Village of Elmira Heights, NY Chapter 119 Buildings, Unsafe

[HISTORY: Adopted by the Board of Trustees of the Village of Elmira Heights 10-18-1984 by L.L. No. 6-1984 as Secs. 5.2, 5.3 and 5.4 of the 1984 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Code enforcement — See Ch. 18.

Numbering of buildings — See Ch. 116.

§ 119-1 Structures, premises and yards deemed unsafe; responsibility of owner.

All structures, premises or yards shall be free from loose, unsecured or improperly secured objects and materials, and the owner or responsible person in charge of a vacated structure or other structure, premises or yards shall take necessary steps and perform such acts as may be required from time to time to ensure that such structures, premises or yards shall remain safe and secure and shall not present a hazard to adjoining property or to the public. All such structures, premises or yards and structures which are unfit for human habitation or occupancy or structures which are dangerous or unsafe and structures which contain dangerous conditions or materials as defined by the applicable codes and ordinances of the village are hereby declared to be a public nuisance, and the continued maintenance of such conditions shall be a violation of this chapter.

§ 119-2 Notice to repair, vacate or demolish unsafe structure; contents of notice.

A. General procedure and notice. The Code Enforcement Officer shall, as set forth in Chapter 18, Code Enforcement, give notice and order the responsible owner, operator, occupant or person in charge of the structure or premises which are dangerous, unsafe or unfit for human habitation or occupancy to vacate, repair, secure and/or demolish said structure and to remove the public nuisance as provided for in this chapter and in the applicable codes and ordinances of the village in accordance with the laws of the State of New York.

B. Notice for unsafe buildings or structures.

(1) If the notice concerns an unsafe building or structure, said notice shall state that in the event that the notice and order is not complied with, a survey and report shall be made by the Code Enforcement Officer and a practical builder, engineer or architect named by the Board of Trustees and by a practical builder, engineer or architect appointed by the person served, and in the event of the failure or neglect of the person so notified to appoint such a surveyor within 10 days of the termination of the time stated and the notice to comply, then the other two surveyors named shall make the survey and report.

(2) The notice shall further state that in the event that such a notice and order is not complied with and such building or other structure shall be reported unsafe or dangerous under such survey, an application will be made at a special term of the Supreme Court in the Sixth Judicial District not less than five days nor more than 10 days thereafter for an order determining the structure to be a public nuisance and directing that it shall be vacated, repaired, secured and/or demolished so as to remove the public nuisance.

§ 119-3 Failure to comply; action by village.

A. If a dangerous or unsafe building or structure is not vacated, repaired, secured and/or demolished in accordance with the notice and order, then a survey and report shall be made to the Board of Trustees pursuant to § 119-2B above and a copy posted on the affected building or structure. The practical builder, engineer or architect designated by the village to make the survey and report shall be compensated at the rate to be set by the Board of Trustees at the time of his or her appointment.

B. An application shall also be made to the Supreme Court as set forth in § 119-2B above by the village. If the Supreme Court shall direct that the building or structure shall be vacated, repaired, secured and/or demolished by the village, then the Code Enforcement Officer shall cause the same to be done at the expense of the village.

C. Nothing under this section shall preclude the Code Enforcement Officer, with the approval of the Zoning Board of Appeals, from taking more immediate action in the case of a special emergency or condition which presents imminent threat to the public safety.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 119-4 Recovery of expenses.

All expenses incurred by the village for the survey of premises, application to the Supreme Court and the repair and securing or taking down and removing of a building or structure or the correction of any other condition violating this chapter or the applicable codes and ordinances shall be audited and paid by the village, and the village may sue the owner or other persons served who have an interest in the subject premises to recover such expenses, and such expenses shall also be added as ad valorem charges by assessment, and the same shall remain a lien upon such premises until paid. In addition, the village may bring a civil action to recover all said expenses.

§ 119-5 Penalties for offenses. [1]

Any person who fails to correct a violation or take a remedial action as ordered by the Code Enforcement Officer or who violates a provision or fails to comply with any requirements of this chapter or of any of the other applicable codes or ordinances shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 119-6 Additional remedies.

The imposition of the penalties herein prescribed shall not preclude the attorney representing the village from initiating and he is hereby ordered to initiate appropriate actions or proceedings at law or in equity to effect the purposes of this chapter.