[Amended 6-5-2013 by Ord. No. 2013-15[1]]
A.
The Director of Planning and Development or designee may order any
building which, in his/her opinion, is unsafe or is not provided with
sufficient means of egress or exits to be vacated forthwith.
B.
All buildings or structures or portions of buildings or portions
of structures which are structurally unsafe, unsanitary or which constitute
a fire hazard or are otherwise dangerous to human life or which, in
relation to existing uses, constitute a hazard to safety or health
by reason of inadequate maintenance, dilapidation, obsolescence or
abandonment are severally, for the purpose of this article, unsafe
buildings. All such unsafe buildings are hereby declared to be illegal
and shall be abated by repair or demolition in accordance with the
procedure of this article. The Director of Planning and Development
or designee has the authority to order a building or structure or
portion of a building or portion of a structure to be demolished rather
than repaired.
C.
The Director of Planning and Development or designee, after consulting
with the City Forester, has the authority to order a tree or trees
or parts of a tree or trees to be removed if the tree is dead or parts
of the tree are dead and any branches or parts of the tree have fallen
or are falling constituting a hazard to any building or structure
or person.
D.
Whenever the Director of Planning and Development or designee shall
find any building, structure or portion thereof to be unsafe, as defined
in this article, the Director of Planning and Development or designee
shall cause service of notice upon the owner and all other persons
having any interest in such property upon which the unsafe building
is located, either personally or by registered mail, addressed to
his/her last known address as shown by the records of the Assessor's
office of the City and/or in the office of the County Clerk, containing
a description of the premises, a statement of the particulars in which
the building or structure is unsafe or dangerous and an order of the
Director of Planning and Development or designee requiring the same
to be repaired or removed; and if such service is made by registered
mail, the Director of Planning and Development or designee shall cause
the posting of a copy of such notice on the premises.
(1)
If the Director of Planning and Development or designee finds that
there is actual and immediate danger of failure or collapse so as
to endanger life, such notice shall also require the building, structure
or portion thereof to be vacated forthwith and not reoccupied until
the specific repairs and improvements are completed, inspected and
approved by the Director of Planning and Development or designee.
(a)
The Director of Planning and Development or designee shall cause
to be posted at each entrance to such building a notice: "THIS BUILDING
IS UNSAFE AND ITS USE AND OCCUPANCY HAS BEEN PROHIBITED BY THE DIRECTOR
OF PLANNING AND DEVELOPMENT OF THE CITY OF ITHACA, NEW YORK OR HIS/HER
DESIGNEE. IT SHALL BE UNLAWFUL FOR ANY PERSON TO REMOVE, DEFACE OR
DESTROY THIS NOTICE WITHOUT PERMISSION FROM THE DIRECTOR OF PLANNING
AND DEVELOPMENT OR HIS/HER DESIGNEE."
(b)
Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or servants to remove such notice without written permission of the Director of Planning and Development or his/her designee, or for any person to enter the building except for the purpose of making the required repairs or of demolishing said building. The owner of the subject building or structure shall be responsible for obtaining the requisite permit pursuant to § 146-5 before commencing the repairs or demolition.
(2)
In cases of emergency which, in the opinion of the Director of Planning
and Development or his/her designee, involve imminent danger to human
life or health, he/she shall promptly cause such building, structure
or portion thereof to be made safe or removed. For this purpose, the
Director of Planning and Development or his/her designee may at once
enter such structure or land on which it stands, or abutting land
or structure, with such assistance and at such cost as may be necessary.
The Director of Planning and Development or his/her designee may order
that adjacent structures be vacated and may protect the public by
appropriate barricades or such other means as may be necessary and
for this purpose may close a public or private way.
E.
The notice shall contain the time within which the owner so served
shall commence the repair or removal of such unsafe building.
F.
The notice may also be filed in the office of the County Clerk, which
notice shall be filed by the Clerk in the same manner as a notice
of tendency pursuant to Article 65 of the Civil Practice Law and Rules
and shall have the same effect as a notice of tendency as therein
provided, except as otherwise hereinafter provided in this subsection.
A notice so filed shall be effective for a period of one year from
the date of filing; provided, however, that it may be vacated upon
the order of a judge or justice of a court of record or upon the consent
of the City Attorney. The County Clerk shall mark such notice and
any record or docket thereof as canceled of record upon the presentation
and filing of such consent or of a certified copy of such order.
G.
The notice shall further contain a statement that a hearing can be
requested in writing to the Director of Planning and Development within
five business days of receipt of the notice.
H.
If a hearing is requested, the same shall be held before the Building
Code Board of Appeals not less than two weeks nor more than four weeks
after the request for a hearing is received. The person requesting
the hearing shall be notified in writing at least seven days prior
to the hearing of the time and place of the hearing.
I.
In the event that a hearing is held or if the owner does not appear
and it is determined by the Building Code Board of Appeals that there
is an unsafe building located upon the premises and the owner fails
to commence the repair or removal of the unsafe building within the
time specified in the notice of determination, the Director of Planning
and Development shall notify the Superintendent of Public Works that
the owner has failed or refuses to repair or remove the unsafe building
within the time provided.
J.
Removal or repair by City; costs. Upon notification that the owner
has failed or refuses to repair the unsafe building, the Superintendent
of Public Works shall cause the repair or removal of the unsafe building.
After the work has been completed, the Superintendent of Public Works
shall file in the office of the City Chamberlain a verified statement
of all the direct costs of the same, together with a charge of 50%
in addition thereto as compensation to the City for administering,
supervising and handling said work.
K.
