Village of Endicott, NY
Broome County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Endicott 10-23-1989 by L.L. No. 5-1989 as Ch. 83 of the 1989 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 125.
Building construction and fire prevention — See Ch. 138.
Dangerous buildings — See § 138-46.
Historic preservation — See Ch. 157.
Housing standards — See Ch. 160.
Designation of unfit dwellings — See § 160-9.
Property and building nuisances — See Ch. 190.
Plumbing — See Ch. 187.
Zoning — See Ch. 250.
This chapter shall be known as the "Ordinance Providing for the Removal or Repair of Buildings or Structures Deemed Dangerous, Unsafe or Constituting a Fire Hazard."
The purpose of this chapter is to promote and preserve the health, welfare and property of the residents and owners of real property located within the Village by providing a method for the removal or repair of buildings or structures within the limits of the Village that, from any cause, may now be or shall hereafter become dangerous or unsafe to the public.
The Building Inspector shall enforce the provisions of this chapter.
The Building Inspector is authorized and designated to inspect any building or structure within the limits of the Village which he has reason to believe is or may be, from any cause, dangerous or unsafe to the public.
The Building Inspector shall file with the Board of Trustees a report in writing as to the condition of any building or structure inspected by him which he believes to be, from any cause, dangerous or unsafe to the public. Such report shall specify the date of the inspection, the condition found which the Inspector deems to be dangerous or unsafe, his opinion as to the cause of such condition and his recommendations with reference to the correction of such conditions. Such report shall be filed with the Board of Trustees not less than five days from the date of such inspection.
Subsequent to the report required by § 109-5 and if the Board of Trustees shall so order, the Village Clerk shall cause a notice to be served on the owner, or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the same, either personally or by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same as shown by the records of the Receiver of Taxes and/or in the office of the Broome County Clerk, which notice shall contain the following:
A. 
A description of the premises.
B. 
A statement of the particulars in which the building or structure is unsafe or dangerous.
C. 
An order requiring same to be made safe and secure or removed.
D. 
The time within which the person served with such notice shall commence and complete the securing or removal of buildings or structures, such time to be fixed by the Board of Trustees.
E. 
That the premises will be surveyed in the event of the neglect or refusal of the person served with notice to comply with the requirements of same, said survey to be made by an official of the Village and by a practical builder, engineer or architect as may be designated, named and appointed by the Board of Trustees and by a practical builder, engineer or architect to be appointed by the person notified as above, and that, in the event of the refusal or neglect of the person so notified to appoint such surveyor within five days of the service upon him of such notice, the two surveyors named shall make the survey and report and that the survey provided for herein shall be made prior to a date to be included in said notice, such date to be fixed by the Board of Trustees, and that the survey and report shall be filed with the Board of Trustees on a day to be fixed in said notice, which date shall also be fixed by the Board of Trustees.
F. 
That in the event that the building or structure shall be reported unsafe or dangerous under such survey, an application will be made returnable at a special term of the Supreme Court in the judicial district in which the property is located on a date and at a time and place to be specified in such notice, which date shall be not less than five nor more than 10 days from the day fixed for the filing of such report for an order determining the building or structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.
In the event that the notice provided for in this chapter is served by registered mail, then a copy thereof shall be posted on the premises on the day of the mailing of such notice.
A signed copy of the report of survey shall be served personally or by registered mail upon the person to whom notice to remove or abate a dangerous or unsafe building is directed, and a signed copy thereof shall be posted on the building or structure the day of the date of the filing of such report or survey.
All costs and expenses incurred by the Village in connection with the proceeding to remove or secure, including the cost of actually removing any building or structure as provided for herein, shall be assessed against the land on which said building or structure is located, or was located, and shall be and become a lien on said land as of the date of such assessment. The lien of the Village for such costs and expenses shall have priority over all other claims except the lien of taxes and assessments, which shall constitute a prior lien.
The remedies of the Village as herein set forth shall not be exclusive, but the Village shall have any other and further remedies at law or otherwise now existing or as may hereafter be provided for under the laws of the State of New York, and any and all such remedies shall be deemed cumulative, and the pursuit of any remedies shall not be construed as an election or the waiver of the right to pursue any and all others.
A. 
It shall be unlawful for any person or corporation to knowingly maintain or cause to be maintained or to knowingly allow or permit any other person or corporation as agent, lessee or otherwise to maintain any dangerous, unsafe or hazardous building or structure, and any owner, occupant, lessee or other person or other corporation who shall knowingly maintain or cause to be maintained or knowingly allows or permits to be maintained any such dangerous, unsafe or hazardous building or structure and who shall fail to comply with any order or any provisions of any order of the Supreme Court of the State of New York obtained as herein set forth directing that such unsafe building or structure be demolished or repaired shall, upon conviction thereof, be punishable by a fine not to exceed $1,000 or imprisonment for not to exceed one year, or by both such fine and imprisonment.
B. 
For the purpose of Subsection A of this section, each day during which there is a violation in complying with the provisions of this chapter or any order issued by the Board of Trustees shall constitute a separate offense.
C. 
Any person removing any notice or notices provided for in this chapter shall be guilty of misconduct and shall, upon conviction thereof, be punished as provided in Subsection A above.