[HISTORY: Adopted by the Board of Trustees of the Village of McGraw 4-6-1981
as Art. XVII of L.L. No. 1-1981. Amendments noted where applicable.]
All buildings or structures which have any or all of the following defects
shall be deemed unsafe buildings.
A.
Those whose interior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
B.
Those which, exclusive of the foundation, show 33% or
more of damage or deterioration of the supporting member or members or 50%
of damage or deterioration of the nonsupporting enclosing or outside walls
or coverings.
C.
Those which have improperly distributed loads upon the
floors or roofs or 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 and the general health
and welfare of the occupants or the people of the Village of McGraw.
E.
Those which have become or are so dilapidated, decayed,
unsafe, 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 or so as to work injury to the health, safety or
general welfare of those living therein.
F.
Those having light, air and sanitation facilities which
are inadequate to protect the health, safety or general welfare of human beings
who live or may live therein.
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 escape.
H.
Those which have parts thereof which are so attached
that they may fall and injure members of the public or property.
I.
Those which, because of their condition, are unsafe,
unsanitary or dangerous to the health, safety or general welfare of the people
of this village.
The following standards shall be followed in substance by the Code Enforcement
Officer and the Board of Trustees in ordering repair, vacation or demolition:
A.
If the unsafe building can reasonably be repaired so
that it will no longer exist in violation of the terms of this chapter, it
shall be ordered repaired.
B.
If the unsafe building is in such condition as to make
it dangerous to the health, safety or general welfare of its occupants, it
shall be ordered to be vacated.
C.
In any case where an unsafe building is so damaged or
decayed or deteriorated from its original value or structure so that it cannot
be economically restored, it shall be demolished, and in all cases where a
building can not be repaired so that it will no longer exist in violation
of the terms of this chapter, it shall be demolished. In all cases where an
unsafe building is a fire hazard existing or erected in violation of the terms
of this Article or any other provisions of this chapter or the laws of the
State of New York, it shall be demolished.
All unsafe buildings within the terms of § 76-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The Code Enforcement Officer shall:
A.
Inspect any building, wall or structure about which complaints
are filed by any person to the effect that a building, wall or structure is
or may be existing in violation of this chapter and report his findings at
least annually to the Board of Trustees or more frequently as requested by
the Board or the Mayor.
B.
Inspect any building, wall or structure reported (as
hereinafter provided for) by the Fire or Police Departments of this village
as probably existing in violation of the terms of this chapter.
C.
Notify personally or in writing the owner or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, or by registered mail, addressed to the last known address, if any, of the owner or someone of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment, of any building found by him to be an unsafe building within the standard set forth in § 76-1 of this chapter:
(1)
The owner must vacate or repair or demolish said building
in accordance with the terms of the notice and this chapter.
(2)
The occupant or lessee must vacate said building or may
have it repaired in accordance with the notice and remain in possession.
(3)
Any mortgagee, agent or other persons having an interest
in said building may, at his own risk, repair, vacate or demolish said building
or have such work or act done, provided that any person notified under this
subsection to repair, vacate or demolish any building shall be given such
reasonable time, not exceeding 30 days, as may be necessary to do or have
done the work or act required by the notice provided for herein.
D.
Set forth in the notice provided for in Subsection C hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure an unsafe building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 30 days, as is reasonable.
F.
Appear at all hearings conducted by the Board of Trustees
and testify as to the condition of unsafe buildings.
G.
Place a notice on all unsafe buildings reading as follows:
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"This building has been found to be an unsafe building by this Code Enforcement Officer. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or someone of the owner's executors, legal representatives, agents, lessees, or other person having vested or contingent interest in the same, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment, of any building found to be an unsafe building within the standards set forth in § 76-1 of this chapter. It is unlawful to remove this notice until such notice is complied with."
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The Board of Trustees shall:
A.
Written notice to owner or lessees. Upon receipt of a report of the Code Enforcement Officer as provided for in § 76-4E hereof, give written notice to the owner or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or someone of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment, of any building found by him to be an unsafe building within the standards set forth in § 76-4 of this chapter, to appear before them on the date specified in the notice to show cause why the building or structure reported to be an unsafe building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Code Enforcement Officer's notice provided for herein in §§ 76-4C and D.
B.
Hold hearings. Hold a hearing and hear such testimony
relative to the unsafe building as the Code Enforcement Officer or the owner
or someone of the owner's executors, legal representatives, agents, lessees
or any other person having a vested or contingent interest in the property,
as shown by the records of the Assessor or in the Cortland County Office of
Real Property Tax and Assessment may give.
D.
Issue orders based on findings of fact. Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment, to repair, vacate or demolish any building found to be an unsafe building within the terms of this chapter, and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said unsafe building, or any person not the owner of said unsafe building but having an interest in said building may demolish said unsafe building, at his own risk, to prevent the acquiring of a lien against the land upon which the said unsafe building stands by the village, as provided in Subsection E hereof.
