§ 78-4Standards for repair; vacation; demolition.
§ 78-5Dangerous buildings as public nuisances.
§ 78-6Standards for maintenance of premises.
§ 78-7Inspections and notice.
§ 78-8Hearing by Board of Trustees; findings; order of compliance.
§ 78-9Assessment against property; inclusion on tax bill.
§ 78-10Civil penalties.
§ 78-11Penalties for offenses.
The purpose of this chapter is to protect the health, welfare and safety of the inhabitants of the Village of Churchville and also to protect property values of adjoining property owners, whose property value may decline due to a failure of any property owner to properly care for or maintain their property, and to provide basic and uniform standards governing the condition, occupancy and maintenance of property within the village, including, but without limitation thereof, the right to demolish and remove unsafe structures.
The Board of Trustees of the Village of Churchville hereby determines that the demolition, vacating, repair or removal of unsafe and dangerous buildings and the proper maintenance of all properties within the village is, and shall be, in the best interests of the public and therefore provides in this chapter for such demolition, vacating, repair or removal of such buildings, and the cleanup of improperly maintained premises and for the assessing of the costs thereof against the owner of the premises.
As used in this chapter, the following terms shall have the meanings indicated:
- DANGEROUS BUILDINGS
- All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings":
Those whose interior or exterior walls or other vertical structural members list, lean or buckle to such an extent that an unsafe structural condition exists.
Those which, exclusive of the foundation, show 33% or more of damages 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, rain or other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the residents of the Village of Churchville.
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, 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 evacuation.
Those which have parts thereof which are so attached that they may fall and injure members of the public, the occupants thereof or other property.
Those which because of their conditions are unsafe, unsanitary or dangerous to the health, safety or general welfare of the residents of the Village of Churchville.
Those which have substantial violations of the Village of Churchville Zoning OrdinanceEditor's Note: See Ch. 108, Zoning.
- IMPROPERLY MAINTAINED PREMISES
- Any lands within the Village of Churchville which are overgrown or uncut and not maintained periodically and on a regular basis and which contain brush, grass, rubbish, weeds, debris, garbage, noxious weeds, long grass or weeds or any other rank growth or discarded materials.
The following standards shall be followed in substance by the Code Enforcement Officer of the Village of Churchville in ordering repair, vacation or demolition:
If the dangerous building or structure can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired.
If the dangerous building or structure is in such condition as to make it dangerous to the health, safety or general welfare of its occupants or the residents of the Village of Churchville, it shall be ordered to be vacated and may be ordered to be demolished.
In any case where a dangerous building or structure 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 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 nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
All lands within the village shall be maintained in accordance with generally acceptable standards within the village, and if, upon inspection by the Code Enforcement Officer, they are found to be improperly maintained premises as defined in this chapter, then the Code Enforcement Officer shall proceed to enforce the provisions of this chapter regarding maintenance under the provisions of § 78-7 herein.
The Code Enforcement Officer of the Village of Churchville shall, upon direction of the Board of Trustees or upon the direction of the Village Clerk or Village Superintendent, or upon receiving information concerning complaints against any particular owner or building or premises, or based upon his own knowledge, inspect or cause to be inspected any such building or premises for the purpose of determining whether any such aforesaid conditions exist which render such place or places a dangerous building or the premises improperly maintained within the meaning of this chapter.
The Code Enforcement Officer shall inspect any building, wall or structure or premises about which complaints are filed by any person or any official or authority.
The Code Enforcement Officer shall thereafter notify, in writing, by ordinary mail, or serve personally, the owner, occupant, lessee or agent and all persons having an interest in the said building or premises as are known to the Code Enforcement Officer of any building or premises found by him to be a dangerous building or improperly maintained premises within the standards set forth in this chapter, and such notice in regard to unsafe buildings shall provide that:
The owner must vacate or repair or demolish said building in accordance with the provisions of this chapter.
The occupant or lessee must vacate the said building or may provide to have it repaired in accordance with the notice and thereafter remain in possession with the approval of the Code Enforcement Officer.
Any person notified under this section to repair, vacate or demolish any building shall be given a reasonable time, not exceeding 30 days, as may be necessary to do or have the work started or the act completed as required by the notice provided for herein, and to have the building otherwise brought into compliance with Chapter 108, Zoning, of the Code of the Village of Churchville and any and all local and state building and fire protection laws. Completion shall be within 90 days.
Such notice shall state therein a brief description of the building or structure deemed to be unsafe and 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 as may be provided herein, not exceeding 120 days, which includes the thirty-day period to start the project and the 90 days to complete it. Such notice shall read as follows:
|"This building has been found to be a dangerous building by the Code Enforcement Officer of the Village of Churchville. This notice is to remain on the building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee or agent of this building and all persons having an interest in this building as known by the Code Enforcement Officer. It shall be unlawful to remove this notice until such notice is complied with."|
In all cases of improperly maintained premises, the notice shall state that the premises shall be properly maintained, and any person notified under this section shall have 15 days to bring the premises into compliance. Such notice shall contain a brief description of the premises and its address and a description of the work necessary to be done to bring the premises into compliance with this chapter.
In all cases, reasonable diligence shall be used to give such notices as are required herein by ordinary mail upon the owner, occupant, lessee or agent, or any other person or persons as the Code Enforcement Officer or Board of Trustees know may have an interest in said premises, but if such individual or individuals are absent or unable to be found, then such notice shall be deemed to be sufficiently served by mailing such notice to such of the individuals as stated herein at their last known address and posting copies thereof on the premises, and such mailing and posting shall be deemed to be adequate service.
