[HISTORY: Adopted by the Board of Trustees of the Village
of Canisteo 9-11-1995 by L.L. No.
3-1995.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 47,
Buildings, Unsafe, of the 1989 Code, adopted 8-7-1978 by L.L. No.
1-1978.
Unsafe buildings pose a threat to life and property. In the
Village of Canisteo, 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 Canisteo by requiring
such unsafe buildings be repaired or demolished and removed.
No person, firm, corporation or association owning, possessing
or controlling a building or structure in this Village shall permit,
suffer or allow said building now or hereafter to be or become dangerous
or unsafe to the public and/or residents from any cause whatsoever.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof used for residential,
business, industrial, recreational or other purposes.
The Building Inspector of the Village of Canisteo as defined in Chapter 119 of the Code of the Village of Canisteo.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any debris, rubble or parts of a building which remain on
the ground or on the premises after demolition, reconstruction, fire
or other casualty.
Any building or structure or portion thereof which:
Has interior walls or other vertical structural members which
list, learn or buckle to such an extent that a plumb line passing
through the center of gravity falls outside of the middle 1/3 of its
base.
Exclusive of the foundation, shows 33% or more of damage to
or deterioration of the supporting member or members or 50% damage
to or deterioration of the nonsupporting enclosing or outside walls
or covering.
Has improperly distributed loads upon the floors or roofs or
in which the same are overloaded or have insufficient strength to
be reasonably safe for the purpose used.
Has 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 Canisteo.
Has become or is so dilapidated, decayed, unsafe, unsanitary
or which so utterly fails to provide the amenities essential to decent
living that it is unfit for human habitation or is likely to cause
sickness or disease so as to work injury to the health, morals, safety
or general welfare of those living therein.
Has light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human
beings who live or may live therein.
Has inadequate facilities for egress in case of fire or panic
or has insufficient stairways, elevators, fire escapes or other means
of communication.
Has parts thereof which are so attached that they may fall and
injure members of the public or property.
Because of its condition, is unsafe, unsanitary or dangerous
to the health, morals, safety or general welfare of the people of
the Village of Canisteo.
Is open at the doorways or windows or walls making it accessible
to and an object of attraction to minors under 18 years of age as
well as to undesirables and other trespassers.
Is or may become a place of rodent infestation.
Consists of debris, rubble or parts or buildings left on the
ground after demolition, reconstruction, fire or other casualty.
A.
Upon a written complaint brought, the Village Board will cause an
inspection to be made by the Village's Inspector, appointed by the
Village Board under the provisions of the Fire Prevention and Building
Code,[1] or such other person as the Village Board may designate
to inspect and report to the Village Board concerning any business,
industrial or residential buildings alleged to be injurious or unsafe
to the public.
B.
Investigations and report. When in the Inspector's own opinion or
upon receipt of information 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 infestations; 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, the Inspector
shall cause or make an inspection thereof and report, in writing,
to the Village Board his findings and recommendations in regard to
its repair or demolition or removal.
A.
Board order. 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 in the manner
provided herein.
B.
Notice contents. The notice shall contain the following:
(1)
A description of the premises.
(2)
A statement of the particulars in which the building is unsafe or
dangerous.
(3)
An order outlining the manner in which the building is to be made
safe and secure or demolished and removed.
(4)
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.
(5)
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 day of service
of the notice.
(6)
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 and
to assess all expenses thereof against the land on which it is located
and to institute a special proceeding to collect the costs of demolition,
including legal expenses incurred by the Village in connection therewith
and including the cost of actually removing said building or structure
against the land on which said building or structures are located.
C.
The Village shall also have such other and additional remedies as
may be available to it, including but not limited to suit against
the owner or other interested persons as herein provided for the cost
of such damages or expenses.
D.
A copy of the notice served as provided herein shall be filed in
the office of the County Clerk of the County of Steuben.
A.
Proceedings; decision of Board.
(1)
The hearing shall be conducted before the Village Board. There will
be no official transcript of the hearing made by the Village Board
unless requested by the owner, in writing, at least 15 days prior
to the hearing date.
(2)
The Building Inspector shall present his report to the Board in writing.
(3)
The owner or his representative, if present, shall call such witnesses
as he deems necessary.
