[HISTORY: Adopted by the Town Board of the
Town of Niagara 9-27-1971 by L.L. No. 4-1971. Amendments noted where
applicable.]
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:
A.
Those whose 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 Town
of Niagara.
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 diseases, 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 town.
J.
Those buildings existing in violation of any provision of Chapter 245, Zoning, of the Town of Niagara or any other ordinance or local law of said town.
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 Code Enforcement Officer and the Board of Appeals
in ordering repair, vacation or demolitions:
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, morals, safety or general welfare
of its occupants, it shall be ordered to be 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 law of the town or statute
of the State of New York, it shall be demolished.
[Added 3-13-1990 by L.L. No. 5-1990]
Before a building or structure is demolished,
a demolition permit shall be obtained from the Code Enforcement Officer's
office on forms provided by that office.
All dangerous buildings within the terms of § 121-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The Code 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.
B.
Inspect any building, wall or structure reported,
as hereinafter provided for, by the Fire or Police Departments of
this town as probably existing in violation of the terms of this chapter.
C.
Notify personally or in writing the owner or some one of the owner's executors, legal representative, agents, lessees or any person, firm, partnership or corporation who is the occupant, mortgagee in possession of the premises, or who shall have exercised dominion and control over said property at the time the property became or was abandoned, dilapidated, deteriorated, decayed or unattractive, 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 of 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 Receiver of Taxes or in the office of the County Clerk, of any building found by him or her to be a dangerous building within the standards set forth in § 121-1 of this chapter that:
[Amended 10-27-2015 by L.L. No. 5-2015]
(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 or exercising dominion and control over said premises may
at his, her, or its own risk repair, vacate or demolish said building
or have such work or act done, provided that any person, firm, partnership
or corporation 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 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.
F.
Appear at all meetings and public hearings conducted
by the Town Board to testify as to the condition of dangerous buildings.
[Amended 5-26-1981 by L.L. No. 2-1981]
G.
Place a notice on all dangerous buildings reading as follows: "This building has been found to be dangerous building by this Code 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 some one of the owner's executors, legal representatives, agents, lessees or any person, firm, partnership or corporation who is the occupant, mortgagee in possession of the premises, or who shall have exercised dominion and control over said premises at the time the property became or was abandoned, dilapidated, deteriorated, decayed or unattractive, 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 any person, firm, partnership or corporation who is the occupant, mortgagee in possession of the premises, or who shall have exercised dominion and control over said premises at the time the property became or was abandoned, dilapidated, deteriorated, decayed or unattractive, or any other person having vested or contingent interest in the same, as shown by the records of the Receiver of Taxes or in the office of the County Clerk, of any building found by me to be a dangerous building within the standards set forth in § 121-1 of this chapter. It is unlawful to remove this notice until such notice is complied with."
[Amended 10-27-2015 by L.L. No. 5-2015]
[Amended 5-26-1981 by L.L. No. 2-1981]
The Town Board shall:
A.
Upon receipt of a report of the Code Enforcement Officer, as provided in § 121-5E of this chapter, give written notice to the owner or some of the owner's executors, legal representatives, agents, lessees or any person, firm, partnership or corporation who is the occupant, mortgagee in possession of the premises, or who shall have exercised dominion and control over said premises at the time the property became or was abandoned, dilapidated, deteriorated, decayed or unattractive, or any other person having a vested or contingent interest in same, either personally or by registered mail, addressed to the last known address, if any, of the owner or some of the owner's executors, legal representatives, agents, lessees or any person, firm, partnership or corporation who is the occupant, mortgagee in possession of the premises, or who shall have exercised dominion and control over said premises at the time the property became or was abandoned, dilapidated, deteriorated, decayed or unattractive, or any other persons having a vested or contingent interest in the same, as shown by the records of the Collector of Taxes of the Town of Niagara and/or the office of the Niagara County Clerk, and said notice shall contain a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring the same to be made safe and secured or removed. Such service is to be made by registered mail, a copy of such notice shall be posted upon the premises. Said notice shall further provide that the person or persons, firm, partnership, or corporation so notified shall appear before the Town Board on a date specified in the notice to show cause why the building or structure reported to be in a dangerous condition should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Code Enforcement Officer's notice provided under this chapter.
[Amended 10-27-2015 by L.L. No. 5-2015]
B.
On the date provided in such notice hear such testimony as the Code
Enforcement Officer or owner or the owner's legal representatives,
executors, agents, lessees or any person, firm, partnership or corporation
who is the occupant, mortgagee in possession of the premises, or who
shall have exercised dominion and control over said premises at the
time the property became or was abandoned, dilapidated, deteriorated,
decayed or unattractive, or any other person having a vested or contingent
interest in the premises, as shown by the records of the Collector
of Taxes of the Town of Niagara and/or the office of the Niagara County
Clerk, shall offer relative to the condition of the building.
