All buildings or structures which are structurally unsafe, unsanitary
or are not provided with adequate egress or which constitute a fire
hazard or are otherwise dangerous to human life or which, in relation
to their existing condition or use, constitute a hazard to safety
or health by reason of their incomplete construction, inadequate repair
or maintenance, dilapidation, obsolescence, unrestricted access or
abandonment are, severally, for the purpose of this article, unsafe
buildings. All such unsafe buildings are hereby declared to be illegal
and shall be abated by repair and rehabilitation, including such measures
as may reasonably be necessary to prevent unauthorized access thereto
by children and other persons, or by demolition in accordance with
the procedure of this article.
Unsafe buildings, structures, and equipment and conditions of
imminent danger in this Town shall be identified and addressed in
accordance with the following procedures:
A. Procedures for complaints.
(1) Complaints alleging a violation shall be submitted to the Code Enforcement
Officer, in writing, on a form provided by said Code Enforcement Officer,
and, in order to constitute a bona fide complaint mandating review,
shall include the following information:
(a)
The full name, address and telephone number of the complainant;
(b)
A description of the alleged violation;
(c)
The date and time of the alleged violation;
(d)
The address and Tax Map number of the property in alleged violation;
and
(e)
A reference to the applicable law allegedly violated.
(2) Complaints shall be reviewed and investigated by the Code Enforcement
Officer or his duly authorized representative for a determination
of the validity of the complaint. Such Code Enforcement Officer or
duly authorized representative shall thereafter indicate on the aforementioned
complaint form the corrective action required.
(3) The Code Enforcement Officer shall make a written record of such
examinations, inspections and operating permits and of the fees charged
and collected, if any shall be established and maintained.
(4) The Code Enforcement Officer shall examine or cause to be examined
every building and/or building equipment reported as unsafe or damaged.
(5) Whenever the Code Enforcement Officer shall find any building, building equipment or structure or portion of any such building, building equipment or structure to be unsafe, as defined in this article, said officer shall, in the manner specified in §
80-26, serve written notice on the owner of said building or on one of the owner's executors, legal representatives, agents or lessees or other person having a vested or contingent interest in the same, which said notice shall contain:
(a)
A description of the premises;
(b)
A statement of the particulars in which said building is unsafe;
(c)
An order requiring the same to be made safe and secure by repair
or otherwise or to be demolished and removed within a specified period
of time, and including a date within which said work shall be commenced;
(d)
Notice of the time and place for a hearing on the matter before
the Town Board; and
(e)
A statement that, in the event that said building is determined
by the Town Board to be unsafe, said building shall be made safe and
secure by such repairs or other measures which may reasonably be necessary
or shall be demolished and removed by the Town of Onondaga, and all
costs and expenses incurred by the Town shall be charged against the
owner of said building or assessed against the land on which said
building is located.
(6) The aforementioned notice shall be served in the manner provided in §
80-26, and a copy of said notice shall be filed in the Onondaga County Clerk's office in accordance with the applicable provisions of law. In the event that said notice is served by registered mail, a copy of the same shall also be posted upon a conspicuous portion of the building.
B. Immediate vacation; posting of notice. If the Code Enforcement Officer
finds that there is actual and immediate danger of failure or collapse
so as to endanger life, such notice shall also require the building,
structure or portion thereof to be vacated forthwith and not reoccupied
until the specified repairs and improvements are completed, inspected
and approved by the Code Enforcement Officer. The Code Enforcement
Officer shall cause to be posted at each entrance to such building
a notice: "This building is unsafe, and its use or occupancy has been
prohibited by the Building Department." Such notice shall remain posted
until the required repairs are made or demolition is completed. It
shall be unlawful for any person, firm or corporation or its agents
or other servants to remove such notice without permission of the
Code Enforcement Officer or for any person to enter the building except
for the purpose of making the repairs or of demolishing the same.
C. Hearing; performance of work by Town. In the event that the owner of the unsafe building or, as the case may be, the owner's executor, legal representative, agent or lessee or other person having a vested or contingent interest in the same fails, neglects or refuses to comply with the written notice, the Town Board shall conduct the hearing at the time and place specified in said notice. At said hearing, the Town Board shall receive testimony and other such evidence as may be presented to it on the issue of whether the building in question is unsafe as defined in §
80-8 of this article. The owner or other person having interest in the building shall be given full opportunity to be heard at said hearing. If, after hearing the evidence, the Town Board determines that said building is unsafe, it may direct the Code Enforcement Officer to cause said building to be made safe and secure by such repairs or other measures which may reasonably be necessary or to be demolished and removed and the land upon which it is located cleared of debris and all excavations filled and graded.
D. Emergencies. In cases of emergency which, in the opinion of the Code
Enforcement Officer, involve imminent danger to human life or health,
he shall promptly cause such building, structure or portion thereof
to be made safe or removed. For this purpose, he may at once enter
such structure or land on which it stands or abutting land or structure,
with such assistance and at such cost as may be necessary. He may
vacate adjacent structures and protect the public by appropriate barricades
or such other means as may be necessary and, for this purpose, may
close a public or private way.
E. Costs and expenses. All costs and expenses incurred by the Town under §
80-11C and
D of this article shall be initially paid out of Town funds and shall be charged to and reimbursed by the owner of the premises involved and collected in the manner provided by law or shall be assessed against the land on which said building is or was located. The remedies set forth in this article, including the collection of costs and expenses as provided for in this section, shall be in addition to the remedies and penalties set forth in §
80-26 of this chapter.