[HISTORY: Adopted by the Town Board of the Town of Lansing 6-16-2004 by L.L. No. 5-2004. Amendments noted where applicable.]
This chapter is adopted pursuant to the authority granted the
Town of Lansing in § 10 of the Municipal Home Rule Law and
in § 130, Subdivision 16, of Town Law.
[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 "Town of Lansing Unsafe Buildings
Law."
By adoption of this chapter, the Town of Lansing declares its intent to regulate and control unsafe, abandoned, hazardous, dilapidated or derelict buildings and structures (herein "unsafe buildings," as defined in § 112-6, below). The Town of Lansing hereby declares that a clean, wholesome, and attractive environment is of vital importance to the continued general welfare of its citizens, and that unsafe buildings can constitute a hazard to property and persons and can be a public nuisance. Unsafe buildings may be highly flammable and sometimes explosive. Unsafe buildings can constitute attractive nuisances to children and certain adults. The presence of unsafe buildings is injurious to the public welfare, unsightly, and tends to detract from the value of surrounding properties.
This Chapter 112, Unsafe Buildings, shall replace and supersede any and all prior existing unsafe buildings ordinances or local laws of the Town of Lansing, if any, except that this chapter shall not repeal any building codes or regulations that may address building safety issues.
For the purpose of this chapter, the following words and phrases
shall have the meaning ascribed to them in this section.
A determination by the Enforcement Officer of a condition
in a hazardous building that presents an imminent or immediate danger
to the life, health, or safety of any person.
Any person appointed by the Town Board of the Town of Lansing
to represent the Town of Lansing in particular matters pertaining
to this chapter.
Any unsafe building that presents or poses an imminent or
immediate danger of failure or collapse, or an imminent or immediate
danger to the life, health, safety or welfare of any person. A single
building or structure can be both a hazardous building and an unsafe
building, and all hazardous buildings are and shall be deemed unsafe
buildings.
Any person or entity that owns or holds any interest in fee
to real property as shown by the records of the County Tax Assessor.
An owner's mailing or residence address as shown by
the records of the County Tax Assessor.
Any individual, firm, partnership, association, corporation,
company, or entity or organization of any kind.
Unless otherwise specified, the Town Board of the Town of
Lansing, all elected officials, all employees, all committees and
committee members, the Enforcement Officer, the Town Justice Courts,
its judges, clerks and employees, and all agents of the Town.
Any building or structure which:
Is abandoned, dilapidated, derelict, structurally unsafe, or
unsanitary; or
Constitutes a fire hazard; or
Is not provided with sufficient means of egress or exits in
the case of a fire; or
Is otherwise dangerous to human life; or
Which constitutes a hazard to safety or health by reason of
inadequate maintenance, infestation, dilapidation, obsolescence or
abandonment.
All unsafe buildings are hereby declared to be illegal and shall
be abated by repair or demolition in accordance with the provisions
of this chapter.
The Enforcement Officer shall have the authority to order the
immediate evacuation of any unsafe building. The Enforcement Officer
shall order the immediate evacuation of any hazardous building.
Whenever the Enforcement Officer shall determine that any building
or structure, or portion thereof, is an unsafe building, the Enforcement
Officer shall cause service of notice upon the owner either personally
or by registered mail to the owner's address. If service is made
by registered mail, the Enforcement Officer shall cause the posting
of a copy of such notice on the premises. Such notice shall be called
and labeled as a "Defective Conditions Notice" (herein abbreviated
as DCN). Such DCN shall contain:
A.
A brief description of the premises, and for this purpose a street
address is sufficient; and
B.
A statement of the particulars concerning the Enforcement Officer's
determination that the building or structure is an unsafe building;
and
C.
An order of the Enforcement Officer requiring the unsafe building
to be repaired or removed; and
D.
The time within which the owner shall commence the repair or removal
of such unsafe building; and
E.
The time within which the owner shall complete the repair or removal
of such unsafe building; and
F.
A date by which the owner may object to the notice, which objection(s)
shall be deemed to be a request for a hearing; and
G.
A time and place for a hearing, if an objection is filed, to be held
between five and 20 days after the objection is filed, before the
Town Board; and
[Amended 6-17-2015 by L.L. No. 6-2015]
H.
If a hazardous building, and order of the Enforcement Officer to
all persons requiring that they immediately vacate the hazardous building.
