[HISTORY: Adopted by the Board of Trustees of the Village of Massena 4-21-1981
by L.L. No. 3-1981; amended in its entirety 12-18-1990
by L.L. No. 13-1990. Subsequent amendments noted where applicable.]
Unsafe buildings pose a threat to life and property in the Village of
Massena. 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 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 Massena by requiring such
unsafe buildings be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings Law of the Village
of Massena."
As used in this chapter, the following terms shall have the meanings
indicated:
Any building, structure or portion thereof used for residential,
business or industrial purpose.
The Code Enforcement Officer of the Village of Massena or such other
person appointed by the Village Board to enforce the provisions of this chapter.
[Amended 10-16-1984 by L.L. No. 9-1984]
A building is, or may become dangerous or unsafe to the general public
if:
A.
It is open at the doorways making it accessible or an
object of attraction to minors, vagrants and/or other trespassers.
B.
Its interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through the
center of gravity falls outside the middle third of its base.
C.
Exclusive of its foundation, it shows 33% or more of
damage to or deterioration of the supporting member or members, or 50% of
damage to or deterioration of the nonsupporting, enclosing or outside walls
or covering.
D.
It has improperly distributed loads upon the floors or
roofs or in which the same are overloaded or which have insufficient strength
to be reasonably safe for the purpose used.
E.
It has been damaged by fire, wind or other causes so
as to have become dangerous to life, safety or the general health and welfare
of the occupants or the people of this Village.
F.
It has become or is so dilapidated, decayed, unsafe or
unsanitary, or 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, safety or general welfare of
those living therein or adjacent thereto.
G.
It has light, air and sanitation facilities which are
inadequate to protect the health, safety or general welfare of human beings
who live or may live therein, with particular reference to the requirements
of the New York State Uniform Fire Prevention and Building Code as a determinant.
H.
It has inadequate facilities for egress in cases of fire
or panic, or has insufficient stairways, elevators, fire escapes or other
means of access or egress, again referencing the New York State Uniform Fire
Prevention and Building Code as a determinant.
I.
It has parts which have become so detached they may fail
and injure members of the public or others' property.
J.
Is or may become a place of rodent infestation.
K.
Presents any other danger to the health, safety, morals
or general welfare of the public.
L.
Is unfit for the purposes for which it may be lawfully
used.
Upon complaint about a building or on his own volition the Code Enforcement
Officer will cause to be made or make himself an inspection thereof and report,
in writing, to the Village Board his findings and recommend actions as to
repair or demolition or removal.
A.
The Village Board shall thereafter consider such report
and by resolution call for a hearing on the report. That resolution, if it
seems proper, will direct notice to the owner of the property as listed in
the current tax rolls and any other persons that the Board may deem appropriate.
The Board shall conduct the hearing, or may by order appoint a disinterested
person to do so. After hearing all testimony, the Board or its appointed hearing
office shall determine, in writing, if the building is unsafe and, if so,
whether it is to be repaired or demolished and removed.
B.
In the event that the building or other structure shall
be unsafe or dangerous under such report, the Village Board may also request
the Corporation Counsel to make an application to the Supreme Court for an
order determining the building or other structure to be a public nuisance
and directing that it shall be repaired and secured or taken down and removed.
The decision of the Village Board to bring such application does not waive
its right to call for a hearing on the report.
[Added 8-6-1996 by L.L. No. 5-1996]
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building
is unsafe or dangerous.
C.
An order outlining the manner in which the building is
to be made safe and secure or demolished and removed.
D.
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.
E.
A date, time and place for the hearing, which shall be
scheduled not less than five business days from the date of service of the
notice.
F.
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, 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.
Said notice shall be served:
A.
By personal service of a copy thereof upon the owner,
executor, administrator, agent, lessee or any person having a vested or contingent
interest in such unsafe building as shown by the records of the Receiver of
Taxes (or Tax Collector) or of the County Clerk; or, if no such person can
be reasonably found, by mailing such owner, by certified mail, return receipt
requested, a copy of such notice directed to his last known address as shown
by the above records; and
B.
By personal service of a copy of such notice upon any
adult person residing in or occupying said premises if such person can be
reasonably found; and
C.
By securely affixing a copy of such notice upon the unsafe
building.
A copy of the notice served as provided herein shall be filed in the
office of the County Clerk of the County of St. Lawrence.
If the owner fails or neglects to comply with the order of the Village Board within 20 working days (Monday through Friday, excluding holiday), after service as provided in § 120-8, the Village Board shall order the repair or the demolition and removal of the building.
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 a special ad valorem levy.
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 Code Enforcement Officer 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 § 120-11 hereof.
The surveyor appointed as provided herein shall be paid reasonable compensation
as shall be fixed by the Village Board.
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.
Any person upon whom an order 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 order or who shall resist or obstruct
the Code Enforcement Officer or any other Village employee is carrying out
the provisions of this chapter shall, upon conviction, by 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 by both
such fine and imprisonment. Each day in which such offense continues shall
constitute a separate violation.