(4)
If such owner or person served with notice shall neglect, fail or
refuse to comply and shall fail to appear at said hearing, then the
Village Board shall direct the repair or removal of the building forthwith.
(5)
At the conclusion of the hearing, the Village Board shall make a
determination, in writing, and a copy of the same shall be served
either personally or by registered mail on all parties who appeared
therein. The determination shall state whether the original report
is sustained, modified or reversed. If reversed, no further proceeding
shall be had.
(6)
If such owner or person served with notice shall neglect, fail or
refuse to comply, and after appearing at said hearing the Village
Board finds that the building is a public nuisance and directs its
repair or removal, the owner shall repair or remove said building
within the time prescribed by the Board.
(7)
If the owner fails or neglects to repair or remove said building
as directed by the Board following the hearing, then the Board shall
direct the repair or removal of the same forthwith.
B.
Refusal to comply. In the event of the refusal or neglect of the person so notified to comply with said order of the Village Board after the hearing, the Village Board shall provide for the demolition and removal of such building or structure either by Village employees or by contract. Except in emergency as provided in § 47-7, any contract for demolition and removal of a building in excess of $20,000 shall be awarded through competitive bidding.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Costs of proceeding. All costs and expenses incurred by the Village
in connection with any and all of the above proceedings to remove
or secure, including the cost of the transcript and reasonable attorney
fees, shall be paid by the owner of the property.
A.
Where it reasonably appears that there is present a clear and imminent danger to the 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 Building Inspector 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 § 47-8, Expenses; assessment of costs.
B.
When emergency work is to be performed under this section, the Village
shall cause the owner thereof to be served personally or by registered
mail, return receipt requested, and, if served by registered mail,
shall post on the premises a notice to comply containing a description
of the premises, a statement of the facts in which the structure is
unsafe or dangerous and orders and directions to correct the conditions
which constitute an emergency within a specified period not to exceed
three days from actual or constructive receipt of the notice.
C.
The notice shall state that the corrective costs of the emergency
will be assessed against the owner pursuant to the provisions of this
chapter.
All expenses incurred by the Village in connection with the
proceedings 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 in the
Real Property Tax Law for the levy and collections of a special ad
valorem levy. In addition thereto, interest shall run thereon from
the date of filing the verified statement to the date of actual payment
at 7 1/2% per annum. Notwithstanding any provision herein to
the contrary, the Village may, at its election, institute suit against
the owner of the premises for the direct costs, together with a charge
of 50% in addition thereto, as compensation to the Village for administering,
supervising and handling said work and enter judgment thereon against
the owner personally for the aforesaid amount. The imposition and
collection of any fine or penalty hereinafter prescribed shall not
bar the right of the Village to collect the costs of the removal or
repair of any unsafe building or structure as herein prescribed.
The transfer of title by the owner of premises upon which an
unsafe building or structure is located shall be no defense to any
proceedings under this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person upon whom a notice as provided in this chapter has
been served who fails, neglects or refuses to place such unsafe building
or structure in a safe condition as designated in such notice or who
shall commit an offense against any of the provisions of this chapter
or orders given pursuant thereto or who shall resist or obstruct the
Village Board in carrying out the provisions of this chapter shall,
upon conviction, be guilty of a violation pursuant to the Penal Law
of the State of New York, punishable by a fine of not more than $250
or by imprisonment for not more than 15 days, or both. Each week in
which such offense continues shall constitute a separate violation.
No officer, agent or employee of the Village of Canisteo shall
render himself personally liable for any damage that may accrue to
persons or property as a result of any act required or permitted in
the discharge of his duties under this chapter. Any suit brought against
any officer, agent or employee of the Village of Canisteo as the result
of any act required or permitted in the discharge of his duties under
this chapter shall, at request of said person, be defended by the
Village Attorney at Village costs or the municipality's insurance
carrier's attorneys until the final determination of the proceeding
therein.
All employees of the Police Department or any other law enforcement
official may make a report, in writing, to the Building Inspector
of any buildings or structures which are or may be deemed to be unsafe
buildings within the terms of this chapter. Such reports should be
delivered to the Building Inspector within 48 hours of the discovery
of such buildings.
Any fireman may make a report, in writing, to the Building Inspector
of any building or structures which are, may be or are suspected to
be unsafe buildings within the terms of this chapter.