[Amended 6-17-2005 by L.L. No. 6-2015]
In the event of an emergency, the hearing date may be accelerated
by order of the Town Board, which such order may be granted ex parte
upon a showing of good cause by any party. At any appeal or hearing
under this chapter (except those arising under Article 78 of the Civil
Practice Law and Rules), the initial burden of proof shall be upon
the Town of Lansing, which shall be required to show by a fair preponderance
of the evidence that the building or structure is an unsafe building,
a hazardous building, or that an emergency exists. If that burden
is met, the owner, or other aggrieved person, may rebut the Town of
Lansing's showing by the introduction of evidence that establishes
by a fair preponderance of the evidence that the building or structure
is not an unsafe building, hazardous building, or that an emergency
does not exist. At any criminal hearing or trial, the Town of Lansing
shall have the burden of proof to show, beyond a reasonable doubt,
that any person charged with a violation of this chapter violated
any one or more terms or requirements of this chapter.
A.
If the Enforcement Officer finds that an unsafe building is a hazardous
building, the Enforcement Officer shall post a copy of the DCN upon
such hazardous building. No hazardous building may be occupied, nor
may a hazardous building be re-occupied until each and all unsafe
and hazardous conditions are remediated. In addition to posting the
DCN, the Enforcement Officer shall cause the following to be posted
at each entrance to a hazardous building that is found to pose an
imminent or immediate danger:
|
CONDEMNED: THIS BUILDING IS HAZARDOUS AND UNSAFE. ENTRY, USE,
AND OCCUPANCY OF THIS BUILDING HAVE BEEN PROHIBITED BY THE TOWN OF
LANSING.
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B.
Such notice shall remain posted until all required repairs are made
or demolition of the hazardous building is completed. It shall be
unlawful for any person to remove such notice without written permission
of the Enforcement Officer, or for any person to enter a hazardous
building except for the purpose of evaluating the building condition,
making the required repairs, or to demolish such hazardous building.
Further, if the Enforcement Officer determines that an emergency exists
in relation to such hazardous building, the Enforcement Officer is
also hereby empowered, but not required, to:
(1)
Enter any such premises for the purposes of inspection and investigation;
(2)
Promptly cause any hazardous building or portion thereof to be made
safe or removed;
(3)
Order the vacation of adjacent structures; and
(4)
Protect the public by appropriate barricades or such other means
as may be necessary, including the closure of public or private ways.
The DCN may also be filed in the office of the County Clerk,
which notice shall be filed by the Town of Lansing in the same manner
as a notice of pendency pursuant to Article 65 of the Civil Practice
Law and Rules (herein CPLR). The DCN shall have the same effect as
a notice of pendency as therein provided, except as otherwise provided
in this chapter. A DCN so filed shall be effective for a period of
one year from the date of filing; provided, however, that it may be
vacated upon the order of a Judge or Justice of a court of record
or upon the consent of the Town Board of the Town of Lansing. The
County Clerk shall mark such notice and any record or docket thereof
as canceled of record upon the presentation and filing of such consent
or of a certified copy of such order canceling the DCN.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon notification given by the Enforcement Officer to the Town
Supervisor that an owner has failed or refuses to repair or demolish
any unsafe building, the Town Supervisor shall cause the repair or
removal of the unsafe building. After the work has been completed,
the Town Supervisor shall file in the office of the Town Clerk a verified
statement (herein, the "verified statement") of all the direct costs
of the same, together with a 20% surcharge as compensation to the
Town of Lansing for administering, supervising and handling said work
in accord with the provisions of this chapter. Any person aggrieved
by the filing of a verified statement may file an objection thereto
and request a hearing to determine the actual or reasonable costs
of such removal or repair by the Town of Lansing. Such objection must
be filed within 10 days of the filing of the verified statement by
the Town Supervisor.
Upon receipt of the verified statement prepared pursuant to § 112-13, the Town Clerk:
A.
Shall enter the same in the records of the Town Clerk as a lien against
the premises; and
B.
Shall add the same to the next assessment roll of general Town taxes;
and
C.
