[HISTORY: Adopted by the Board of Trustees of the Village
of Canajoharie 6-20-2017 by L.L.
No. 3-2017. Amendments noted where applicable.]
A chapter of the Village of Canajoharie, New York, providing
for the demolition and cleanup or removal and/or sale of unsafe buildings.
Unsafe buildings pose a threat to life and property in the Village
of Canajoharie. Structures become unsafe in many ways, including damage
by fire, elements, age, general deterioration, and vandalism. The
purpose of this chapter is to promote a clean, wholesome and attractive
environment, protect the community from potential hazards to property
and persons, protect water resources, preserve aesthetic qualities
of the municipality, prevent depreciation of properties of persons
in the community, and secure the public peace, health, safety, and
welfare, and protect the environment. This chapter protects the rights
of persons and property in the Village of Canajoharie by providing
for the demolition, removal, and cleanup of unsafe structures and
securing the means of funding for said demolition, removal, and cleanup.
This chapter is adopted pursuant to the authority granted the Village
of Canajoharie in § 10 of the Municipal Home Rule Law, as
well as authority granted in the Village Board as the local Board
of Health in § 3 of New York Public Health Law. It shall
be cited as Local Law No. 3 of 2017, "Unsafe Buildings Law."
As used in this chapter, the following terms shall have the
meanings indicated:
Any structure, building or portion thereof, including, but
not limited to, houses, mobile homes, apartment buildings, garages,
sheds and outbuildings, and places of business.
Any condition causing the Board of Health and/or Village
Board to determine that the item in question poses a serious risk
to health, safety, and/or welfare to any person, directly or indirectly;
any condition posing a hazard to any person or property; or any condition
threatening the status quo of the environment, the integrity of any
water source, or the aesthetic qualities of the Village, may be deemed
by the Village Board to be unsafe. Such conditions may include, but
are not limited to:
A structure open at doorways and windows, making it accessible
to and an attraction to minors under the age of 18, as well as vagrants
and other trespassers;
A structure that is or may become a place of rodent or other
vermin infestation;
Any danger to the health safety, morals and general welfare
of the public;
A structure that is unfit for the purposes for which it may
be lawfully used; and/or
Structural failure or collapse or lack of structural integrity.
Village of Canajoharie.
The Village Board, pursuant to Public Health Law § 3.
All structures shall be maintained in such a manner that they
are and remain safe for the general public and are free from any unsafe
conditions enumerated above, or any other condition causing them to
become unsafe.
Notwithstanding any other provisions in the Code of the Village
of Canajoharie, any violation of this chapter is hereby declared to
be a public nuisance which may be enjoined, subject the violator to
the fines, penalties, administrative and/or legal proceedings, including
but not limited to removal, demolition and clean up of the nuisance,
attachment of a lien against real property and action for the enforcement
of such lien and collection of all legal expenses incurred in the
enforcement of the chapter.
A.
The Village shall from time to time appoint and authorize a Zoning
or Code Enforcement Officer to police and/or enforce the regulations
and prohibitions of this chapter, to review, approve and/or disapprove
applications for special use permits, to issue special use permits
and/or to issue warnings, notices of violation and/or notices to comply,
issue citations and/or assess fines, abate, defend and/or seek any
and all available remedies arising out of or from any claim and/or
cause of action for and against the Village, its Board, Planning Board,
Board Trustees and/or Officers, for any matter arising out of a real
or alleged violation or other grievance under this chapter.
B.
Fines/penalties. Any person who shall violate any provision of this
chapter may be subject to a fine or penalty of $25 per day for each
day upon which such violation shall exist and not be remedied. Each
day subsequent to the day upon which notice of violation is first
given, and upon which said violation shall continue and not be remedied,
shall constitute a separate and continuing violation for which the
aforesaid daily fine or penalty shall be newly and continually assessed.
C.
Complaints. Any person may file a complaint with the Code Enforcement
Officer that a violation of this chapter may have taken place. The
Code Enforcement Officer shall properly record and investigate any
such complaint. The Code Enforcement Officer may also investigate
any alleged violation that he or she has good reason to believe has
occurred or is occurring.
