As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING
Any building, structure or portion thereof used for any purpose.
[Amended 4-7-2009 by L.L. No. 2-2009]
CODE ENFORCEMENT INSPECTORS
Persons appointed by city government and/or the Mayor to
enforce the provisions of this chapter and any applicable state laws.
UNSAFE BUILDING
Any building or structure that endangers the health, safety
or welfare of the public, including all buildings which have any or
all of the following defects:
A.
Interior or exterior bearing walls or other
vertical structural members which list, lean or buckle to such an
extent as to weaken the structural support they provide.
B.
Thirty-three percent or more damage to or deterioration
of the supporting member or members or 50% damage to or deterioration
of the nonsupporting, enclosing or outside walls or covering.
C.
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 any cause so
as to have become dangerous to life, safety or the general health
and welfare of the occupants or the people of the City of Amsterdam.
E.
Those which are so dilapidated, decayed, unsafe
and/or unsanitary that they are unfit for human habitation in accordance
with normally accepted standards set for human habitability.
F.
Light, air and sanitation facilities inadequate
to protect the health, safety or general welfare of human beings who
may live therein, with particular reference to the requirements of
the New York State Uniform Fire Prevention and Building Code as a
determinant.
G.
Those having inadequate facilities for exit
in case of fire or other emergency or those having insufficient stairways,
elevators or fire escapes, again referencing the New York State Uniform
Fire Prevention and Building Code as a determinant.
H.
Parts thereof which are so inadequately attached
that they may fall and injure members of the public or property.
I.
Those which consist in the main of debris, rubble
or parts of buildings left on the ground after demolition, reconstruction,
fire or other casualty.
J.
Those which, because of their condition, are
unsafe, unsanitary or dangerous to the health, safety or general welfare
of the people of the City of Amsterdam.
No person, firm, corporation or association,
owning, possessing or controlling a building in the City of Amsterdam
shall permit, suffer or allow said building now or hereafter to be
or become unsafe to the public and/or residents from any cause whatsoever.
The City Code Enforcement Inspectors shall make
inspections of all unsafe buildings within the City of Amsterdam and
report to the Fire Chief any unsafe buildings which be found within
the limits of the City of Amsterdam.
[Amended 4-7-2009 by L.L. No. 2-2009]
The Fire Chief, who shall act as the Director of Buildings for
the purposes of this chapter, shall consider the reports of the Code
Enforcement Inspectors or other qualified inspectors and, if in the
opinion of the Fire Chief the reports so warrant, shall determine
that the building is unsafe and order its repair or removal and further
serve a notice on the owner and all other persons having an interest
in such property or structure as follows:
A. The
notice shall contain the following:
(1) A description of the premises.
(2) A statement of the particulars in which the building is unsafe or
dangerous.
(3) An order requiring the building to be repaired or removed.
(4) That the repairing or demolition of the building shall commence within
30 days of the serving of the notice, as hereinafter provided, and
shall be completed within 60 days thereafter.
(5) A date, time and place for a hearing before the Fire Chief in relation
to such unsafe building. Such hearing shall be scheduled not less
than five business days from the date of service of the notice.
(6) A statement that, in the event of neglect or refusal to comply with
the order to repair or remove the building, the Fire Chief is authorized
to:
(a) Provide for its repair or demolition.
(b) Assess all expenses thereof against:
[1]
The land on which it is located;
[2]
Any insurance proceeds of the property damaged in an insured
event;
[3]
The owner of the property; or
[4]
Any combination of the above.
(c) Institute a special proceeding pursuant to General Municipal Law
§ 78-b to collect the costs of demolition, including legal
expenses.
[Amended 4-7-2009 by L.L. No. 2-2009]
A. The
hearing shall be conducted before the Fire Chief. The Code Enforcement
Inspector or other qualified inspector shall present his or her report
to the Fire Chief in writing. The owner or his or her representative,
if present, shall call such witnesses as he or she deems necessary.
The Fire Chief shall make written findings of fact from the testimony
offered as to whether or not the building in question is an unsafe
building.
B. If
the Fire Chief finds that the building in question is unsafe, he or
she shall continue the order to repair or remove the unsafe building
contained in the notice or modify the order to extend the time limits
to accommodate the expected time of repair or removal.
C. If
the Fire Chief finds that the building in question is not unsafe,
he or she shall vacate the order to repair or remove the building.
D. If
the owner fails or neglects to repair or remove said building as directed
by the Fire Chief, then the Fire Chief shall direct the repair or
removal of same forthwith by City employees or by contractors.
[Amended 4-7-2009 by L.L. No. 2-2009]
In the event of neglect or refusal of the persons so notified
to comply with the order to repair or remove the unsafe building contained
in the notice or as modified after a hearing, the Fire Chief shall
provide for the demolition and removal of such building either by
City employees or by contractors.