[HISTORY: Adopted by the Rochester City Council
9-21-1993 by Ord. No. 93-311. Amendments noted where applicable.]
GENERAL REFERENCES
Department of Assessment — See Ch. 2.
Local method of assessment — See Ch. 3.
Purchasing and property management — See Ch. 8A.
Real estate — See Ch. 21.
Building code — See Ch. 39.
Building construction: plumbing — See Ch. 40.
Enforcement procedures — See Ch. 52.
Fire prevention code — See Ch. 54.
Health and sanitation — See Ch. 59.
Junkyard operators — See Ch. 66.
Littering — See Ch. 69.
Care of property — See Ch. 89.
Property code — See Ch. 90.
Zoning — See Ch. 120.
A.
It is the purpose of this chapter to protect the public
health, safety and welfare with respect to the demolition of structures
located in the City of Rochester; to protect structures of special
value to the community; and to enhance the visual environment of the
City by regulating total and partial demolition of structures in the
City of Rochester.
B.
In relation to this purpose, the chapter is intended
to:
(1)
Protect people and properties from unsafe demolition
practices and exposure to hazardous substances or unsafe situations
occurring before, during or after demolition.
(2)
Protect and preserve those structures of special historic,
aesthetic, cultural or economic value.
(3)
Ensure that, after demolition, sites are developed
and maintained to give an attractive appearance.
(4)
Ensure that development proposals that include demolition
of structures are consistent with City policies regarding land use,
visual character, health and safety.
This chapter shall be known as the "Demolition
Regulation Ordinance of the City of Rochester."
All demolition activities requiring a building permit pursuant to Chapter 39 of the Municipal Code shall be in conformance with the provisions set forth herein.
Where this chapter imposes greater restrictions
than are imposed by the provision of any law, ordinance, regulation
or private agreement, this chapter shall control. Where greater restrictions
are imposed by any law, ordinance or regulation than are imposed by
this chapter, such greater restrictions shall control.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
The Commissioner of Neighborhood and Business Development
of the City or his or her duly authorized representative.
[Amended 6-16-2009 by Ord. No. 2009-179]
The razing, disassembly or removal of:
The condition when a building or structure is an imminent
danger to life, health or safety as a result of structural instability,
fire or any other dangerous or hazardous situations or as a result
of substantial violations of any code, ordinance or regulation enforced
by the Department of Neighborhood and Business Development of the
City of Rochester.
[Amended 6-16-2009 by Ord. No. 2009-179]
A substance that:
Because of its quantity, concentration or physical,
chemical or infectious characteristics causes physical injury or illness
when improperly treated, stored, transported, disposed of or otherwise
managed.
Poses a present or potential hazard to the environment
when improperly treated, stored, transported, disposed of or otherwise
managed.
Because of its toxicity or concentration within
biological chains, presents a demonstrated threat to biological life
cycles when discharged into the environment.
Is a hazardous substance as defined under the
Comprehensive Environmental Response, Compensation and Liability Act
of 1980, as amended (42 U.S.C. § 9601 et seq.).
A building permit for demolition, pursuant to Chapter 39 of the Municipal Code.
Anything constructed or erected, the use of which requires
permanent location on the ground, or anything attached to something
having a permanent location on the ground, but not including paving
or surfacing of the ground.
A.
Before any demolition activity is commenced, a demolition permit application shall have been filed with the Commissioner, and this application shall have been approved and a building permit shall have been granted pursuant to the provisions of this chapter and of Chapter 39 of the Municipal Code.
B.
A demolition permit application may be filed by a
property owner(s) or his or her agent(s) or a demolition contractor(s)
employed by the City of Rochester in accordance with an order for
demolition pursuant to §§ 90-27 and 47A-16.
C.
At the time of filing a demolition permit application, a permit fee, as established in § 39-221G of the Building Code, shall be made payable to the City Treasurer.
D.