D.
Notice to comply. A notice to comply shall be prepared and served
by the Code Enforcement Officer and shall contain:
(1)
The name of the owner or occupant to whom the notice shall be addressed;
(2)
The location of the premises involved in the violation;
(3)
A statement of the facts, which it is alleged violates this chapter;
(4)
A demand that the violation or situation be remedied so as to be
in compliance with this chapter within a specified number of days
after the service or mailing of the notice;
(5)
A statement that a failure to comply with the demand may result in
the building condition being remedied by the Village in a manner consistent
with this chapter, including, but not limited to, prosecution, and/or
the condemnation, demolition, cleanup or removal of the building in
question; and
(6)
A copy of this chapter.
E.
Enforcement. The Code Enforcement Officer is hereby authorized pursuant
to Criminal Procedure Law § 150.20(3) to issue an appearance
ticket to any person whom the Code Enforcement Officer had reason
to believe had violated this chapter, and shall cause such person(s)
to appear before the appropriate justice; or, in the alternative,
to provide the Village Board with written inspection and report concerning
the nuisance, upon which the Village Board may commence summary abatement
proceedings as set forth below.
F.
Summary abatement.
(1)
Upon failure of an owner, tenant or occupant with notice to correct
a violation of this or any law of the Village of Canajoharie, the
Village Board may hold a public hearing to determine whether the violation
constitutes a public nuisance requiring abatement by the Village.
The public hearing shall be held upon notice posted conspicuously
on the subject property. The notice shall also be sent to the last
known address of the property owner, as it appears on the current
assessment records of the Village, by certified mail, return receipt
requested or served on the owner by personal service. Posting and
service of such notice shall not be less than 21 calendar days exclusive
of the date of service, prior to the date of the public hearing. This
notice shall:
(a)
Identify the premises as the same appears on the current assessment
role;
(b)
Contain a statement of the conditions on the property deemed
upon inspection to constitute a public nuisance;
(c)
Contain a demand that the condition or conditions constituting
the public nuisance be immediately abated or removed before the date
of the hearing specified in the notice;
(d)
Contain a statement that a failure or refusal to comply within
the period specified may result in a duly authorized officer, agent
or employee of the Village entering the property and abating or removing
the public nuisance; and
(e)
Contain a statement that the cost and expense of such abatement
or removal shall be the responsibility of the owner, tenant or occupant,
and, without limitation on the Village's potential remedies to
recoup its expenses, such cost and expense shall be assessed against
the described property and shall constitute a lien thereon to be collected
as provided by law.
(2)
Wherein the Board finds, based on substantial evidence in the public
hearing record, that the violation or violations amount to a public
nuisance requiring abatement by the Village, the Board may cause the
remedy, abatement or removal of the public nuisance. The remedy, abatement
or removal may be performed by the Village or by its designee, or
agent, including a private contractor lawfully engaged and authorized
by the Village. The Board shall ascertain the cost of the remedy,
abatement or removal, and assess such expense against the record owner
of the property. The expense so assessed shall constitute a lien in
charge on real property on which it is levied until paid or otherwise
satisfied or discharged and shall be collected in the same manner
and at the same time as other Village charges. The foregoing shall
not be construed as a limitation on the Village's potential remedies
to recover its costs.
(3)
The
Village Board may commence a special proceeding in a court of competent
jurisdiction to collect the costs of demolition, including reasonable
and necessary legal expenses (attorney's fees, costs and disbursements)
incidental to enforcement of this chapter.
(4)
The
removal of any nuisance by the Village's agents shall not operate
to excuse such owner, tenant or occupant from continuing to properly
maintain the premises as required by this chapter. Such owner, tenant
or occupant shall, in addition to the remedies provided herein, be
subject to any other penalties provided for by this chapter.
The provisions of this chapter are hereby declared to be severable
and if any clause, sentence, word, section or provision is declared
void or unenforceable for any reason by any court of competent jurisdiction,
it shall not affect any portion of this chapter other than said part
or portion thereof.
