[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.
Compelling circumstances shall consist of:
A. The presence of an unsafe building, as defined below;
B. Unnecessary hardship, as defined below, would be imposed on the owner
if the demolition were not allowed; or
C. The assessed value of the structure or improvement which replaces
the building or structure to be demolished would be at least 50% greater
than the assessed value of the existing building or structure.
An "unsafe building" shall be defined as follows:
A. All buildings
or structures which have any or all of the following defects shall
be deemed "unsafe buildings."
(1) Those
whose interior walls or other vertical structural members list, lean
or buckle to such an extent that a plumb line passing through the
center of gravity falls outside of the middle third of its base.
(2) Those
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.
(3) Those
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.
(4) 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 Village of Oakfield.
(5) 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 insure the health, morals, safety or
general welfare of those living therein.
(6) Those
having light, air and sanitation facilities which are inadequate to
protect the health, morals, safety or general welfare of human beings
who live therein.
(7) Those
having inadequate facilities for egress in case of fire or panic or
those having insufficient stairways, elevators, fire escapes or other
means of escape.
(8) Those
which have parts thereof which are so attached that they may fall
and injure members of the public or property.
(9) Those
which because of their condition are unsafe, unsanitary or dangerous
to the health, morals, safety or general welfare of the people of
this Village.
(10) Those
buildings existing in violation of any zoning provision of the Village
and any other regulations enacted by the Village.
(11) Any
building or structure which remains vacant and unattended continuously
for a period of five years.
In the event that the Village Planning Board issues a decision
unfavorable to the applicant, whether there was a favorable recommendation
or denial by the Code Enforcement Officer or Assessor, the applicant
shall appeal to the Village Board of Trustees within 30 days of the
date of posting the unfavorable decision to the applicant by the Clerk
of the Planning Board.
In the event that the Village Board of Trustees issues a decision
unfavorable to the applicant, whether there was a favorable recommendation
or denial by the Planning Board, the applicant shall commence a legal
proceeding challenging the decision of the Village Board of Trustees
within 40 days of the date of posting the unfavorable decision to
the applicant by the Clerk-Treasurer of the Village of Oakfield.
All applications for demolition permits shall be subject to
a three-tiered review process at a minimum, with a four-tier review
process if the building or structure is within the jurisdiction of
the County Planning Board. The tiers are:
A. Tier one:
(1) Code Enforcement Officer, for all demolition applications involving
unsafe structures or unnecessary hardship.
(2) Assessor, for applications alleging increased assessed value, post-demolition.
B. Tier two: Planning Board of the Village of Oakfield.
C. Tier three: Board of Trustees of the Village of Oakfield.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The fee for a demolition permit shall be $200 or such other
fee as may be set from time to time by resolution of the Village Board
of Trustees.
This chapter shall not apply to any structure with an area of
500 square feet or less, or to any structure which does not front
on a street or highway within the Village of Oakfield.