The Code Enforcement Officer shall serve a copy of such notice upon the Board of Trustees of the Village of Churchville, and upon receipt of such notice the Board of Trustees of the Village of Churchville shall give written notice, by ordinary mail, or serve personally, the owner, occupant, lessee or agent or any other persons whom they know have an interest in the said building or premises, to appear before the Board of Trustees on a date specified not less than 10 days nor more than 30 days from the date thereof to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished or the premises brought into compliance in accordance with the particulars set forth in the notice previously sent by the Code Enforcement Officer.
The Board of Trustees shall thereafter hold a hearing on such date specified to hear such testimony as the participants to the proceeding or any persons having an interest in the building or premises may submit.
The Board of Trustees shall thereafter make written findings from the testimony offered and make a determination as to whether or not the building in question is a dangerous building or the premises are improperly maintained within the terms of this chapter.
If the Board of Trustees finds that the building is a dangerous building and should be demolished, vacated or repaired, then the Board of Trustees shall issue a written order directing either the owner, occupant, lessee, agent or other persons known to have an interest in the building to repair, vacate or demolish the building found to be dangerous within the provisions of this chapter. Such order may be served personally or by ordinary mail. If the individuals so receiving such order fail to comply with the order within 15 days, then the Board of Trustees may cause such building or structure to be repaired, vacated or demolished as the facts may warrant and shall cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a lien against such premises. Such costs shall be added to the tax amount otherwise imposed upon said property.
If the Board of Trustees finds that the premises are improperly maintained, then they shall issue an order directing either the owner, occupant, lessee, agent or other person known to have an interest in the premises to maintain and otherwise bring their premises into compliance with this chapter regarding maintenance of premises, and upon failure to comply with the order within 15 days, then the Board of Trustees may cause such premises to be brought into compliance, and the costs thereof shall be a lien against the premises and added to the tax amount otherwise imposed upon said property. Such order may be served personally or by ordinary mail.
In all cases where the Board of Trustees finds that delay is dangerous or unsafe to the Village of Churchville or to the residents therein or other buildings or structures adjacent to the building in question, then the Board of Trustees shall have the authority to immediately demolish the building as aforesaid and assess the costs of such demolition against the land.
Whenever an owner of property within the Village of Churchville is required under the provisions of this chapter to demolish, repair or improve such premises or to properly maintain them, and such owner shall fail to demolish or make such repairs or improvement or perform the work required or maintain the premises, and the Village of Churchville shall cause such work or act to be performed on such property, or a contract has been awarded therefor by the Board, the cost of such work may be assessed, levied and collected as provided for herein.
Upon receiving the name or names of such defaulting persons, the Village Clerk shall thereafter cause a written notice to be served, either personally or by ordinary mail, upon the owner of the property involved, at their last known address, stating that at a time and place therein specified, the Village Clerk will assess such costs and/or delinquencies or default amounts against the property. Such notice shall be served at least 10 days prior to the time specified therein.
At the time and place so specified, the Village Clerk shall hear the parties interested and shall thereupon complete the assessment, stating therein the name of the owner and the amount so assessed, and shall return the assessment and the report thereon to the Village Board.
Such Village Board shall certify such assessment to the Village Assessor, who shall cause the amount therein stated to be levied against such property and any uncollected assessments shall be a lien upon the land affected.
Such amount shall be levied and collected at the same time and in the same manner as other village taxes and shall be paid to the Village of Churchville and be applied to reimbursing the fund or funds from which such cost was originally defrayed.
If such notice is served against a corporation, it may be served upon the corporation at its principal place of business, place of business of an agent of a corporation within the village, or upon the Secretary of State. Notice served upon the Secretary of State shall be served at least 14 days previous to the time specified therein.
Any person who violates any of the provisions of or who fails to perform any duty imposed by this chapter, or any order or determination of the Village of Churchville Board of Trustees or Code Enforcement Officer or Village Clerk under this chapter, or the terms of any notice, requirement or order issued hereunder, shall be liable to the Village of Churchville for a civil penalty not to exceed the maximum amount allowed by law for each such violation, to be assessed after a hearing held in conformance with the procedures set forth in this chapter. Each violation shall be separate and distinct violation, and in the case of continuing violation, each day's continuance thereof shall be deemed a separate and distinct violation. Such penalty may be recovered in an action brought by the Village of Churchville Attorney at the direction of the Village of Churchville Board of Trustees in the name of the Village of Churchville in any court of competent jurisdiction. In addition to the above-described penalty and damages, the Village of Churchville may recover reasonable attorney's fees, court costs and other expenses associated with the enforcement activities. Such civil penalty may be released or compromised by the Village of Churchville Board of Trustees before the matter has been referred to the Village of Churchville Attorney, and where such matter has been referred to the Village of Churchville Attorney, any such penalty may be released or compromised, and any action commenced to recover the same may be settled and discontinued by the Village of Churchville Attorney, with the consent of the Board of Trustees.
Any person who willfully violates any provision of this chapter or any final determination or order of the Village of Churchville Code Enforcement Officer or Board of Trustees made in accordance with this chapter shall, in addition, be guilty of a violation, and upon conviction thereof shall be punished by a fine equal to the maximum allowed by law. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense. In the event of a second or any subsequent convictions, the user shall be punishable by a maximum fine as allowed by law.