[HISTORY: Adopted by the Common Council of
the City of Oswego 5-12-1980 as
Ch. 112 of the 1980 Code; amended in its entirety 9-26-2016 by L.L. No. 5-2016.
Subsequent amendments noted where applicable.]
All buildings or structures which have any or all of the following
defects shall be deemed dangerous buildings:
A.
Those
whose 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 of the middle third of its base.
B.
Those
which, exclusive of the foundations, show 33% or more of damage or
deterioration of the supporting member or members or 50% of damage
or deterioration of the nonsupporting enclosing or outside walls or
covering.
C.
Those
which have 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.
D.
Those
which have been damaged by fire, wind or other causes so as to have
become dangerous to life, safety, morals or the general health and
welfare of the occupants or the people of the City of Oswego.
E.
Those
which have become or are so dilapidated, decayed, unsafe or insanitary
or which so utterly fail to provide the amenities essential to decent
living that they are unfit for human habitation or are likely to cause
sickness or disease so as to work injury to the health, morals, safety
or general welfare of those living therein.
F.
Those
buildings and structures, occupied or unoccupied, having light, air,
water, electrical, hot water and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human
beings who live or may live therein.
G.
Those
having inadequate facilities for egress in case of fire or panic or
those having insufficient stairways, fire escapes or other means of
communication.
H.
Those
which have parts thereof which are so attached that they may fall
and injure members of the public or property.
I.
Those
which, because of their condition, are unsafe, insanitary or dangerous
to the health, morals, safety or general welfare of the people of
this City.
J.
Those
buildings existing in violation of any provision of the Building Code
of this City or any provisions of any ordinances relating to the prevention
of fire or of other ordinances of this City or laws of the State of
New York now or hereafter adopted.
The following standards shall be followed in substance by the
Building Inspector and the Director of Code Enforcement in ordering
repair, removal, vacation or demolition:
A.
If
the dangerous building can reasonably be repaired so that it will
no longer exist in violation of the terms of this chapter, it shall
be ordered to be repaired.
B.
If
the dangerous building is in such condition as to make it dangerous
to the health, morals, safety or general welfare of its occupants,
it shall be ordered to be vacated.
C.
In
any case where a dangerous building is damaged or decayed or deteriorated
by 50% from its original value or structure, it shall be demolished,
and in all cases where a building cannot be repaired so that it will
no longer exist in violation of the terms of this chapter, it shall
be demolished. In all cases where a dangerous building is a fire hazard
existing or erected in violation of the terms of this chapter or any
ordinance relating to the prevention of fire, it shall be demolished.
D.
All
repairs undertaken pursuant to this chapter shall be made in compliance
with existing laws of the City of Oswego and State of New York, including
the New York State Uniform Fire Prevention and Building Code, and
shall comply with the standards thereof pertaining to heat, hot water,
sanitation, electricity, light, air and safety.
All dangerous buildings within the terms of § 83-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereafter provided.
The Building Inspector shall:
A.
Inspect
all public buildings, schools, halls, churches, theaters, hotels,
tenements, apartments or commercial, manufacturing or loft buildings
for the purpose of determining whether any condition exists which
renders such places a dangerous building within the terms of this
chapter.
B.
Inspect
any building, wall or structure about which complaints are filed by
any person to the effect that a building, wall or structure is or
may be existing in violation of this chapter.
C.
Inspect
any building, wall or structure reported, as hereinafter provided
for, by the Fire Department or Police Department of this City as probably
existing in violation of the terms of this chapter.
D.
Notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the said building, as shown by the real property records of the Clerk of the County of Oswego, of any building found by him to be a dangerous building within the standards set forth in § 83-1 of this chapter that:
(1)
The owner must vacate or repair or demolish said building in accordance
with the terms of the notice and this chapter.
(2)
The occupant or lessee must vacate said building or may have it repaired
in accordance with the notice and remain in possession.
