The owner or person having any interest in any
wall, building, structure or foundation in the City which for any
reason shall have become unsafe, dangerous, unsightly or in any way
endangers the health, safety or welfare of the public shall, upon
being directed thereto by the Common Council, forthwith repair or
remove the same.
A.Â
Whenever any wall, building or other structure has
in any manner become unfit for occupancy or shall be unsafe, detrimental
or dangerous to the public health, safety or general welfare, upon
inspection and report by the office of the Fire Marshal to the Common
Council and hearing held thereon as hereinafter set forth, the Common
Council may declare the premises a public nuisance and order the owner,
or person or persons having an interest therein, to repair or remove
the wall, building, structure or foundation and to clear away any
and all debris caused thereby and to fill in the excavation to the
lot level, requiring the same to be made safe and secure. After having
received and placed on file the report from the Fire Marshal's office,
the Common Council, if it appears that a nuisance exists, shall hold
a hearing thereon and shall serve notice upon the owner, and all others
having an interest therein, of the unsafe condition and the times
and place of said hearing.
B.Â
The service of said notice shall be either by personal
service or by certified mail, addressed to the last known address
as shown by the records of the City Assessor's office. Said notice
shall contain a description of the premises and a clear and concise
statement of the particulars in which the building or structure is
unsafe or dangerous, shall set forth the date, time and place for
a hearing thereon before the Common Council and shall be served at
least 10 days prior to said hearing. If such service is by certified
mail, a copy of said notice shall also be posted by firmly affixing
a copy thereof on said premises.
C.Â
If it appears upon said hearing that an unsafe condition
does in fact exist, then the Common Council shall declare it to be
a nuisance and order the repair or removal thereof at or before a
time to be fixed by it. Notice of said determination and the order
of the Common Council shall be served upon the owner and other persons
having an interest therein in the same manner as the original notice
hereinbefore set forth.
D.Â
Where the identity and/or whereabouts of the owner
of said building is unknown, then the notice shall be published in
two newspapers, at least one in the English language, designated by
the Common Council as most likely to give notice to the person to
be served, at least once in each of four successive weeks. Service
shall be complete on the 28th day after the day of first publication,
and the hearing shall be held not less than 10 days after service
is complete nor later than 30 days thereafter. Proof of said publication
shall be filed with the Common Council.
A copy of the original notice shall be filed
in the office of the County 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 this section. 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 on the order of
the Judge or Justice of a court of record or upon the consent of the
Corporation Counsel.
In the event such owner or other interested
person fails or refuses to repair or remove said building or structure
within the time provided, the Common Council may cause the repair
or removal of said building, wall or structure and fill in the excavation
and level the property and assess the cost thereof against said property,
and said cost shall thereupon become a lien against the property and
be collectible in the same manner as taxes levied thereon or by civil
action.
Any person who shall neglect or refuse to comply
with the directions of the Common Council shall, upon conviction,
be guilty of a misdemeanor. In addition to the remedies herein set
forth, an action or proceeding may be maintained in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
any violation of this article and any order or finding made hereunder.
This chapter shall take effect immediately upon
being published in the official newspaper.