[Amended 10-27-2015 by L.L. No. 5-2015]
C.
Make written findings of fact from the testimony offered
pursuant to Subdivision B as to whether or not the building in question
is a dangerous building within the terms of this chapter.
D.
Issue an order, based upon findings of fact, commanding the owner or the owner's legal representatives, executors, agents, lessees or any person, firm, partnership or corporation who is the occupant, mortgagee in possession of the premises, or who shall have exercised dominion and control over said premises at the time the property became or was abandoned, dilapidated, deteriorated, decayed or unattractive, or any other person having a vested or contingent interest in the premises, as shown by the records of the Collector of Taxes of the Town of Niagara and/or the office of the Niagara County Clerk, to repair, vacate or demolish any building found by the Town Board to be in a dangerous condition within the terms of this chapter, and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said dangerous building; or any other person not the owner of said dangerous building having an interest in said building may demolish said dangerous building at his or her own risk, cost and expense 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.
[Amended 10-27-2015 by L.L. No. 5-2015]
E.
If such person, firm partnership or corporation fails to comply with the order provided for in Subsection D hereof, within 10 days of the mailing of the notice and order, the Town Board shall cause such dangerous building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided in § 121-2 of this chapter and shall, with the assistance of the Attorney for the Town, cause all costs of such repair, vacation or demolition to be charged against the land on which such building existed as provided under § 130, Subdivision 16g, of the Town Law of the State of New York, provided that in cases where such procedure is desirable, the Town Board may commence litigation seeking the costs of demolition, including reasonable and necessary legal expenses incidental thereto from the owner, occupant, mortgagee in possession or other person, firm, partnership or corporation who shall have exercised dominion and control over said premises, of any building or structure that may now or shall hereafter become dangerous or unsafe to the public, as provided in § 78-b of the General Municipal Law of the State of New York, or cause such costs to be added to the tax rolls as an assessment and lien against the property.
[Amended 10-27-2015 by L.L. No. 5-2015]
A.
Violation of any of the provisions of this chapter
is hereby declared to be an offense against such chapter.
B.
For every violation of any provision of this chapter,
the person violating the same shall be subject to a fine of not more
than $250 or imprisonment not exceeding 15 days, or both.
[Amended 5-19-1998 by L.L. No. 3-1998]
[Amended 5-26-1981 by L.L. No. 2-1981; 7-19-2022 by L.L. No. 3-2022]
In cases where it reasonably appears that there is immediate danger to the life, health, or safety of any person, the Code Enforcement Officer shall report such facts to the Town Board, and the Town Board shall cause the immediate repair, vacation, or demolition of such dangerous building. The costs of such emergency repair, vacation, or demolition of such dangerous building shall be collected in the same manner as provided in § 121-6E hereof. In the event of emergency repairs, vacation, or demolition of a dangerous building, the property owner or another party with a legal interest in the property may bring a New York State civil Article 78 proceeding in New York State Supreme Court, Niagara County, to review the determination to take emergency action with respect to the subject building within 120 days of the Town Board determination to take such action.
[Amended 10-27-2015 by L.L. No. 5-2015]
In cases, except emergency cases, where the owner, occupant, lessee, mortgagee in possession, or person, firm, partnership or corporation exercising dominion and control over said premises is absent from the Town, all notices or orders provided for herein shall be sent by registered mail to the party in interest as described in § 121-5C to the last known address of such party in interest, and a copy of such notice shall be posted in a conspicuous place on the dangerous building to which it relates. Such mailing and posting shall be deemed adequate service.
[Added 10-27-2015 by L.L.
No. 5-2015[1]]
Any person, firm, partnership or corporation who is the owner,
occupant or mortgagee in possession of the premises or who shall have
exercised dominion and control over said premises at the time it became
abandoned, dilapidated, deteriorated, decayed or unattractive shall
be personally liable for the cost of demolition, including any charges
for the termination of the water and sewer lines in those instances
where it is necessary. This section shall be applicable notwithstanding
any fine or penalty imposed pursuant to other provisions of this chapter.
No officer, agent or employee of the Town of
Niagara shall render himself or herself 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 or her duties under
this chapter. Any suit brought against any officer, agent or employee
of the Town of Niagara as a result of any act required or permitted
in the discharge of his or her duties under this chapter shall be
defended by the Attorney for the town until the final determination
of the proceeding therein.
Any volunteer firefighter of any fire district
located within the Town of Niagara may make a report in writing to
the Code Enforcement Officer of any building or structures which are,
may be or are suspected to be dangerous buildings within the terms
of this chapter.
All employees of the Police Department, constables
or any other law enforcement official shall make a report in writing
to the Code Enforcement Officer of any buildings or structures which
are or may be deemed to be dangerous buildings within the terms of
this chapter. Such reports must be delivered to the Code Enforcement
Officer within 24 hours of the discovery of such building.