Shall collect and enforce the assessment in the same manner, by the
same proceedings, at the same time, and under the same penalties as
the general Town tax, and as a part thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Notwithstanding any provision herein to the contrary, the Town
of Lansing may, at its election, institute suit against the owner
of said premises for the direct costs and the 20% surcharge, and enter
judgment thereupon against any owner. The imposition and collection
of any fine or penalty hereinafter prescribed shall not bar the right
of the Town of Lansing to otherwise collect the cost of the removal
or repair of any unsafe building as herein prescribed.
A transfer of title (or any interests therein) by the owner
shall be no defense to any proceeding under this chapter. No assignment
of any obligations imposed by this chapter shall be a defense to any
proceeding under this chapter.
Any person ordered to repair, remove, or vacate any unsafe building
who disagrees with the DCN (or other determination of the Enforcement
Officer) may appeal to the Town Board of the Town of Lansing by filing
a written statement setting forth the reasons for such appeal. Such
appeal must be filed within 10 days of service of the DCN (or other
order of the Enforcement Officer) upon such person. Upon receipt of
such appeal, the Town Board of the Town of Lansing shall hold a hearing
within 30 days and, after a review of all evidence, shall affirm,
modify or annul the action of the Enforcement Officer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Before the demolition or removal of any unsafe building is commenced,
a demolition permit application (herein DPA) shall be prepared by
the owner, or the owner's architect, builder or contractor, on
forms available from the Enforcement Officer. A processing fee as
set by resolution of the Town Board from time to time must accompany
each DPA. All information requested in such form must be provided
before the DPA is deemed completed. The DPA shall be filed with the
Enforcement Officer at least 20 working days before the proposed demolition
or removal, except in the case of hazardous buildings, which shall
require that a DPA be filed as soon as possible. If a DPA is approved
by the Enforcement Officer, the Enforcement Officer shall issue a
demolition and removal permit (herein DRP). All work must be completed
within the time stated upon the DRP. All DRPs are valid only until
the date stated on the face of the DRP. Upon expiration of a DRP prior
to the completion of the demolition or removal of an unsafe building,
a new DPA shall be filed, and a new DRP must be issued before the
continuation of any work. No DPA or DRP shall be required for single-story
non-occupied structures consisting of less than 100 square feet of
total floor space, such as sheds.
Before any DRP is issued and before making any repairs pursuant
to a DCN, and when required by the Enforcement Officer, a performance
bond, money, or another undertaking in a form approved by the Enforcement
Officer, in an amount sufficient to complete all proposed or necessary
operations, shall be required. The determination as to whether to
require any undertaking, and in what amount or form, shall be at the
sole discretion of the Enforcement Officer, without recourse. The
Enforcement Officer may require additional sums to be posted, paid,
or bonded as may be necessary from time to time to ensure adequate
financial security for the completion of the work.
Before any DRP is issued and before making any repairs pursuant
to a DCN, and prior to the commencement of any work thereunder, the
owner and all person(s) engaged in the work of demolition or removal
shall file proof of insurance for all operations with the Enforcement
Officer, including proof of public liability, personal injury, and
property damage insurance or coverages, which insurance shall also
contain general all-risk coverage.
A.
Such insurance
policy or policies shall provide:
(1)
For
a minimum coverage of not less than $1,000,000 per person per incident;
and
(2)
That
the Town of Lansing be named an additional primary insured; and
(3)
That
the Town of Lansing be required to be notified at least 30 days prior
to any change of coverage, change in endorsements, or cancellation
of coverage.
B.
All insurance
coverages and policies shall be subject to the approval of the Enforcement
Officer prior to the issuance of any DRP.
The owner and each person working upon any demolition or removal
work, including all persons acting in furtherance of the performance
of any work pursuant to or under any DRP, shall indemnify and keep
and save harmless the Town of Lansing from and against any and all
losses, costs, damages, expenses, judgments, claims, or liabilities
of any kind whatsoever which may accrue against or be charged to or
recovered from the Town of Lansing from or by reason of or on account
of accidents to persons or damage to property during any operations
and from or by reason of or on account of any thing done under or
by virtue of any DRP granted for any such operations. This indemnity
provision shall be construed and applied to the maximum extent permitted
by law.