In addition to any other fee or penalty, the Commissioner
shall have the authority to charge a fee equal to the actual costs
to the City of any special activity, including but not limited to
inspection, investigation and/or monitoring, whether by City employees
or paid consultants, deemed necessary to protect the public health,
safety and welfare from any exposure to any hazardous substance or
unsafe situation that could result from the proposed demolition. The
owner shall be notified in writing, by first-class mail with delivery
confirmation at the address provided in the application, in advance
of any special activity which may cause such fee to be assessed; shall
be provided with a written estimate of the amount of the fee; and
shall be permitted to withdraw the demolition application from consideration.
[Amended 6-16-2009 by Ord. No. 2009-176]
E.
If the application is withdrawn prior to the commencement of the special activity, no fee pursuant to this section shall be charged. If the application is not withdrawn within 15 days from receipt of the notice of the proposed special activity, the estimate of the amount of the fee and the option to withdraw the application, then the City may proceed with the special activity. The applicant shall pay the fee before a permit is issued or, if such permit has already been issued, the applicant shall pay the fee before a letter of completion is issued by the Commissioner. The applicant shall be liable for the full fee, representing the actual cost to the City of any special activity as described above, even if such fee shall exceed the written estimate. Such costs shall also be a lien upon the property from the first day the costs are billed to the owner. Such costs shall be assessed and billed to the owner as set forth in § 6-92 of the City Charter, shall be subject to late payment charges as set forth in § 6-93 of the City Charter and may be added to the subject property tax bill as set forth in § 6-94 of the City Charter.
F.
The Commissioner shall have the authority to grant
or deny all permits pursuant to this chapter. In granting a permit
for demolition, the Commissioner may attach such conditions as are
deemed necessary to assure compliance with the provisions of this
chapter.
G.
Prior to granting a permit for demolition, the Commissioner
shall determine that the request is consistent with the purpose and
standards set forth in this chapter.
H.
No permit for demolition shall be granted unless applicable requirements of Chapter 39, the Building Code, have been satisfied.
I.
Prior to the issuance of any building permit for demolition,
the applicant shall provide proof, satisfactory to the Commissioner,
that a comprehensive liability policy exists which covers the demolition
work. The Director of Finance shall establish minimum limits of insurance
and may require that the City be named as an additional insured.
J.
For all demolition activity requiring a plumbing permit,
no permit for demolition shall be granted unless such plumbing permit
has been issued.
K.
For all demolition activity requiring a water cutoff
permit, no permit for demolition shall be granted unless such water
cutoff permit has been issued.
L.
Prior to the issuance of any permit for demolition,
the applicant shall provide proof, satisfactory to the Commissioner,
that all rodents at the subject property have been exterminated.
M.
Modifications of the terms of approved applications
or permits shall follow the same application, review and approval
procedures as those set forth in this section for the original permit.
N.
The Commissioner may order inspection of sites to
be conducted as frequently as necessary to assure compliance with
the terms of approved permits and the provisions of this chapter and
may issue written notification of any violations of these terms or
provisions.
A.
A request for a permit for demolition activity shall
be initiated by filing with the Commissioner a demolition permit application.
The Commissioner may require that additional copies of the application
be filed and may modify the requirements concerning materials to accompany
the application by waiving or adding such requirements as is deemed
necessary to determine the effect of the demolition on the environment
and as is deemed appropriate to the nature and scope of the proposed
activities. The Commissioner may require the applicant(s) to submit
amended application materials if those submitted are deemed to be
of insufficient scale or quality or not to meet the standards of this
section.
B.
Permit application data required. Except for modifications
authorized or required by the Commissioner, the plans and specifications
accompanying the demolition application shall contain the following
data:
(1)
The applicant's name and address and his or her interest
in the property.
(2)
The owner's name and address, if different from the
applicant, and the owner's signed consent to the filing of the application.
(3)
The street address, parcel identifier number or legal
description of the property.
(4)
The zoning classification and present use of the subject
property.
(5)
A description of the proposed demolition activity
and of subsequent development plans for the property.
