Village of Newark, NY Buildings, Unsafe or Unsightly

The Board of Trustees finds that maintenance and protection of structures within the Village of Newark is essential to the protection of the general health, safety and welfare, environmental balance and maintenance of aesthetic quality, including the protection of the Village's character, property values and its scenic vistas and views. Therefore, specific regulations are required to achieve these ends by the regulation of structures and the aesthetic impact of those structures on the neighborhoods in which they exist and the Village overall.

§ 67-2 Unsafe and unsightly buildings illegal.

All buildings or structures which are structurally unsafe, unsanitary or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this chapter, unsafe and unsightly buildings. All such unsafe and unsightly buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this chapter.

Aesthetic considerations/unsightly buildings. Any building or structure that is in a state of disrepair to the extent that it has an unfavorable effect on the property values of other buildings or properties in the neighborhood shall constitute an unsightly building. Examples of unsightly buildings include but are not limited to broken or inaccessible steps, boarded-up windows, broken windows, broken gutters, broken hand rails, missing or loose siding, substantially chipped or peeled paint over 50% of the structure and sprung or broken doors.

§ 67-3 Inspections.

The Code Enforcement Officer shall examine or cause to be examined every building reported as unsafe, unsightly or damaged and shall make a written record of such examination.

If, after such investigation, it appears that there is a reasonable basis to believe that any of the provisions of this chapter have been violated, the Code Enforcement Officer, Building Inspector or the Police Department shall immediately cause a notice in writing to be served upon the owner or occupant of the property. Such notice shall set forth the nature of the complaint and shall direct the owner or occupant to abate the nuisance created by the unsafe or unsightly building. The notice required under this chapter shall be served upon the owner or his or her executor, legal representative, agent, lessee or any other person having a vested or contingent interest in such premises as shown by the records of the Town Assessor or of the Wayne County Clerk. Service shall be made either personally or, if not by personal service, by registered or certified mail, and by first class mail addressed to the last known address, if any, of the owner, his or her executor, legal representative, agent, lessee or other person having a vested or contingent interest in such premises as aforesaid identified. If service is made by registered or certified mail, a copy of the notice shall be posted on the premises.

§ 67-4 Notice of violation; immediate danger; posting of building.

Whenever the Code Enforcement Officer shall find any building or structure, or portion thereof, to be an unsafe or unsightly building as defined in this chapter, the Code Enforcement Officer shall, in the same manner as provided for the service of stop orders in § 62-16 of Chapter 62, Building Construction and Fire Prevention, give to the owner, agent or person in control of such building or structure, written notice stating the defects thereof. This notice shall require the owner within a specified time either to complete specific repairs or improvements or to demolish and remove the building, or structure or portion thereof.

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 buildings 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 their agents or other servants, to remove such notice without written permission of the Code Enforcement Officer, or for any person to enter the building, except for the purpose of making the required repairs or of demolishing same.

§ 67-5 Emergency situations.

In cases of emergency which, in the opinion of the Code Enforcement Officer, involve imminent danger to human life or health, the Code Enforcement Officer shall promptly cause such building, structure or portion thereof to be made safe or removed. For this purpose, the Code Enforcement Officer may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance at such cost as may be necessary. The Code Enforcement Officer may vacate adjacent structures and protect the public by barricades, or such other means as may be necessary, and for this purpose may close a public or private way.

§ 67-6 Inquiry by Village Board.

Any person feeling aggrieved by any such action or notice may, within three days after the receipt of such notice, demand the matter be inquired into by the Village Board. Such demand must be in writing, signed by the person seeking such inquiry, and filed with the Village Clerk. Within a reasonable time, the Village Board shall schedule a date, time and place for a hearing before the Village Board in which the aggrieved person may address the Village Board. Such hearing shall be scheduled not less than five business days from the date of service of the notice. The Village Board of Trustees shall then make a determination based on a preponderance of the evidence as to whether or not the building is unsafe or unsightly.

§ 67-7 Failure to comply.

In the event of the refusal or neglect of the person so notified to comply with said notice or order of the Village Board after a hearing, if a hearing is requested pursuant to § 67-6, the Village Board shall provide for the abatement of the nuisance created by the unsafe or unsightly building, as the case may be, either by Village employees or by contract, and the total cost thereof, including an administration fee of $25, shall be assessed upon the real property upon which the unsafe or unsightly building is located, and shall constitute a lien and charge upon the real property on which it is levied until paid or otherwise satisfied or discharged, and shall be collected by the Village Treasurer in the manner provided by law for the collection of real property taxes.

In any case where the Village of Newark provides for the abatement of the nuisance created by the unsafe or unsightly building, there shall be an administrative fee of $25 assessed against the property from which the nuisance was abated.

In the event it is the recommendation of the Code Enforcement Officer that the building or structure be demolished, then Village shall then commence the appropriate proceeding under Article 18 of the Executive Law of the State of New York.