[Adopted 4-21-1997 by L.L. No. 1-1997]
The purpose of this article is to promote and
preserve the health, safety and welfare of the public and residents
and/or owners of property located within this City by providing a
method for the removal or repair of buildings that, from any cause,
may now be or shall hereafter become dangerous or unsafe to the public
and residents and/or owners of property within the City. Unsafe buildings
serve as an attractive nuisance for young children who may be injured
therein; may be a point of congregation by vagrants and transients;
may attract rodents or insects; and may also attract illegal drug
activity. The powers conferred upon the City by this article shall
be in addition to all other powers conferred upon the City in relation
to the same subject by state law.
As used in this article, the following terms
shall have the meanings indicated:
BUILDING
Any building, structure or portion thereof used by residential,
business or industry.
BUILDING INSPECTOR
The Building Inspector of the City or such other person appointed
by the Common Council to enforce the provisions of this article.
UNSAFE BUILDINGS
Includes all buildings which have any or all of the following
defects:
A.
Those whose interior walls or exterior bearing
walls or other vertical structural members list, lean or buckle to
such an extent as to weaken the structural support they provide.
B.
Those which, exclusive of the foundation, show
33% or more of damage to or deterioration of the supporting members
or members or 50% of damage to or deterioration of the nonsupporting
enclosing or outside walls or covering.
C.
Those which have improperly distributed loads
upon the floors or roofs 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 fire, wind
or other causes so as to have become dangerous to life, safety or
the general health and welfare of the occupants or the people of this
City.
E.
Those which have become or are so dilapidated,
decayed, unsafe or unsanitary or which so utterly fail to provide
the amenities essential to decent living that they are unfit for human
habitation or are likely to cause sickness or disease to those living
therein or adjacent thereto.
F.
Those having light, air and sanitation facilities
which are inadequate to protect the health, safety or general welfare
of human beings who 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 egress
in case of fire or panic or those having insufficient stairways, elevators,
fire escapes or other means of communication, again referencing the
New York State Uniform Fire Prevention and Building Code as a determinant.
H.
Those which have parts thereof which are so
attached that they fall and injure members of the public or property.
I.
Those which consist 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 this City.
No person, firm, corporation or association
owning, possessing or controlling a building in this City 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 Building Inspector shall make inspections
of all unsafe buildings within the City and report to the Board of
Public Safety all unsafe buildings which from time to time may be
found within the limits of the City.
In the event of neglect or refusal of the persons
so notified to comply with said order of the Board of Public Safety,
the Board of Public Safety shall provide for the demolition and removal
of such building by City employees or by contract. Except in an emergency,
any contract in excess of $20,000 shall be awarded by competitive
bidding.
In addition to the remedies provided by this
article, the Board of Public Safety may request the City Attorney
to make an application to the Supreme Court for an order determining
the building to be a public nuisance and directing that it shall be
repaired and secured or demolished.