(6)
Identification of all structures, sites or properties
of historic or archaeological significance to be affected by the proposal,
including but not limited to the following:
(a)
All buildings, structures, landscapes, sites, objects or properties which are local landmarks or are located within a Preservation District designated pursuant to Chapter 120 of the Municipal Code, Zoning Code.
[Amended 11-19-2002 by Ord. No. 2002-354]
(b)
All buildings, structures, landscapes, sites,
objects or district properties listed on or determined eligible for
listing on the National Register of Historic Places, pursuant to the
provisions of the National Historic Preservation Act of 1966, as amended,
and its implementing regulations.
(c)
All buildings, structures, landscapes, sites,
objects or district properties listed on or determined eligible for
listing on the State Register of Historic Places, pursuant to the
provisions of the New York State Historic Preservation Act of 1980,
as amended, and its implementing regulations.
(d)
All buildings, structures, landscapes, sites,
objects or district properties which have been identified by the Commissioner
as potentially eligible for listing on the National and State Registers
of Historic Places.
(7)
Identification of all hazardous substances to which
people or properties may be exposed before, during or after the proposed
demolition activity.
(8)
A hazardous substances abatement and disposal plan,
if applicable, including copies of any required state or federal certifications.
(9)
An asbestos survey performed pursuant to New York
State Industrial Code Rule 56 (12 NYCRR 56), if required by Code Rule
56.
(10)
A building materials disposal plan, including proof
of authorization to dispose of the full quantity of material.
(11)
A site plan at the scale of one inch to fifty feet
(1" = 50') or at the scale of one inch to twenty feet (1" = 20') illustrating
the following at the time of the application:
(a)
The boundary lines and dimensions of the subject
property; existing subdivision lots; available utilities; and easements,
roadways, rail lines, areaways, vaults, tunnels, bridges, survey monuments
and public rights-of-way crossing and adjacent to the subject property.
(b)
All significant natural, topographical or physical
features of the property and adjacent or crossing public rights-of-way,
including, at least, watercourses, marshes, trees in excess of four
inches in diameter and existing contours in excess of four feet in
100 feet.
(c)
The location, size, use and arrangement of all
structures on the property.
(d)
Identification of each structure on the property
to be affected by the proposed demolition, annotated with the height
in stories and feet and the total floor area of each such structure.
(e)
Minimum distances between the structure(s) and
the lot lines.
(f)
The location and dimensions of all vehicular
and pedestrian circulation elements, including streets and roadways,
driveways, entrances, curbs, curb cuts, parking stalls, loading spaces
and access aisles; and sidewalks, walkways and pathways.
(g)
All surface and subsurface drainage facilities.
(12)
Clear photographs of all exterior elevations of each
structure to be demolished or to be affected by the proposed demolition
and photographs showing the condition of public rights-of-way crossing
and adjacent to the subject property that might be affected by the
proposed demolition.
(13)
A site plan at the scale of one inch to fifty feet
(1" = 50') or at the scale of one inch to twenty feet (1" = 20') illustrating
the site once the proposed demolition and subsequent project improvements
are completed, which shall include:
(a)
The boundary lines and dimensions of the subject
property; subdivision lots; utilities; and easements, roadways, rail
lines, areaways, vaults, tunnels, bridges, survey monuments and public
rights-of-way crossing and adjacent to the subject property.
(b)
Any proposed regarding of the subject property
and adjacent or crossing public rights-of-way as well as all significant
natural, topographical or physical features, including, at least,
watercourses, marshes, trees in excess of four inches in diameter
and existing contours in excess of four feet in 100 feet.
(c)
The location, size, use and arrangement of all
remaining and proposed structures on the property.
(d)
Minimum distances between the structure(s) and
the lot lines.
(e)
The location and dimensions of all vehicular
and pedestrian circulation elements, including streets and roadways,
driveways, entrances, curbs, curb cuts, parking stalls, loading spaces
and access aisles; and sidewalks, walkways and pathways.
