[HISTORY: Adopted by the Board of Trustees of the Village of Canastota 10-18-1976 by L.L. No. 15-1976. Amendments noted where applicable.]
[Amended 6-2-2008 by L.L. No. 3-2008]
The owner or person having any interest in any wall, building, structure, foundation or unsafe equipment in the Village of Canastota which for any reason shall have become unsafe, dangerous or unsightly or in any way endangers the health, safety or welfare of the public shall, upon being directed thereto by the Board of Trustees, forthwith repair or remove the same.
Whenever any wall, building or other structure has in any manner become unfit for occupancy or shall be unsafe, detrimental or dangerous to the public health, safety or general welfare, upon inspection and report by the Village Building Inspector, Engineer and/or Health Officer to the Board of Trustees and hearing held thereon, as hereinafter set forth, the Board of Trustees may declare the premises a public nuisance and order the owner, or person or persons having an interest therein, to repair or remove said wall, building, structure or foundation and to clear away any and all debris caused thereby and to fill in the excavation to the lot level, requiring same to be made safe and secure. After having received and placed on file the report of the Village Building Inspector, Engineer and/or Health Officer, the Board of Trustees, if it appears that a nuisance exists, shall hold a hearing thereon and shall serve notice upon the owner and all others having an interest therein of the unsafe condition and the time and place of said hearing. The service of said notice shall be either by personal service or by registered mail, addressed to the last known address as shown by the records of the Village Assessor's office. Said notice shall contain a description of the premises and a clear and concise statement of the particulars in which the building or structure is unsafe or dangerous; shall set forth the date, time and place for a hearing thereon before the Board of Trustees; and shall be served at least 10 days prior to said hearing. If such service is by registered mail, a copy of said notice shall also be posted by firmly affixing a copy thereof on said premises. If it appears upon said hearing that an unsafe condition does in fact exist, then the Village Board shall declare it to be a nuisance and order the repair or removal at or before a time to be fixed by it. Notice of said determination and the order of the Board of Trustees shall be served upon the owner and other persons having an interest therein in the same manner as the original notice hereinbefore set forth.
A copy of said original notice shall be filed in the office of the County Clerk of the County of Madison 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, except as otherwise hereinafter provided in this subsection. 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 on the order of the Judge or Justice of a court of record or upon the consent of the Village Attorney.
Where the identity and/or whereabouts of the owner of said building is unknown, then the notice shall be published in two newspapers, at least one in the English language, designated by the Board of Trustees as most likely to give notice to the person to be served at least once in each of four successive weeks. Service shall be complete on the 28th day after the day of first publication, and the hearing shall be held not less than 10 days after service is complete nor later than 30 days thereafter. Proof of said publication shall be filed with the Board of Trustees.
In the event that such owner or other interested person fails or refuses to repair or remove said building or structure within the time provided, the Board of Trustees may cause the repair or removal of said building, wall or structure, fill in the excavation and level the property and assess the cost thereof against said property; and said cost shall thereupon become a lien against the property and be collectible in the same manner as taxes levied thereon or by civil action.
Any person who shall neglect or refuse to comply with the directions of the Village Board shall, upon conviction, be liable to a penalty of $25 for every 24 hours such neglect or refusal shall continue.
In addition to the remedies hereinafter set forth, an action or proceeding may be maintained in a court of competent jurisdiction to compel compliance with or to restrain by injunction any violation of this chapter and any order or finding made hereunder.
This chapter is not intended to abrogate, diminish or abolish any rights, powers, causes of action or authority heretofore accrued or vested in the Village of Canastota or any portion thereof or any of its inhabitants.
This chapter shall take effect upon same being filed with the Secretary of State.