[HISTORY: Adopted by the Borough of Trustees of the Village of Oxford 6-2-1992
as L.L. No. 4-1992. Amendments noted where applicable.]
Unsafe buildings pose a threat to life and property in the Village of
Oxford. 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.
Debris, rubble or parts of buildings left on the ground and not removed constitute
a dangerous, unhealthy and unsightly condition. 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 Oxford by requiring such unsafe
buildings to be repaired or demolished and removed.
As used in this chapter, the following terms shall have the meanings
indicated:
A structure wholly or partly enclosed within exterior walls or within
exterior or party walls and a roof, affording shelter to persons, animals
or property.[1]
The Building Inspector of the County of Chenango or such other person
appointed by the Board of Trustees to enforce the provisions of this chapter.
Any debris, rubble or parts of buildings which remain on the ground
or on the premises after demolition, reconstruction, fire or other casualty.
An assembly of materials forming a construction framed of component
structural parts for occupancy or use, including buildings.[2]
Any building or structure or portion thereof which:
A.
Because of its structural condition, is or may become
dangerous or unsafe to the public.
B.
Is open at the doorways or windows or walls, making it
accessible to and an object of attraction to minors under eighteen (18) years
of age as well as to vagrants and other trespassers.
C.
Is or may become a place of rodent infestation.
D.
Consists of debris, rubble or parts of buildings left
on the ground after demolition, reconstruction, fire or other casualty.
E.
Presents any other danger to the health, safety, morals
and general welfare of the public.
It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Village of Oxford to maintain such building or structure or portion of such building or structure in any condition or manner which shall be unsafe as defined in § 103-2 of this chapter.
When, in the opinion of the Building Inspector, any building or structure located in the Village of Oxford shall be deemed to be dangerous or unsafe to the public as defined in § 103-2, the Building Inspector shall make a formal inspection thereof and report in writing to the Board of Trustees his findings and recommendations in regard to the building's or structure's removal or repair.
The Board of Trustees shall thereupon consider said report, and if it
finds that such building or structure is dangerous and unsafe to the public,
it shall, by resolution, order its repair if the same can be safely repaired,
and if not, its removal and demolition, and shall further order that a hearing
be held before the Board of Trustees at a time and place therein specified
and on at least five (5) days' notice to the owner of the building or
structure or persons having an interest therein to determine whether said
order to repair or remove shall be affirmed or modified or vacated and, in
the event of modification or affirmance, to assess all costs and expenses
incurred by the village in the repair or removal of such building or structure
against the land on which said building or structure is located.
The notice shall contain the following statements:
A.
The name of the owner or person in possession as appears
from the tax and deed records.
B.
A brief description of the premises and its location.
C.
A description of the building or structure which is unsafe
or dangerous and a statement of the particulars in which it is unsafe or dangerous.
D.
An order requiring the same to be made safe and secure
or to be removed.
E.
That the securing or removal of said building or structure
shall commence within a specified number of days of the service of the notice
and shall be completed within a specified number of days thereafter.
F.
The time and place of the hearing to be held before the
Board of Trustees, at which hearing the owner or occupant shall have the right
to contest the order and findings of the Board of Trustees.
G.
That, in the event that such owner, occupant or other
person having an interest in said premises shall fail to contest such order
and fail to comply with the same, the Board of Trustees will order the repair
or removal of such building or structure by the village, and that the village
will assess all costs and expenses incurred in such removal against the land
on which such building or structure is located.
H.
That in any case where a building which is required to
be made safe and secure under this chapter is made safe by the boarding up
thereof, the material used for such boarding shall be painted, as near as
practicable, the same color as the building.
A.
A copy of said notice shall be personally served upon
the owner or some one (1) of the owners, executors, legal representatives,
agents, lessees or other person having a vested interest in the premises as
shown on the village tax records or in the records in the Chenango County
Clerk's office.
B.
If no such person can be reasonably found for personal
service, then a copy of said notice shall be mailed to such person by registered
mail addressed to his last known address as shown on said records and by personally
serving a copy of said notice upon any adult person residing in or occupying
said premises or by securely affixing a copy of said notice upon said building
or structure.
C.
A copy of said notice shall be filed in the Chenango
County Clerk's office, which notice shall be filed in the same manner
as a notice of pendency pursuant to Article 65 of the Civil Practice Law and
Rules and shall have the same effect as a notice of pendency as therein provided.
A notice so filed shall be effective for a period of one (1) year from the
date of filing. It may be vacated upon an order to a Judge or Justice of a
court of record or upon written consent of the Village Attorney of the Village
of Oxford. The Chenango 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.
The Board of Trustees shall conduct the public hearing at the time and
place specified in the notice to repair or demolish. It may adjourn the hearing
from time to time until all interested parties are heard and until the hearing
is completed. At the conclusion of the hearing, the Board of Trustees shall
determine by resolution to revoke the order to to repair or remove, modify
said order or continue and affirm said order and direct the owner or other
persons to complete the work within the time specified in the order or such
other time as shall be determined by the Board of Trustees.
In the event of the refusal, failure or neglect of the owner or person
so notified to comply with said order of the Board of Trustees within the
time specified in said order and after the public hearing, the Board of Trustees
shall provide that such building or structure be made safe and secure or removed
and demolished by village employees or by independent contractors. Except
in emergency cases as herein provided, any contract for repair or demolishing
and removal of a building or structure in excess of five thousand dollars
($5,000.) shall be awarded through competitive bidding.
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 Article 5 of the Village Law for the levy and
collection of real property taxes.
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 or structure is immediately repaired and secured or demolished, the Board of Trustees may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building or structure. 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 § 103-10 hereof.
The Board of Trustees, in its discretion, may elect to apply to the
Supreme Court of the State of New York for an order directing that the building
be repaired and secured or demolished and removed.
The Board of Trustees may commence a special proceeding pursuant to
78-b of the General Municipal Law to collect the costs of demolition, including
reasonable and necessary legal expenses.
Any person who violates this chapter shall be punishable by a fine not
to exceed two hundred fifty dollars ($250.) or by imprisonment not to exceed
fifteen (15) days, or by both such fine and imprisonment. Each day's
violation shall constitute a separate offense.