(f)
All remaining and proposed surface and subsurface
drainage facilities.
(g)
Proposed landscaping, including the type, location
and quantity of all plant materials, location and height of fences
or screen plantings and the type or kind of building materials or
plantings to be used for fencing or screening.
(h)
Identification of all walls or structural features
to become exposed as a result of the proposed demolition.
(i)
The location, designation and total area of
all usable open space and the extent to which it is to be improved.
(j)
The location, size and arrangement of all outdoor
signs and lighting.
(k)
The location of any proposed outdoor storage
of trash, along with the type and number of storage containers as
well as evidence as to how the storage area and/or containers will
be screened from view from adjoining properties or streets when viewed
from ground level.
(14)
For each wall or structural feature to become exposed
as a result of the demolition, the following information:
(a)
Plans, specifications and elevations showing
proposed treatment of the surface of the wall to be exposed, including
any necessary structural or aesthetic modifications.
(b)
A written statement of a New York State licensed
professional engineer or a New York State licensed registered architect
as to the structural stability and integrity of the wall or structural
feature if the demolition and subsequent treatment is completed as
proposed.
(15)
Elevations of all structures proposed to be constructed
on the site.
(16)
A time schedule indicating when major phases of the
proposed project are to be initiated and completed.
(17)
Where demolition activities encroach into the public
right-of-way, a permit for work in the right-of-way. Permit requirements
include a plan approved by the City Engineer for maintaining and protecting
pedestrian and vehicular traffic and that specifies the location of
equipment and schedule of activity. The City Engineer is authorized
to waive permit fees for work being done as part of the demolition
of City-owned structures.
[Amended 6-20-2006 by Ord. No. 2006-195]
The Commissioner shall issue written findings
setting forth the manner in which any disapproved application fails
to comply with the standards listed below. The Commissioner shall
not approve demolition applications submitted pursuant to this chapter
unless the application complies with all of the following standards:
A.
The application is complete and does not contain or
reveal any violation of this chapter or other applicable regulations
which the applicant has, after written request, failed or refused
to supply or correct.
B.
The proposed development that includes demolition
does not unnecessarily endanger the safety, health or welfare of persons
who live, work or recreate in the City by exposing or increasing the
chance of exposure of persons to hazardous substances or unsafe structures
or situations.
C.
The proposed development that includes demolition
does not unnecessarily destroy, damage, detrimentally modify or interfere
with the enjoyment of significant natural, physical, historic, cultural
or educational features on or off the site.
D.
The proposed development that includes demolition
does not conflict with, or hinder the implementation of, provisions
of the Comprehensive Plan or of other adopted plans or policies of
the City.
A.
After the approval of the application and before the issuance of any permit, the demolition contractor shall file with the Commissioner one of the following performance guaranties in a total amount equal to the estimated cost of the demolition activities. The minimum amount of the performance guaranty filed by the demolition contractor shall be $1,000, even if that amount is greater than the estimated cost of the demolition activities. The estimated cost of demolition activities shall include the costs of hazardous substances removal and disposal and the costs of meeting the minimum site restoration and design standards specified in § 47A-12. The performance guaranties shall be in favor of the City and shall be unconditional and irrevocable until a certification of completion shall have been issued by the Commissioner. The performance guaranty shall be:
(1)
A performance bond which shall be satisfactory to
the Director of Finance as to form, sufficiency, manner of execution,
surety and period of execution;
(2)
A letter of credit from a financial institution, the
terms of which are approved by the Director of Finance; or
(3)
Similar security acceptable to the Director of Finance.
B.
Prior to the issuance of any permit, the owner shall submit a fully executed agreement, in a form provided by the City, which shall permit the City to enter the subject property and to perform any work required under the performance guaranty, subject to the requirements of § 47A-9C. The agreement shall be irrevocable until a letter of completion is issued by the Commissioner.
C.
