[HISTORY: Adopted by the Board of Trustees of the Village
of Clinton 7-6-2016 by L.L. No.
1-2016. Amendments noted where applicable.]
Unsafe buildings pose a threat to life and property in the Village
of Clinton; buildings and structures may become unsafe by reason of
damage by fire, the elements, age or general deterioration. Vacant
buildings not properly secure 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 by requiring that 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, including, but not limited to, Sections 108 and 109
of the Property Maintenance Code of New York State.
This chapter shall be known as "Unsafe Buildings Law of the
Village of Clinton."
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof used for a residential,
business or industrial purpose.
The Code Enforcement Officer of the Village of Clinton or
such other person appointed by the Village Board to enforce the provisions
of this chapter.
The Village of Clinton.
When the Code Enforcement Officer, in his/her own opinion, or
upon receipt of information, determines that a building is or may
become dangerous or unsafe to the general public; is open at the doorways
and windows, making it accessible to and an object of attraction to
minors under 18 years of age, as well as to vagrants and other trespassers;
is or may become a place of rodent infestation; presents any other
danger to the health, safety, morals and general welfare of the public;
or is unfit for the purposes for which it may lawfully be used, he
or she shall cause or make an inspection thereof and report, in writing,
to the Village Board of the Village of Clinton his/her findings and
recommendations in regard to its repair or demolition and removal.
The Village Board shall thereafter consider such report and,
by resolution, determine, if in its opinion the report so warrants,
that such building is unsafe and dangerous and order its repair if
the same can be safely repaired or its demolition and removal, and
further order that a notice be served upon the persons and in the
manner provided herein.
The notice shall contain the following:
A.
A description of the premises;
B.
A statement of the particulars in which the building is unsafe or
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 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;
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 five 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 is authorized to provide for its demolition and removal, to
assess all expenses thereof against the land on which it is located,
and/or to institute a special proceeding to collect the costs of demolition,
including legal expenses.
The said notice shall be served.
A.
By personal service of a copy thereof upon the owner, executor, administrator,
agent, lessee, or any person having a vested or contingent interest
in such unsafe building as shown by the records of the Town Receiver
of Taxes, or Tax Collector, or official responsible for the collection
of Village Taxes, or of the County Clerk; or, if no such person can
reasonably be found, by mailing such owner by registered mail a copy
of such notice directed to his/her last-known address as shown by
the above records; and
B.
By personal service of a copy of such notice upon any adult person
residing in or occupying said premises, if such person can be reasonably
found; and
C.
By securely affixing a copy of such notice upon the unsafe building.
A copy of the notice served as provided herein shall be filed
in the office of the County Clerk of the County of Oneida.
In the event of the refusal or neglect of the person so notified to comply with said order of the Village of Board after the hearing, the Village Board shall provide for the demolition and removal of such building or structure either by Village of Clinton employees or by contract. Except in emergency as provided in § 105-12 hereof, any contract for demolition and removal of a building shall be awarded through competitive bidding and/or the Village's Procurement Policy in accordance with Article 5-A of the General Municipal Law.
All expenses incurred by the Village of Clinton in connection
with the proceedings to repair and secure or demolish and remove the
unsafe building, including the cost of actually removing such building,
and all reasonable and necessary legal expenses incidental thereto,
shall, at the option of the Village Board, either:
A.
Be assessed against the land on which such building is located and
shall be levied and collected in the same manner as provided for the
levy and collection of a special assessment and/or Village taxes as
provided by the Village Law, or
B.
Be collected by commencement of a special proceeding against the
owner of said unsafe or dangerous building or structure pursuant to
General Municipal Law § 78-b.
Where it reasonably appears that there is present a clear and imminent danger to life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, 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 § 105-11 hereof.
Each separate provision of this chapter shall be deemed independent
of all other provisions herein, and if any provisions shall be deemed
invalid, all other provisions hereof shall remain valid and enforceable.
This chapter shall supersede all prior local laws, ordinances,
rules and regulations relative to the repair or removal of unsafe
buildings and collapsed structures within the Village of Clinton and
they shall be, upon the effective date of this chapter, null and void.
