[HISTORY: Adopted by the Board of Trustees
of the Village of Naples 5-17-2000 by L.L. No. 2-2000. Amendments noted where
applicable.]
This chapter shall be known as the "Property
Nuisance Abatement Law of the Village of Naples."
[Amended 7-16-2008 by L.L. No.
4-2008]
Dangerous and unsafe buildings, structures,
and premises threaten life and property in the Village of Naples and
constitute nuisances. Premises, whether occupied or unoccupied by
human beings, improved or not, may become nuisances, dangerous and
unsafe, by reason of faulty design or construction, failure to maintain
the structural integrity of a building, lack of proper sanitary facilities,
lack of adequate lighting or ventilation, inability to heat properly,
failure to keep property free from the accumulation of garbage and
refuse, fire damage, age or general deterioration, violation of state
or local codes, laws, rules, or regulations, or any combination of
these or other factors that create a hazard to the community. This
chapter provides for the safety, health, protection and general welfare
of the persons and property of and in the Village of Naples by requiring
that such unsafe premises be repaired, cured, cleared, cleaned, vacated
or demolished.
All unsafe premises within the terms of this
chapter are hereby declared to be public nuisances and shall be repaired,
cured, cleared, cleaned, vacated or demolished as hereinafter provided.
As used in this chapter, the following terms
shall have the meanings indicated:
Any building, structure or portion thereof used for any or
no purpose, whether vacant or occupied, including residential, business,
agricultural, land conservation, or industrial purposes.
The Code Enforcement Officer of the Village of Naples or
such other persons appointed by the Village Board to enforce the provisions
of this chapter.
[Amended 7-16-2008 by L.L. No.
4-2008]
Any refuse from animal and vegetable matter, waste food or
parts thereof, refuse from kitchen, market, store or house, floor
sweepings, table waste or animal or vegetable matter, meats, fish,
bones, fat and all of fat and organic waste substance or food substance
capable of decay.
Plastics and combustible trash (that has not been packaged
or is not part of a business operation), including but not limited
to paper, cartons, boxes, barrels, wood, excelsior, tree limbs and
branches, yard trimmings, wood furniture and bedding. Also included
is noncombustible trash, including but not limited to tires, metals,
cans, plastics, metal furniture, small quantities of rock, brick and
concrete, glass, metal fixtures, bottles and street rubbish, street
sweepings, dirt, ashes, dead animals, junked vehicles, solid market
and industrial waste, cardboard, leaves, crockery and similar materials.
Any condition that threatens the safety of occupants, owners
or the general public, such as but not limited to sheathing falling
off the side of a building, roofs that are falling in, large holes
of four square feet or larger, walls that are separating away from
the building, buildings that are leaning at an angle, buildings that
have partially or completely collapsed, sagging support beams, floors
that are falling in, are weak and/or have holes, porch roofs dropping
or pulling away from the building, chimneys that are leaning or falling
apart, bricks that are missing and leave holes, steps that are rotted
or coming apart, and decks that are leaning or rotted and falling
down or coming apart.
The Village of Naples.
The Village Board of the Village of Naples.
Real property and/or any improvements, buildings, structures,
equipment thereon or installations therein, including electrical,
gas, water, sewer, or septic service, whether above or below ground
surface, that are the property owner's responsibility and that have
become or are dilapidated, decayed, unsafe, unsanitary, or a fire
hazard or are likely to cause injury, sickness or disease and, therefore,
are a danger to the health, safety or general welfare of those residing
in or upon the property or adjacent to the same or to the citizens
of the Village of Naples at large. "Unsafe premises" is further defined
as properties that, because of their condition, are otherwise unsafe,
unsanitary or dangerous to the people of the Village of Naples. "Unsafe
premises" shall also be those properties that are in violation of
the New York State Uniform Fire Prevention and Building Code, the
New York State Public Health Law, the New York State Sanitary Code,
the Zoning Law of the Village of Naples[1] and/or other local laws and ordinances declared to be
public nuisances by the Village of Naples by resolution. "Unsafe premises"
may include the whole or any portion of any real property describe
in a deed recorded in the office of the Ontario County Clerk or on
the tax rolls and tax map of the Village of Naples, Ontario County.
"Unsafe premises" may be improved or unimproved real property, containing
buildings and/or consisting of vacant land.
[Amended 7-16-2008 by L.L. No.
4-2008]
See "unsafe premises"; shall be considered the same.
[Amended 7-16-2008 by L.L. No.
4-2008]
When in the Code Enforcement Officer's opinion
or upon receipt of information that any property is or may become
unsafe premises within the meaning of this chapter, the Code Enforcement
Officer shall be authorized to condemn said premises or buildings
and to have these vacated immediately if necessary. The Code Enforcement
Officer shall also be authorized to order its repair, if the same
can be safely repaired, its securing for safety purposes and/or its
demolition and removal. For any necessary stronger enforcement the
Code Enforcement Officer shall make a report in writing to the Village
Board of his findings and recommendations in regards to its being
vacated, repaired, secured for safety purposes or demolished and removed.