Should the owner fail to have the required actions
or improvements performed within the agreed period of time, the Commissioner
shall issue a written notice of such failure to the owner. It shall
be sufficient service of such notice if it is mailed to the owner
at the address provided in the application. If the owner fails to
perform the required actions or improvements within 15 days of the
issuance of such notice, the Commissioner is authorized to draw upon
the bond, letter of credit or other approved security as may be necessary
to cover the costs to the City to perform work which the owner failed
to have performed. The owner may request a hearing before the Commissioner
within five business days from the issuance of the notice. The hearing
will be held before the expiration of the fifteen-day notice period.
D.
If the owner is unable to have the work completed
within the specified time, he or she may, at least 10 days prior to
the expiration of the permit, present in writing to the Commissioner
a request for an extension of time setting forth the reasons for the
requested extension. The Commissioner is authorized to grant additional
time for the completion of the work. In the event that the performance
guaranty will expire during the requested extension period, the contractor
shall secure and furnish evidence of an extension of said performance
guaranty.
E.
The Commissioner may grant a waiver of such guaranty
if he or she deems the proposed activities to be of minor scope and
to be consistent with the provisions of this chapter or such a guaranty
has already been made to the City for a more comprehensive project
which is inclusive of the requirement determined necessary pursuant
to this chapter.
A.
The Commissioner shall have the power to vary or modify,
in whole or in part, any provision or requirement of this chapter
in cases where strict compliance with such provision or requirement
would entail practical difficulties or unnecessary hardship or would
otherwise be unwarranted; provided, however, that any such variance
or modification will not have a substantially adverse effect on provisions
for health and safety and that equally safe and proper alternatives
are prescribed.
B.
When approving an application to vary or modify a
provision or requirement of this chapter, the Commissioner shall apply
the following criteria and shall find that strict compliance with
the provision or requirement:
(1)
Would create an undue economic burden.
(2)
Would not achieve its intended objective.
(3)
Would be physically impossible.
(4)
Would be unnecessary in light of alternatives which
ensure the achievement of the intended objective or which, without
affecting health or safety, achieve the intended objective more efficiently,
effectively or economically.
(5)
Would entail a change so slight as to produce a negligible
additional benefit consonant with the purposes of this chapter.
C.
The Commissioner will conduct a hearing and render a written decision within 21 days of receipt of a complete written application to vary or modify a provision or requirement of this chapter. The Commissioner's decision shall include findings setting forth, in writing, the basis for that determination and conclusions, citing the manner in which the application meets or fails to meet the criteria of Subsection B of this section. Failure of the Commissioner to act on the application within such time period shall be deemed a denial of the application. Notice of the decision shall be mailed to the applicant within seven days following the decision or denial resulting from a failure to act. The Commissioner's decision, or denial resulting from a failure to act, shall be a final determination for purposes of judicial review pursuant to Civil Practice Law and Rules § 7803, Subdivision 4.
In order to protect the public and adjacent
public and private properties, all demolition activities shall be
undertaken in accordance with standards prescribed by the Commissioner,
the Standard Specifications and General Conditions for Demolition
on file with the City of Rochester Bureau of Purchasing and Work Within
the Right-of-Way Specifications on file with the City of Rochester
Department of Environmental Services Engineering Permit Office.
A.
B.
If the project area includes any areaway or vault
under a public sidewalk or street and reuse of the areaway or vault
is not part of the approved development plan, such areaway or vault
shall be backfilled and abandoned in accordance with standards prescribed
by the City Engineer.
C.
All areas of excavation shall be filled and all affected
surface areas shall be graded, in accordance with standards prescribed
by the Commissioner.
D.
All grading plans and specifications, including extensions
of previously approved plans, shall include provisions for erosion
and sediment control designed and implemented in accordance with standards
prescribed by the Commissioner.
E.
Unless the time schedule for the proposed project
includes construction activity on the site of any proposed demolition
to begin within six months of such demolition and such construction
is in fact undertaken and diligently pursued within this time period,
the site shall be landscaped as follows:
[Amended 11-19-2002 by Ord. No. 2002-354]
F.
