the clause, sentence, paragraph,
section or part thereof directly involved in the controversy in which
such judgment shall have been rendered.