[HISTORY: Adopted by the Town Board of the Town of Batavia 8-16-2000
by L.L. No. 1-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 89.
Unsafe buildings pose a threat to life and property in the Town of Batavia.
Buildings and structures may become unsafe by reason of damage by fire, the
elements, age or general deterioration. Vacant buildings not properly secured
at doorways and windows also serve as an attractive nuisance for young children
who may be injured therein, as well as point of congregation by vagrants and
transients. A dilapidated building may also serve as a place of rodent infestation
thereby creating a health menace to the community. It is the purpose of this
chapter to provide for the safety, health, protection and general welfare
of persons and property in the Town of Batavia by requiring such unsafe buildings
to be repaired or demolished and removed.
This chapter shall be known and may be cited as "A Local Law Regulating
Unsafe Buildings in the Town of Batavia, New York."
As used in this chapter, the following terms shall have the meanings
indicated:
Any building, structure or portion thereof used for residential,
business, agricultural or industrial purpose.
The New York State Uniform Fire Prevention and Building Code Enforcement
Officer for the Town of Batavia or such other person appointed by the Town
Board to enforce the provisions of this chapter.
All buildings or structures which have any or all of the following
defects shall be deemed "unsafe buildings":
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.
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.
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.
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 Town of Batavia.
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.
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.
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.
Those which have parts thereof which are so attached that they may fall
and injure members of the public or property.
Those which because of their condition are unsafe, unsanitary or dangerous
to the health, morals, safety or general welfare of the people of the Town
of Batavia.
Those buildings existing in violation of any provision of the New York State Uniform Fire Prevention and Building Code, Chapter 235, Zoning, of this Code and any other applicable law of the Town of Batavia.
Any building or structure which remains vacant and unattended continuously
for a period of one year or longer without adequate safeguards to prevent
unauthorized entry.
When in the opinion of the enforcement officer or upon receipt of information that a building or structure is an unsafe building as defined § 93-3 hereof, the enforcement officer shall cause or make an inspection of the same and report in writing to the Town Board his findings and recommendations in regard to its repair or demolition and removal.
The Town Board shall thereafter consider such report and by resolution
determine, if in its opinion the report so warrants, that such building is
unsafe and dangerous and order its repair, if the same can be safely repaired,
or its demolition and removal and further order that a notice be served upon
the persons and in the manner provided herein.
A.
The notice shall contain the following:
(1)
A description of the premises;
(2)
A statement of the particulars in which the building
is unsafe or dangerous;
(3)
An order outlining the manner in which the building is
to be made safe and secure or demolished and removed;
(4)
A statement that the securing or removal of such building
shall commence within 30 days of the service of the notice and shall be completed
within 60 days thereafter, unless for good cause shown such time shall be
extended; and
(5)
A date, time and place for a hearing before the Town
Board in relation to such dangerous or unsafe building, which hearing shall
be scheduled not less than 15 business days from the date of service of the
notice.
B.
The notice shall further state that in the event of the refusal or neglect of the person so notified to comply with the said order of the Town Board and after the hearing, the Town Board may provide for the repairing and securing or demolition and removal of such building either by town employees or by contract and that said expenses will be assessed back against the owner in accordance with § 93-11 of this chapter.
C.
As an alternative, the Town Board may, in its discretion,
elect to direct the enforcement officer to apply to the Supreme Court of the
State of New York for an order directing that the building be repaired and
secured or demolished and removed.
Said notice shall be served personally upon 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 as shown
by the records of the Batavia Town Assessor, Town of Batavia Tax Collector
or in the office of the Genesee County Clerk. If no such person can be reasonably
found, such notice shall be served by mailing both by regular and certified
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
above records. If such notice is served by regular or certified mail, a copy
of such notice is to be posted on the premises.
A copy of the notice served as provided herein shall be filed in the
office of the Genesee 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 Town 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. In addition, copies of said
notice and consent or certified copy of such order shall be filed with the
Town Clerk of the Town of Batavia.
A.
At the time and place specified in the notice issued pursuant to § 93-6 of this chapter, the Town Board shall conduct a hearing to review the resolution and order it adopted pursuant to § 93-5 hereof and to determine whether the person served with the notice pursuant to § 93-7 hereof has refused or neglected to comply with the order of the Town Board. The hearing shall be conducted informally, and oral or documentary evidence pertinent to the facts and issues raised by the enforcement officer or other interested parties may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings.
B.
At the close of the hearing, the Town Board shall by
resolution confirm, modify or rescind its initial decision and order and,
if confirmed, further decide whether the person served with the notice complied
with the same.
C.
If the Town Board finds that said order has not been complied with, the Town Board may provide for the repairing and securing or demolition and removal of such building either by town employees or by contract. Except in an emergency as provided in § 93-10 hereof, any contract for the repairing and securing or demolition and removal of a building in excess of the monetary limits set forth in § 103 of the General Municipal Law shall be awarded by the Town Board through competitive bidding.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe building is immediately repaired and secured or demolished, the Town Board may by resolution authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the real property on which it is located and shall be assessed, levied and collected as provided in § 93-11 herein.
All expenses incurred by the town in connection with the proceedings
to repair and secure or demolish and remove an unsafe building or structure,
including the costs of actual removal of such building or structure, shall
be assessed against the real property on which such building or structure
is located and shall be levied and collected in the same manner as provided
in Article 15 of the Town Law for the levy and collection for a special ad
valorem levy.