Any wall or other structural feature exposed to the
elements as a result of the demolition shall be stable and shall withstand
such exposure to the elements.
G.
All walls or other parts of any structure exposed
to the elements as a result of the demolition, and which are owned
by the owner of the property on which the demolition took place, shall
be resurfaced and/or painted.
A.
The requirements of this chapter shall be enforced
by the Commissioner. The Commissioner or his or her designee may cause
the subject structure or property to be inspected as often as necessary
to determine whether the demolition and subsequent development work
is proceeding or has been completed in compliance with the approved
application.
B.
The Commissioner or a duly authorized agent may enter
at all reasonable times in or upon any private or public property
for the purpose of inspecting and investigating conditions and practices
which may be a violation of this chapter and shall seek warrants where
such are constitutionally required.
Upon satisfactory execution of all approved
work pursuant to this chapter, the Commissioner shall issue a certification
of completion. If the Commissioner finds any existing conditions not
as stated in any application or approved plan, the Commissioner may
refuse to approve further work until such conditions are made to conform
with approved plans.
A.
Violations of this chapter shall be subject to the provisions of §§ 39-211, Stop-work orders, 39-225, Penalties for offenses, and 104-26, Jurisdiction and penalties, of the Municipal Code.
B.
If there is any damage as a result of a violation of this chapter or if any soil, liquid, debris or any other substance is caused to be deposited upon or to roll, flow, wash or in any manner to be released upon any public or private property or right-of-way in violation of this chapter, the owner shall be notified in writing at the address provided in the application and shall cause the same to be removed from such property or way within 36 hours of the issuance of the notice. In the event of an immediate danger to the public health or safety, notice shall be given where practicable by the most expeditious means and the violation shall be remedied immediately. In the event that the violation is not so remedied, the City shall cause such violation to be remedied. The cost of such work shall be a personal liability of the owner, and the Commissioner shall bill the owner therefor. Such costs shall also be a lien upon the property from the first day the costs are billed to the owner. Such costs shall be assessed and billed to the owner as set forth in § 6-92 of the City Charter, shall be subject to late payment charges as set forth in § 6-93 of the City Charter and may be added to the subject property tax bill as set forth in § 6-94 of the City Charter.
A.
Demolition hearing proceedings.
(1)
Inspection. Upon the receipt of information that a
structure may be unsafe or dangerous to the health, safety or welfare
of the public, or that the building or structure is a public nuisance,
the Commissioner shall cause an inspection to be made, and a report
of that inspection shall be reduced to writing and maintained at the
office of the Commissioner.
[Amended 5-13-1997 by Ord. No. 97-173]
(a)
A structure is unsafe or dangerous when any
of the following conditions exist:
[1]
The building walls or other structures are in
poor structural condition or the floors are overloaded, or there are
other major structural defects.
[2]
The building and its contents constitute a fire
hazard.
[3]
Violations of Chapter 90, the Property Code, exist which are a danger to health, safety and public welfare.
[4]
Other conditions exist which endanger the health,
safety or welfare of the public.
(b)
A structure is a public nuisance when any of
the following conditions exist:
[1]
The building or structure is abandoned. A building or structure is abandoned when it has been vacant for more than a year and the owner has failed to correct violations of Chapter 90, the Property Code, in accordance with a notice or notices of violation issued by the City.
[2]
The building or structure is a blighted premises. A building or structure is a blighted premises when there exists a violation or violations, including continuing violations which are not corrected, involving the building or structure, of any of the provisions of Chapter 90, Property Conservation Code, occurring on four or more occasions within a period of six months, or six or more occasions within a period of 12 months.
[3]
The building or structure is a hazard to the
public health, safety or welfare when it is obsolete, dilapidated,
deteriorated or abandoned and it becomes a place where there are occurrences
of drug offenses, prostitution, gambling and other criminal acts or
Property Conservation Code violations resulting from separate incidents
at a building which accumulate 12 or more points within a period of
six months, or 18 or more points within a period of 12 months, in
accordance with the following point system. Where more than one violation
occurs during a single incident, the total points for the incident
shall be the highest point value assigned to any single violation.
