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 covering.
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, morals or the general
health and welfare of the occupants or the people of the City of Auburn.
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, so as to work injury to the health, morals, safety
or general welfare of those living therein.
F.
Those having light, air and sanitation facilities which
are inadequate to protect the health, morals, 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, morals, safety or general welfare of the people
of this City.
K.
Any building or structure which remains vacant and unattended
continuously for a period of five years.
All unsafe buildings within the terms of § 125-47 of this article are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The Building Inspector shall:
A.
Complaints. 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 article or any other
provisions of this Municipal Code or law or code of the State of New York.
B.
Police and Fire Department reports. Inspect any building,
wall or structure reported (as hereinafter provided for) by the Fire or Police
Department of this City as probably existing in violation of the terms of
this article.
C.
Notice to owner, etc. Notify personally or in writing the owner or some one 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 some one 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 office of the County Clerk, of any building found by him or her to be an unsafe building within the standards set forth in § 125-47 of this article that:
(1)
The owner must vacate or repair or demolish said building
in accordance with the terms of the notice and this article.
(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 or her 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.
Contents of notice to owner. 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 article within such length of time, not exceeding 30 days, as is reasonable.
E.
Placement of notice on unsafe buildings.
(1)
Place a notice on all unsafe buildings reading as follows: "This building has been found to be an unsafe building by the Building Department. 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 some one 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 some one 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 office of the County Clerk, of any building found to be an unsafe building within the standards set forth in § 125-47 of Chapter 125 of the City of Auburn Municipal Code. It is unlawful to remove this notice until such notice is complied with."
(2)
In case the Building Inspector finds that there is actual
and immediate danger of failure or collapse so as to endanger life, such notice
shall also require the building or portion thereof to be vacated forthwith,
and no person shall enter the building or portion thereof except for the purpose
of inspecting, making repairs or demolishing the same.
F.
File a copy of such notice specified in Subsection C in the office of the County Clerk, which notice shall be filed by such 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. 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 Corporation Counsel. 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 a certified copy of such order.
G.
Notify the Fire Chief and Police Chief of all buildings
placarded as unsafe and reasons for placarding.
A.
If the owner, occupant, mortgagee, or lessee fails to comply with an order of the Building Inspector within 30 days, or fails to request an appeal of said order, as hereinafter provided, the Building Inspector shall cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards hereinbefore provided for in § 125-47 of this article. The expenses thereby incurred shall be paid by the interested person or persons as hereinabove set forth, or by the person or persons who caused or maintained such nuisance or other matter. The Building Inspector shall file as a part of his or her records an affidavit stating with fairness and accuracy the items of expense and that each said item was necessary and the cost thereof does not exceed the current hourly rate of wages for the action and the date of execution of actions as authorized by this article.
B.
The Building Inspector may institute a suit to recover
such expenses or may cause such expenses, together with a charge of 50% thereof
to cover supervision and administration, to be charged against the property
as a lien. A notice of such lien shall be mailed to or served upon the interested
person or persons as hereinabove set forth claimed liable to pay the same,
and a similar copy may be filed in the office of the City Treasurer and the
Assessor of the City of Auburn and upon such filing shall be a lien on the
real property to the same extent as City taxes and shall be included in the
general City tax roll and enforced in the same manner as other City taxes.
In cases where it reasonably appears that there is immediate danger to life or safety of any person unless an unsafe building as defined herein is immediately repaired, vacated, or demolished, the Building Inspector 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 § 125-51 of this article.
A.
If a person upon whom an order is served requests a hearing
within seven days in writing, the Building Inspector shall advise the City
Council forthwith but not later than two weeks thereafter of such request.
B.
The City Council shall appoint a hearing officer to conduct
a public hearing on the matter. A City officer or other qualified person may
be appointed as the hearing officer.
C.
The hearing officer shall notify either personally or
by registered mail the Building Inspector and the person or persons charged
of the time, place and date of the hearing and may, in his or her discretion,
cause a public notice to be published in a daily newspaper published in the
City at least five days before the date thereof advising the public of the
purpose of the public hearing and the right of interested parties to be heard.
D.
The hearing may be adjourned from time to time by the
hearing officer until all relevant evidence is submitted by all concerned
parties. All interested persons shall have the right to present evidence,
to cross-examine witnesses, and to be represented by counsel.
E.
The hearing officer shall be responsible for safeguarding
the constitutional rights of all parties involved and may issue such orders
and directives necessary to effectuate such purposes, including but not limited
to the right to have specific charges served, a reasonable time to prepare
a defense, and the right to an impartial hearing.
F.
At the conclusion of the hearing, the hearing officer
shall make a determination in writing, and a copy of the same shall be served
either personally or by registered mail on all parties who appeared therein.
G.
The determination shall state whether the original order
is sustained, modified or reversed. If reversed, no further proceeding shall
be had.
H.
If the original order is sustained, in whole or in part,
the hearing 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 a reasonable time
thereafter, which the hearing officer shall designate, the penalties hereinafter
provided shall be invoked.
If the owner of the unsafe building or structure fails or refuses to repair or remove the unsafe building or structure within the time specified in the final order of the hearing officer, the Building Inspector shall report the same to the City Council. The City Council may direct that the City shall cause the repair or removal of the unsafe building. After the work has been completed, the Building Inspector shall file with the City Treasurer and Assessor the affidavit and notice of lien as provided in § 125-51 or take such other action as provided in § 125-51.
Notwithstanding any provision herein to the contrary, the Building Inspector
may 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 or structure as herein prescribed.
The transfer of title by the owner of premises upon which an unsafe
building or structure is located shall be no defense to any proceedings under
this article.
A.
In case there shall be, in the opinion of the Building
Inspector, actual and immediate danger of the falling of a building or structure
so as to endanger public safety, life or property, or actual or immediate
menace to health or public welfare as a result of the conditions present in
or about a building or structure, he or she shall cause the necessary work
to be done or render such building or structure temporarily safe, whether
the procedure prescribed in this article for unsafe or dangerous buildings
or structures has been instituted or not.
B.
When emergency work is to be performed under this section,
the Building Inspector shall cause the owner thereof to be served personally
or by registered mail, return receipt requested, and if served by registered
mail shall post on the premises, a notice to comply containing a description
of the premises, a statement of the facts in which the structure is unsafe
or dangerous, and orders and directions to correct said conditions which constitute
an emergency within a specified period, not to exceed three days from actual
or constructive receipt of the notice.
C.
In the event the emergency does not permit any delay
in correction, the notice shall state that the City has corrected the emergency
condition.
D.
In both cases, the notice shall state that the corrective
costs of the emergency will be assessed against the owner pursuant to the
provisions of this article.
A.
The owner of any unsafe building who shall fail to comply
with any final notice or order to repair, vacate, or demolish the building
or structure given by the Building Inspector shall be guilty of a violation
and, upon conviction thereof, shall be subject to a fine of not more than
$250 or imprisonment for not more than 15 days, or both such fine and imprisonment,
for each and every day such failure to comply continues beyond the date fixed
for compliance.
B.
The occupant or lessee in possession who fails to comply
with any notice to vacate and who fails to repair the building or structure
in accordance with any notice given as provided for in this article shall
be guilty of a violation and, upon conviction thereof, shall be subject to
a fine of not more than $250 or imprisonment for not more than 15 days, or
both such fine and imprisonment, for each and every day such failure to comply
continues beyond the date fixed for compliance.