E.
Cause building to be repaired. If such person fails to comply with the order provided for in Subsection D hereof within 10 days, cause such building or structure to be repaired, vacated or demolished, as the facts may warrant, under the standards hereinbefore provided for in § 76-2 of this chapter, and shall, with the assistance of the Village Attorney, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien, or cause such costs to be added to the tax rolls as an assessment or to be levied as a special tax against the land upon which the building stands or did stand or to be recovered in a suit at law against the owner, provided that, in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, safety or general welfare of the people of this village, the Code Enforcement Officer shall notify the Village Attorney to take legal action to force the owner to make all necessary repairs or demolish the building.
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an unsafe building as defined herein is immediately repaired, vacated or demolished, the Code Enforcement Officer shall report such facts to the Board of Trustees, and the Board of Trustees shall cause the immediate repair, vacation or demolition of such unsafe building. The costs of such emergency repair, vacation or demolition of such unsafe building shall be collected in the same manner as provided in Subsection E of § 76-5E.
In cases, except emergency cases, where the owner, occupant or lessee is absent from the village, all notices or orders provided for herein shall be sent, by registered mail, to the party in interest as described in § 76-4C, to the last known address of such party in interest, and a copy of such notice shall be posted in a conspicuous place on the unsafe building to which it relates. Such mailing and posting shall be deemed adequate service.
No officer, agent or employee of the Village of McGraw shall render
himself personally liable for any damage that may accrue 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, agent or employee
of the Village of McGraw 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 proceeding therein.
The Fire Chief or his/her Assistant of the Village Fire Department may
make a report, in writing, to the Code Enforcement Officer of any building
or structures which are, may be or are suspected to be unsafe buildings within
the terms of this chapter.
Any employee of any Village Department or any law enforcement official
may make a report, in writing, to the Code Enforcement Officer of any buildings
or structures which are or may be deemed to be unsafe buildings within the
terms of this chapter. Such reports must be delivered to the Code Enforcement
Officer within 24 hours of the discovery of such building.
A.
Any person entitled to service (notice) under § 76-4C may appeal from any notice and order or any action of the Code Enforcement Officer by filing at the office of the Code Enforcement Officer, within 30 days from the date of service of such order, a written, dated appeal, in duplicate, containing:
(1)
A brief statement setting forth the legal interest of
each of the appellants in the building or land involved in the notice and
order.
(2)
A brief statement in ordinary and concise language of
the specific order or action protested, together with any material facts supporting
the contentions of the appellant.
(3)
A statement of relief sought and the reasons why it is
claimed the protested order or action should be reversed, modified or set
aside.
(4)
The signature of all parties named as appellants, and
their official mailing addresses.
(5)
The verification of at least one appellant as to the
truth of the matters stated in the appeal.
B.
Upon receipt at his or her office of any appeal filed
pursuant to this section, the Code Enforcement Officer shall cause one copy
to be stamped to show date of receipt and shall immediately forward that copy,
together with a copy of the notice and order appealed from, to the Clerk of
the Village Board of Trustees, who shall file the appeal as a part of the
records of the Board and shall present it at the next regular or special meeting
of the Village Board.
C.
After receiving the written appeal, the Mayor thereof
shall set a date for hearing of the appeal by the Village Board, which date
shall be not less than 10 days nor more than 60 days from the date the appeal
was filed with the Code Enforcement Officer. Written notice of the time and
place of the hearing shall be given at least 10 days prior to the date of
the hearing to each appellant by the Clerk. Copies of the notice shall also
be delivered to the Building Inspector and the Village Attorney.
D.
The Village Board shall hold a hearing, at which time
the Code Enforcement Officer may then present evidence in support of the notice
and order and in rebuttal of appellant's case, after which the appellant
may submit evidence in rebuttal of any evidence presented by the Code Enforcement
Officer.
E.
At the conclusion of the hearing, the Village Board shall
consider the evidence presented and shall make written findings of fact, based
upon the evidence, to support its decision. Written findings and decision
shall be rendered by the Village Board within 10 days from the date the hearing
is concluded, and copies thereof shall be delivered to each appellant and
the Code Enforcement Officer. The decision of the Board of Trustees shall
be final.
F.
If the original survey is sustained, in whole or in part,
the Code Enforcement Officer shall also include an order directing the owner
to proceed in accordance therewith and shall further specify that, unless
the work is commenced within 10 days after service and completed within six
months thereafter, which the Code Enforcement Officer shall designate, the
penalties hereinafter shall be invoked.
A.
Violation of any of the provisions of this chapter is
hereby declared to be a violation pursuant to the Penal Law.
B.
For every violation of any provision of this chapter,
the person violating the same shall be subject to a fine of not more than
$250 or imprisonment of not more than 15 days, or both such fine and imprisonment,
as provided in the Penal Law. Every week the violation shall continue to constitute
a new and separate offense.