The following violations shall be assigned a point value of six points:
[a]
Article 220 of the Penal Law, Controlled Substances
Offenses.
[b]
Article 221 of the Penal Law, Offenses involving
Marihuana.
[c]
Article 225 of the Penal Law, Gambling Offenses.
[d]
Article 230 of the Penal Law, Prostitution Offenses.
[e]
Sections 165.40, 165.45, 165.50, 165.52 and
165.54 of the Penal Law, regarding criminal possession of stolen property.
(2)
Notice of demolition hearing. If the Inspector believes
that the structure is unsafe or dangerous or a public nuisance, the
Commissioner shall establish a date for a hearing to show cause why
the structure should not be demolished. The Commissioner shall cause
a notice of demolition hearing to be prepared and shall notify the
persons specified below.
[Amended 5-13-1997 by Ord. No. 97-173]
(3)
Hearing notification procedures.
(a)
Mailing. The Commissioner shall cause to be
mailed, by first-class mail, with delivery confirmation, a copy of
the notice of demolition hearing to the owner of the property and
all tenants, mortgagees and other lienors of record. Such notice shall
be mailed to such person's address as appears in the records of the
Bureau of Assessment, and if such address does not appear in the records
of the Bureau of Assessment, then the notice shall be sent to such
person's last known address or place of residence.
[Amended 5-14-1996 by Ord. No. 96-156; 6-16-2009 by Ord. No.
2009-176]
(b)
Posting. The Commissioner shall cause a copy
of the notice of demolition hearing to be posted on the premises involved
at least one day prior to the hearing.
(c)
Publication. The Commissioner shall cause a
notice of demolition hearing to be published in an official newspaper
of the City on three consecutive business days. The last day of publication
shall be not later than one day before the hearing.
(d)
Filing notice of hearing. A copy of the notice
of demolition hearing may be filed in the office of the Monroe County
Clerk, where such notice will be filed by said Clerk in the same manner
as a notice of pendency pursuant to Article 65 of the Civil Practice
Law and Rules and shall have the same effect as a notice of pendency
as therein provided, except as otherwise provided in the 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 consent of the Corporation Counsel or upon the order of a judge
or justice of a court of record. The Clerk of the County of Monroe
shall mark such notice, and any record or docket thereof is canceled
of record upon the presentation for filing of such consent or of a
certified copy of such order.
[Amended 5-13-1997 by Ord. No. 97-173]
(e)
Contents of notice. The notice of hearing shall
contain the following:
[Amended 5-13-1997 by Ord. No. 97-173]
[1]
The name of the last known owner.
[2]
A description of the premises, including the
street address.
[3]
A statement of the particulars relative to the
public nuisance and/or unsafe, hazardous condition of such building
or structure.
[4]
The time and place of the demolition hearing.
[5]
A statement that the City may demolish the property and assess the cost of such demolition and the costs of meeting the minimum site restoration and design standards specified in § 47A-12 of this chapter to the owner.
[7]
A statement that such costs shall also be a
lien upon the property from the first day the costs are billed to
the owner.
(4)
Hearing procedure. The demolition hearing shall be
conducted by a hearing officer appointed by the Commissioner. The
owner and other interested parties may be represented by counsel.
The owner or other interested parties, or their counsel, may cross-examine
the witnesses for the Department, present evidence and call witnesses
in their own behalf. The rules of evidence prevailing in a court of
record shall not be controlling in demolition hearings. The hearing
officer shall render a written decision within 21 days of the conclusion
of the hearing. The hearing officer's decision shall include written
findings which shall refer to the evidence in the record, setting
forth the basis for the decision, and conclusions, citing the specific
determination of the hearing officer. The hearing officer's decision
shall be a final determination for the purposes of judicial review
pursuant to Civil Practice Law and Rules § 7803, Subdivision
4. The decision shall be mailed by First Class mail, postage prepaid,
to the persons and at the addresses specified for the mailing of the
notice of demolition hearing within seven days from issuance of the
decision.