(3)
The mortgagee, agent or other persons having an interest in said
building, as shown by the said real property records of the Clerk
of the County of Oswego, may, at his own risk, repair, vacate, remove
or demolish said building or have such work or act done, provided
that any person notified under this subsection to repair, vacate or
demolish any building shall be given such reasonable time, not exceeding
90 days, as may be necessary to do or to have done the work or act
required by the notice provided for herein.
E.
Set forth in the notice provided for in Subsection D hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building, and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 90 days, as is reasonable.
G.
Appear
at all hearings conducted by the Director of Code Enforcement and
testify as to the condition of the dangerous buildings.
H.
Place
a notice on all dangerous buildings, reading as follows:
This building has been found to be a dangerous building by the
Code Enforcement Officer. It is unlawful to remove this sign without
permission of the City of Oswego under penalty of the law.
The Director of Code Enforcement shall:
A.
Upon receipt of a report of the Building Inspector as provided for in § 83-4F hereof, give written notice to the owner, according to the general tax assessment rolls of the City of Oswego, and also to the occupant, mortgagee, lessee, agent and all other persons who may have an interest in said building, as determined by the Director of Code Enforcement from the assessment and tax records of the City of Oswego, to appear before him on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in § 83-4E.
B.
Hold
a hearing and hear such testimony, under oath, as the Building Inspector
or the owner, occupant, mortgagee, lessee or any other person having
an interest in said building, as shown by the real property records
of the Clerk of the County of Oswego, and any other persons called
as a witness by any of the foregoing, shall offer relative to the
dangerous building.
D.
Issue an order, based upon findings of fact made pursuant to Subsection C above, commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building, as shown by the real property records of the Clerk of the County of Oswego, to repair, vacate or demolish any building found to be a dangerous building within the terms of this chapter, and provided that any person so notified, except the owners, shall have the privilege of vacating or repairing said dangerous building, or any person not the owner of said dangerous building but having an interest in said building, as shown by the real property records of the Clerk of the County of Oswego, may demolish said dangerous building at his own risk to prevent the acquiring of a lien against the land upon which said dangerous building stands by the City, as provided in Subsection E hereof.
E.
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection D hereof within 10 days, the Director of Code Enforcement shall report such fact to the Common Council, in writing, and transmit to the Common Council at such time a copy of his written findings of fact and of the order provided for in Subsection D. The Common Council, by resolution, may authorize the Director of Code Enforcement to cause such building or structure to be repaired, vacated or demolished as the facts may warrant under the standards hereinbefore provided for in § 83-2. The cost of such repair, vacation or demolition shall be charged against the land upon which such building exists in the same manner as local assessments provided for in the Charter of the City of Oswego, provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of the City of Oswego, the Common Council may direct the City Attorney to take legal action to compel the owner to make all necessary repairs or to demolish the building.
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous building as defined herein is immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the Common Council, and the Common Council may direct the Director of Code Enforcement to cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in § 83-5E hereof.
In all cases where notices or orders provided for herein are
required to be served, such service shall be made either personally
or by registered mail, return receipt requested, directed to the person
upon whom it is intended to be served at his last known address, and
in the event that such service is made by registered mail, a copy
of such notice or order shall be posted in a conspicuous place on
the dangerous building to which it relates. Such personal service
or service by mail and posting shall be deemed adequate service.
No officer, agent or employee of the City of Oswego shall render
himself personally liable for any damage that may accrue to the persons
or property of anyone as a result of any act required or permitted
in the discharge of his duties under this chapter. Any suit brought
against any such officer, agent or employee of the City of Oswego
as a result of any act required or permitted in the discharge of his
duties under this title shall be defended by the City Attorney, and
any judgment recovered against such person, if affirmed where an appeal
is taken, shall be paid by the City of Oswego.
All members of the Fire and Police Departments of the City of
Oswego shall make a report, in writing, to the Building Inspector
of any buildings or structures which are or may be or are suspected
to be dangerous buildings within the meaning of this chapter.
This chapter shall take effect immediately upon filing with
the Secretary of State.