[Amended 7-16-2008 by L.L. No.
4-2008]
The Village Board shall thereafter consider such report and the definitions of this chapter and by resolution determine, if in its opinion and judgment the report so warrants, that such building or premises is unsafe or dangerous and order its repair, if the same can be safely repaired, its securing for safety purposes and/or its demolition and removal and further order that a notice be served upon the persons designated in § 225-8 of this chapter and in the manner provided therein. The Village Board will authorize the Code Enforcement Officer to be in charge of the enforcement of the Village order.
This notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building
or property is unsafe or dangerous.
C.
A statement outlining the manner in which the building
or property is to be made safe and secure or demolished and removed.
D.
An order that the repair, vacating, securing or removal
of such building or condition (nuisance) shall commence within 30
days of 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 a public hearing before
the Village Board in relation to such dangerous or unsafe premises,
which hearing shall be scheduled not less than five business days
from the date of service of the notice. Emergency notices shall be
displayed in the window at the Village Clerk's office identifying
the property and status of action being taken.
F.
A statement that, in the event of neglect or refusal
to comply with the order to secure or demolish and remove or correct
such condition (nuisance), the Village Board is authorized to provide
for its repair or securing or its demolition and removal, as the case
may be, to assess all expenses thereof against the land on which it
is located and/or to institute a special proceeding to collect the
cost of removal, demolition or repair, including legal and engineering
expenses.
The notice required under this chapter shall
be served upon the owner, his executors, legal representatives, agent,
lessee, or any other person having a vested or contingent interest
in such unsafe premises or building, as shown by the records of the
Town Assessor or of the Ontario County Clerk. Service shall be made
either personally or by registered or certified mail, addressed to
the last known address, if any, of the owner, his executors, legal
representatives, agent, lessee or other person having a vested or
contingent interest in such unsafe premises or building as aforesaid
identified. If service is made by registered or certified mail, a
copy of the notice shall be posted on the premises.
A copy of the notice served as provided herein
shall be filed in the office of the Clerk of the County of Ontario
and with the Village Clerk of the Village of Naples.
A.
The public hearing shall be conducted before at least
a quorum of the Village Board.
B.
The Mayor or his or her designee shall preside over
the public hearing.
C.
The owner of the premises may be represented by counsel
at the public hearing and shall have the right to call witnesses in
his or her behalf and to otherwise present his or her case in opposition
to the Village case.
D.
The strict rules of evidence shall not apply to the
public hearing. The Village must prove its case by a preponderance
of the evidence.
E.
After both parties have presented their respective
cases, the Village Board shall decide the case. Such decision shall
be in writing and shall be filed with the Village Clerk and mailed
to the property owner at his or her last known residence address within
five days of the date of the public hearing. The decision shall be
made by a simple majority of the Village Board.
F.
Failure of the property owner to appear, either in
person or by representative, at the date and time specified for a
public hearing shall not prevent the Village from rendering a decision.
In the event of the refusal or neglect of the
person so notified to comply with said order of the Village Board
and after the hearing, the Village Board shall provide for the repair,
vacating, securing or demolition and removal, as the case may be,
of such building or property, either by Village employees or by contract.
Except in emergency cases as provided for herein, any contract for
repair, securing or demolition and removal, as the case may be, shall
be awarded in accordance with the provisions of the General Municipal
Law of the State of New York.
[Amended 7-16-2008 by L.L. No.
4-2008]
If the property has not been brought into compliance
30 days after the first certified notice by the Code Enforcement Officer
to bring the property into compliance, the property owner or owners
or agents shall be subject to fines in the amount of $500 per week
until the property has been brought into compliance. Any unpaid fines
within a twelve-month period shall be levied onto the property taxes.
All expenses incurred by the Village in connection
with the proceedings to repair and secure or demolish and remove the
unsafe building or property, including the cost of actually removing
such building or correcting such condition or nuisance or repairing
the same, shall be assessed against the land on which such building
or condition or nuisance is located and shall be levied and collected
in the same manner as provided for in the Village Law for the levy
and collection of Village taxes or special ad valorem levies.
[Amended 7-16-2008 by L.L. No.
4-2008]
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 condition or nuisance is immediately repaired and secured or demolished, the Village Board may, by resolution, authorize the Code Enforcement Officer to order immediately the repair, vacating, securing or demolition of such unsafe building or correction of such condition (nuisance). The expenses of such repair, vacating, securing or demolition or correction of such condition (nuisance) shall be charged against the land on which it is located and shall be assessed, levied and collected as provided for under § 225-13 of this chapter.
No officer, agent or employee of the Village
shall render himself personally liable for any damage that may occur
to persons or property as a result of any act required or permitted
in the discharge of his duties under this chapter. Any suit brought
against any officer or employee of the Village as a result of any
act required or permitted in the discharge of his duties under this
chapter shall be defended by the Village Attorney until the final
determination of the proceedings thereon.[1]