(5)
Hearing records. A record of inspection reports, notices,
orders and hearing findings relative to unsafe or dangerous structures
shall be kept on file in the office of the Commissioner.
B.
Declaration of emergency and order to demolish: imminent
danger.
(1)
The Commissioner shall declare an emergency and shall
order demolition of a structure when an imminent danger exists.
(2)
The Commissioner shall find that an imminent danger
exists when, in his or her opinion, the structure presents a condition
that is of imminent danger or menace to the public health, safety
and welfare. Such determination must be supported in writing with
a statement of the particulars describing how the structure presents
such imminent danger. The statement will be made by an employee of
the Department designated by the Commissioner as qualified to make
such determination.
(3)
The Commissioner shall prepare a declaration of imminent
danger and a notice of demolition and notify the owner of the structure,
and all tenants, mortgagees and other lienors of record, where practicable,
of the imminent danger and that said structure must be demolished
in the interest of public health, safety and welfare and that, upon
request, a hearing will be held to review the Commissioner's declaration
of imminent danger. Such hearing must be requested no later than 12:00
noon on the business day following the third consecutive day of publication
of said declaration of imminent danger.
(a)
The Commissioner shall cause to be mailed, by
first-class mail with delivery confirmation, a copy of the declaration
of imminent danger and notice of demolition to the owner of record.
Such notice shall be mailed to the owner's address as appears in the
records of the Bureau of Assessment, and if such address does not
appear in the records of the Bureau of Assessment, then the notice
shall be sent to the owner's last known address or place of residence.
[Amended 6-16-2009 by Ord. No. 2009-176]
(b)
The Commissioner shall cause the declaration
of imminent danger to be posted on the premises involved.
(c)
The Commissioner shall cause a declaration of
imminent danger to be published in an official newspaper of the City
on three consecutive business days.
C.
Declaration of emergency and order to demolish, immediate
danger.
[Amended 5-13-1997 by Ord. No. 97-173]
(1)
The Commissioner shall declare an emergency and shall
order demolition of a structure when the structure causes an immediate
danger to exist. The Commissioner shall find that an immediate danger
exists when the structure is determined to be in danger of immediate
collapse. Such determination must be supported by the written opinion
of a professional engineer or architect licensed by the State of New
York.
(2)
The Fire Chief shall declare an emergency and shall
order demolition of a structure when the structure causes an immediate
danger to exist. The Fire Chief shall find that an immediate danger
exists when demolition is required to bring a fire under control.
Such determination must be supported by the written opinion of the
Fire Chief or superior officer in charge at the fire scene.
E.
Filing notice of pendency. A copy of the declaration of emergency may be filed in the office of the County Clerk of Monroe County in the same manner as prescribed for the notice of demolition hearing under Subsection A above.
F.
Cost of demolition. The cost of demolition under this section, Subsections A, B and C, shall be a personal liability of the owner, and the Commissioner shall bill the owner therefor. The cost of demolition shall include the costs of removal of demolition debris and of meeting the minimum site restoration and design standards specified in § 47A-12 of this chapter. The cost of such work shall be a personal liability of the owner, and the Commissioner shall bill the owner therefor. Such costs shall also be a lien upon the property from the first day the costs are billed to the owner. Such costs shall be assessed and billed to the owner as set forth in § 6-92 of the City Charter, shall be subject to late payment charges as set forth in § 6-93 of the City Charter and may be added to the subject property tax bill as set forth in § 6-94 of the City Charter.
G.
Powers of Commissioner. The Commissioner shall have
other powers regarding demolition of unsafe or dangerous structures,
including but not limited to those specified in § 90-27G
of the Property Code.
If any section, subsection, paragraph, sentence,
clause or other part of this chapter is for any reason invalid, the
validity of the remaining portion of this chapter shall not be affected.