In demolishing any building or structure, or any part thereof,
story after story shall be completely removed in a sequential manner
commencing with the roof, and then the top floor, and moving to the
next lower floor, etc., unless such building is demolished in a single
phase through the lawful and properly permitted use of explosive or
implosive devices. No material shall be placed upon a floor of any
building in the course of demolition, and the bricks, timbers and
other parts of each story shall be lowered to the ground immediately
upon displacement. All material to be removed shall be properly wet
to lay the dust incident to its removal. All demolition and removal
work shall be undertaken with a diligent regard to and a diligent
application of all applicable safety standards, rules, laws and regulations,
in accord with the safest practice and customs in such industry.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
All provisions of New York State law generally applicable to misdemeanors
shall apply to any criminal proceeding brought under this chapter,
and any misdemeanor shall be deemed an unclassified misdemeanor. For
purposes of this chapter, the Town's justice court is hereby
vested and imbued with jurisdiction to issue administrative and other
warrants in compliance with the New York Criminal Procedure Law and
administrative codes of the State of New York, as well as to hear
and adjudicate allegations relating to the criminal or civil violation
of this chapter and thereafter, if appropriate, impose any fine, penalty,
or sanction.
B.
Any person or entity that violates any of the provisions of this
chapter shall be guilty of a criminal violation and subject to a fine
of not more than $500, or subject to a civil penalty of not more than
$1,000 be recovered by the Town in a civil action. Each week that
any noncompliance or violation continues is and may be charged as
a separate violation.
C.
The application or pursuit of any civil or criminal fine, sanction,
or penalty shall not preclude the pursuit of any other lawful remedy
by the Town, including, but not limited to, the right to seek equitable
relief.
(1)
Whenever
the Town shall believe from evidence satisfactory to it that there
is a violation of this chapter, the Town may bring an action to enjoin
and restrain the continuation of such violation and in any such action:
(2)
In
such action, the court may also award any damages or other relief
requested, including declaring the rights and interests of any parties
and imposing any civil penalties. The remedies provided by this chapter
shall not be in lieu of, and shall be in addition to, any other right
or remedy available to the Town, whether sounding in enforcement or
otherwise.
In addition to the provided fines and/or penalties stated in § 112-23 above, the Town of Lansing may also commence and maintain an action or proceeding in the name of the Town of Lansing in a court of competent jurisdiction to compel compliance with or restrain by injunction (or other equitable relief) the violation of any provision of this chapter.
A.
Where the Town of Lansing finds that due to special circumstances
of the particular case, a waiver of certain provisions of this chapter
is justified, then a waiver may be granted by the Enforcement Officer.
No waiver shall be granted, however, unless the Town Board of the
Town of Lansing finds, and records in its minutes, that:
(1)
Granting the waiver would be keeping with the intent and spirit of
this chapter, and is in the best interests of the community; and
(2)
There are special circumstances involved in the particular case,
and such circumstances are recited in the minutes; and
(3)
Denying the waiver would result in undue hardship to the applicant,
provided that such hardship has not been self-imposed; and
(4)
The waiver is to the minimum degree necessary and does not interfere
with the purposes of this chapter.
B.
Additionally, the Town Board of the Town of Lansing and/or the Enforcement
Officer may state terms and conditions applicable to the waiver, including
conditions precedent to the effectiveness or validity of the waiver.
The Enforcement Officer may revoke a waiver upon reasonable cause
should the owner fail to comply with any nonwaived provision of this
chapter, or fail to comply with the terms and conditions stated in
any granted waiver. If the owner believes the revocation was improper,
the owner may file an objection thereto within five days of such revocation,
whereupon, a hearing shall be held by the Town Board of the Town of
Lansing within 30 days, and whereat a determination will be made to
affirm, modify, reverse, or annul the decision of the Enforcement
Officer. Notice of the hearing shall be made in the Town of Lansing's
designated official newspaper at least five days prior to the date
thereof. The person holding the waiver (the "waiver holder") shall
be notified of the hearing by certified mail at least five days prior
to the hearing. At the hearing, the Town Board of the Town of Lansing
shall hear the waiver holder and all other persons wishing to be heard
concerning the revocation of the waiver.
The Town of Lansing shall not be liable or responsible for any
injury to persons or damage to property due to its actions, or failures
to act, under or pursuant to this chapter, unless it be proven to
a reasonable degree of certainty that such injury or damage was solely
caused by a willful or intentional act of the Town of Lansing.
If any clause, sentence, paragraph, or section of this chapter
shall be adjudged by any court of competent jurisdiction 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 article thereof directly involved in the controversy
in which such judgment shall have been rendered.
