[HISTORY: Adopted by the Town Board of the
Town of Canandaigua 10-4-1976 by L.L. No. 2-1976 (Ch. 43 of the 1977 Code); amended in its entirety 11-14-2011
by L.L. No. 8-2011. Subsequent amendments noted where applicable.]
A.
The
Town Board of the Town of Canandaigua recognizes the need to remove
buildings or structures within the Town of Canandaigua which are unsafe
to the citizens of the Town.
B.
The
Town Board further recognizes that buildings are not unsafe solely
because of their age or appearance; and further recognizes that certain
structures and buildings which may be in literal violation of this
chapter create no hazard because of their location distant from any
other structure.
C.
It
is the purpose of this chapter to provide a manner in which structures
which are unsafe may be inspected and removed if they cannot be repaired.
D.
It
is the further purpose of this chapter that the property of any citizens
shall not be taken without due process of law.
As used in this chapter, the following terms shall have the
meanings indicated:
All buildings or structures which have any or all of the
following defects:
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%
or more 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 or the general health
and welfare of the occupants or the people of the Town of Canandaigua
or which are determined to be a health nuisance.
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,
safety or general welfare of those living therein.
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.
Those having inadequate facilities for egress in case of fire
or panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
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, safety or general welfare of the people
of this Town.
Those buildings existing in violation of any provision of any
local law or ordinance of this Town.
The following standards shall be followed in substance by the
Code Enforcement Officer in ordering repair, vacation or demolition:
A.
If
the dangerous 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 dangerous building is in such condition as to make it dangerous
to the health, safety or general welfare of its occupants or is determined
to be a health nuisance, it shall be ordered vacated.
C.
In
any case where a dangerous building is 50% damaged or decayed or deteriorated
from its original value or structure, it shall be demolished; and
in all cases where a building cannot 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 a dangerous building is a fire hazard,
existing or erected in violation of the terms of this chapter or any
ordinance or local law of the Town of Canandaigua or any law of the
State of New York, it shall be demolished.
All dangerous buildings within the terms of this chapter are
hereby declared to be public or health nuisances and shall be repaired,
vacated or demolished as hereinbefore and hereinafter provided.
A.
The
Code Enforcement Officer of the Town of Canandaigua has the authority
to:
(1)
Inspect or cause to be inspected semiannually all public buildings,
schools, halls, churches, theaters, hotels, motels, tenements, amusement
buildings, commercial buildings and manufacturing buildings for the
purpose of determining whether, in his or her opinion, any conditions
exist which render such places dangerous buildings within the terms
of this chapter.
(2)
Inspect or cause to be inspected 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, in his or her opinion, be
existing in violation of this chapter.
(3)
Inspect or cause to be inspected any building, wall or structure
reported, as hereinafter provided for, as probably existing in violation
of the terms of this chapter.
(4)
Notify, in writing, the owner, occupant, lessee, mortgagee, agent
and all other persons having an interest in said building, as shown
by the land records of the County Clerk of Ontario County, of any
building found by the Code Enforcement Officer to be a dangerous building,
within the standards set forth in this chapter, that the owner must
vacate, repair or demolish said building in accordance with the terms
of the notice and this chapter; the occupant or lessee must vacate
said building or may have it repaired in accordance with the notice
and remain in possession; the mortgagee, agent or other persons having
an interest in said building, as shown by the land records of the
County Clerk of Ontario County, 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.
(5)
Set forth in the notice provided for in Subsection A(4) of this section a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous 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.
(6)
Place a notice on all dangerous buildings reading as follows: "This
building has been found to be a dangerous building by the Code Enforcement
Officer of the Town of Canandaigua. This notice is to remain on this
building until it is repaired, vacated or demolished in accordance
with the notice which has been given to the owner, occupant, lessee,
mortgagee or agent of this building and all other persons having an
interest in said building, as shown by the land records of the County
Clerk of Ontario County. It is unlawful to remove this notice until
such notice is complied with."
The Town Board of the Town of Canandaigua shall:
A.
Upon
receipt of a report of the Code Enforcement Officer, as provided for
in this chapter, give written notice to the owner, occupant, mortgagee,
lessee, agent and all other persons having an interest in said building,
as shown by the land records of the County Clerk of Ontario County,
to appear before the Town Board on the date specified in the notice
to show cause why the building or structure reported to be a dangerous
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 herein.
B.
Hold
a hearing and hear such testimony as the Code Enforcement Officer
or the owner, occupant, mortgagee, lessee or any other person having
an interest in said building, as shown by the land records of the
County Clerk of Ontario County, shall offer relative to the dangerous
building.
C.
Make written findings of fact from the testimony offered pursuant to Subsection B above as to whether the building in question is a dangerous building within the terms hereof.
D.
Issue an order, based upon findings of fact made pursuant to Subsection C above, commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building, as shown by the land records of the County Clerk of Ontario County, to repair, vacate or demolish any building found to be a dangerous building within the terms of this chapter, provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said dangerous building; or any person not the owner of said dangerous building, but having an interest in said building, as shown by the land records of the County Clerk of Ontario County, may demolish said dangerous building at his own risk to prevent the acquiring of a lien against the land upon which said dangerous building stands by the Town, as provided in Subsection E hereof.
E.
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection D hereof within 10 days, the Town Board shall cause such building or structure to be repaired, vacated or demolished, as the facts may warrant, under the standards hereinbefore provided for in this chapter and shall, with the assistance of the attorney for the Town, 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 duplicate 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 Town, or is not determined to be a health nuisance, the Town Board shall notify the Attorney for the Town 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 a dangerous building as defined herein is immediately repaired, vacated or demolished, the Code Enforcement Officer shall report facts to the Town Board, and the Town Board shall cause the immediate repair, vacation or demolition of such dangerous buildings. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in § 88-6E.
In cases, except emergency cases, where the owner, occupant,
lessee or mortgagee is absent from the Town, all notices or orders
provided for herein shall be sent by registered mail to the owner,
occupant, mortgagee, lessee and all other persons having an interest
in said building, as shown by the land records of the County Clerk
of Ontario County, to the last known address of each, and a copy of
such notice shall be posted in a conspicuous place on the dangerous
building to which it relates.
No officer, agent or employee of the Town of Canandaigua 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 Town of Canandaigua as a result
of any act required or permitted in the discharge of his duties under
this chapter shall be defended by the Attorney for the Town until
the final determination of the proceedings therein.
Any person committing an offense against any provision of this
chapter shall be guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both
such fine and imprisonment. The continuation of an offense against
the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