Assessment and lien. Upon receipt of the verified statement, the
City Chamberlain shall enter the same in his/her records as a lien
against the premises and shall add the same to the next assessment
roll of general City taxes and shall collect and enforce the assessment
in the same manner by the same proceedings, at the same time and under
the same penalties as the general City tax and as a part thereof,
except that, in addition to the penalties heretofore stated, interest
shall accrue from the date of filing to the date of actual payment
at 12% per annum.
L.
Other remedies. Notwithstanding any provision herein to the contrary,
the City may, at its election, institute suit against the owner of
said premises for the direct costs, together with a charge of 50%
in addition thereto as compensation to the City for administering,
supervising and handling said work, and enter judgment thereon against
the owner personally for the aforesaid amount. The imposition and
collection of any fine or penalty hereinafter prescribed shall not
bar the right of the City to collect the cost of the removal or repair
of any unsafe building as herein prescribed.
M.
Completion of work within reasonable time. The failure of the owner
to complete the repairs or to remove the unsafe building within a
reasonable time after due notice shall subject the owner to the same
procedure and penalties as herein set forth.
N.
Transfer of title. The transfer of title by the owner of premises
upon which an unsafe building is located shall be no defense to any
proceedings under this chapter.
O.
Once a building has been deemed unsafe, the property owner shall prevent any person access to or the right to reside in such a building, whether or not for consideration. Once a building has been deemed unsafe, the property owner shall prevent any access inside the building except for purposes related to repair or demolition of the building, except with the written permission of the Director of Planning and Development or designee. The property owner shall be presumed to be aware of access to or occupancy of the building. Violations of this section shall be subject to the penalty provided for failure to comply with a written order of the Director of Planning and Development in § 146-50 herein.
[Added 3-6-2019 by Ord.
No. 2019-07]
P.
After a building has been declared unsafe by the Director of Planning
and Development, renting to any tenant is prohibited. Any person,
including property owner, landlord, or property manager who rents
to a tenant any part of an unsafe building shall be guilty of a misdemeanor
and, on conviction thereof, shall be fined in an amount not to exceed
$500, and not less than $250 for each violation, or imprisonment of
not more than 30 days, or both. Each day of rental shall be deemed
a separate violation. It shall be a separate violation for each tenant
to whom any person is renting any part of an unsafe building.
[Added 3-6-2019 by Ord.
No. 2019-07]
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
A.
There shall be a Building Code Board of Appeals consisting
of three members to be appointed by the Mayor with the approval of
the Common Council for terms of three years each. This Board shall
be composed of one general contractor, one registered architect and
one licensed professional engineer. No member of the Board of Appeals
shall sit in any case in which he/she has a personal interest; and
in any such case, the Mayor shall appoint a substitute for such interested
member.
B.
Any person ordered to repair, remove or vacate a building
and who is in disagreement with the judgment of the Director of Planning
and Development or designee may appeal to the Building Code Board
of Appeals, provided that a written statement setting forth the reasons
for such appeal is filed with the Secretary of the Board within five
business days of the service of the order upon such person. The Director
of Planning and Development or designee shall notify such person of
this right to appeal and of this five-business-day time limitation.
Upon receipt of such appeal, the Board shall hold a hearing within
30 days and, after review of all evidence, shall affirm, modify or
annul the action of the Director of Planning and Development or designee.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
A.
Before
the demolition or removal of any building or structure is begun, a
verified application shall be prepared by the owner, architect, builder
or contractor, on appropriate blanks furnished by the Director of
Code Enforcement, containing a statement of the facts in relation
thereto and as to the location and ownership thereof. The application
shall be filed with the Director of Code Enforcement at least 10 working
days before the proposed demolition, except in the case of buildings
previously declared to be hazardous or unsafe. The Director of Code
Enforcement shall notify the Department of Planning and Development
and the Landmarks Preservation Commission of all requests for demolition
permits immediately upon official receipt of such request and at least
five working days before issuing the required written permit for the
demolition of any building or structure. The official requirement
for a ten-day delay may be waived by both the Department of Planning
and Development and the Landmarks Preservation Commission by written
notice to the Director of Code Enforcement. Such permit shall expire
by limitation two months from the date of its issuance.
B.
Before
any permit is issued granting authority to wreck a building or structure
for which such permit is required, the person, firm or corporation
engaged in the work of wrecking the same shall file, when required
by the Director of Code Enforcement, a bond or public liability insurance
continuing a personal injury and property damage provision, which
bond or insurance policy shall be approved by the City Attorney, to
indemnify, keep and save harmless the City against any loss, cost,
damage, expense, judgment or liability of any kind whatsoever which
may accrue against or be charged to or recovered from said City or
any of its officials from or by reason of or on account of accidents
to persons or property during any such wrecking operations and from
or by reason of or on account of anything done under or by virtue
of any permit granted for any such wrecking operations.
C.
Said bond
or public liability insurance shall be in amounts to be determined
by the Director of Code Enforcement, who may require additional sums
as protection for the City as may be necessary from time to time thereafter.
D.
In demolishing
any building or structure or part thereof, story after story shall
be completely removed. No material shall be placed upon a floor of
any building in the course of demolition, and the bricks, timbers
and other parts of each story shall be lowered to the ground immediately
upon displacement. The material to be removed shall be properly wet
to lay the dust incident to its removal.
E.
When any
building or structure over 40 feet in height is demolished, a shed
or other protection may be required by the Director of Code Enforcement.
F.
Furthermore,
before any permit is issued as aforesaid, the Director of Code Enforcement
shall determine the reasonable time required for the demolition or
removal of the building or structure involved, and the permit shall
be issued on the condition that demolition or removal is completed
within the time limitation specified; and the contractor shall be
required to provide security, in the form of a surety bond or certified
check, to insure compliance with the time limitation as set by the
Director of Code Enforcement, in amounts to be determined by the Director
of Code Enforcement and in a form to be approved by the City Attorney.
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
