[HISTORY: Adopted by the City Council of the City of Batavia 1-26-1981
as Ch. 33 of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 51.
This chapter shall be known and may be cited as the "Unsafe Buildings
Ordinance of the City of Batavia."
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 Batavia.
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, 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.
The following standards shall be followed in substance by the Enforcement
Officer 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, morals, 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 can
not 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 chapter or any other provisions of this Municipal Code or laws of
the State of New York, it shall be demolished.
All unsafe buildings within the terms of § 55-2 of this chapter are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The 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 any other provisions of
this Municipal Code.
B.
Inspect any building, wall or structure reported (as
hereinafter provided for) by the Fire or Police Departments of this city 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, 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 office of the County Clerk, of any building found by him or her to be an unsafe building within the standards set forth in § 55-2 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 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.
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.
E.
Place a notice on all unsafe buildings reading as follows: "This building has been found to be an unsafe building by this 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 office of the County Clerk, of any building found by me to be an unsafe building within the standards set forth in § 55-2 of Chapter 55 of the City of Batavia Municipal Code. It is unlawful to remove this notice until such notice is complied with."
F.
File a copy of such notice 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 City Attorney.
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.
A.
The Enforcement Officer shall be authorized, in the performance
of his or her duties, to conduct inspections of premises, or parts of premises,
at such times and in such manner as the building official may find convenient
or necessary, with the consent of the person in possession or occupancy.
B.
If admission is refused or cannot be obtained from the
person in possession or occupancy, the Enforcement Officer shall be authorized
to obtain a warrant to make an inspection, provided that reasonable or probable
cause is shown.
C.
In case of an emergency, the Enforcement Officer may,
without a warrant, enter any premises, or parts of premises, to inspect the
same, at any time, without the permission of the person in possession or occupancy.
If the owner, occupant, mortgagee or lessee fails to comply with an order of the Enforcement Officer within 30 days, or fails to request an appeal of said order, the Enforcement Officer shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in § 55-3 of this chapter. The expenses thereby incurred shall be paid by the interested person, as hereinabove set forth, or by the persons who caused or maintained such nuisance or other matter. The Enforcement Officer 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 chapter. The Enforcement Officer may institute 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, as hereinabove set forth, claimed liable to pay the same and a similar copy may be filed in the office of the Clerk-Treasurer and the Bureau of Assessments of the City of Batavia, 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 Enforcement Officer 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 § 55-7 of this chapter.
A.
The owner of any unsafe building who shall fail to comply with any notice or order to repair, vacate or demolish said building given by the Enforcement Officer of this chapter shall be guilty of an offense and upon conviction thereof shall be fined pursuant to Chapter 1, General Provisions, Article II, General Penalty, of the City of Batavia Municipal Code, 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 said building in accordance with any notice given as provided for in this chapter shall be guilty of an offense and upon conviction thereof shall be fined pursuant to Chapter 1, General Provisions, Article II, General Penalty, of the City of Batavia Municipal Code for each and every day such failure to comply continues beyond the date fixed for compliance.
The Bureau of Inspection or any of its deputies or assistants as designated
shall serve as the Enforcement Officer of this chapter.
