[HISTORY: Adopted by the Board of Trustees of the Village of Fultonville 12-5-1984 by L.L. No. 2-1984. Amendments noted where applicable.]
Building construction — See Ch. 68.
As used in this chapter, the following terms shall have the meanings indicated:
- UNSAFE BUILDING
- Any building or structure the physical condition of which is so dilapidated or fire damaged or unsanitary or dangerous as to constitute a danger to the health, safety or general welfare of the inhabitants of the Village of Fultonville, New York.
There are now or may in the future be, in the Village of Fultonville, New York, unsafe buildings which constitute a menace to the safety, health and general welfare of the inhabitants of the Village of Fultonville, New York, or constitute a fire menace or which are now or may be public nuisances, and the provisions of this chapter regulating such unsafe buildings are promulgated in order to protect the safety, health and general welfare of the inhabitants of said Village of Fultonville, New York.
The Board of Trustees of this village shall appoint an inspector, whose duties shall be performed by the Zoning/Code Enforcement Officer of said village and whose duties it shall be to carry out the obligations of this chapter in respect to inspections and reports of unsafe buildings in business, industrial and residential sections of said village. At least once each calendar year said inspector shall examine all buildings in said village to determine whether any such building shall be subject to the terms of this chapter and in addition to such regular annual examination, such inspector shall inspect, examine and report in respect to any building as to which his attention is directed by the Board of Trustees or other duly constituted officer of said village.
In the event that any building in the business, industrial or residential section of said village, from any cause, may now be or shall hereafter become an unsafe building, it shall be the duty of the owner thereof to repair or remove the same. In the event of the failure of the owner of such building to repair or remove the same, then it shall be the duty of said inspector to make a complete inspection of said building and report the condition of same to the Board of Trustees of said village. Upon receipt of such report, the Board of Trustees of said village shall cause a notice to be served on the owner of said building or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the 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 other person having a vested or contingent interest in the same, as shown by the records of the receiver of taxes and/or in the office of the County Clerk or County Register, which said notice shall contain a description of the premises, a statement of the particulars in which the building or structure is unsafe, and an order by said Board of Trustees requiring the same to be made safe and secure or removed. If service of such notice shall be made by registered mail, then a copy of such notice shall also be posted on said premises.
Said Board of Trustees shall provide, and such notice shall contain and set forth, a time within which the person so served shall commence and complete the securing or removal of such building or structure, which said time shall be at least 10 days from the date of personal service of such notice or at least 15 days from the date of mailing such notice by registered mail and posting a copy thereof on the premises as aforesaid.
Such notice shall also state that in the event that said building or other structure shall be reported unsafe pursuant to the survey hereinafter mentioned, an application will be made at a special term of the Supreme Court in the Judicial District in which the Village of Fultonville, New York, is located, not less than five nor more then 10 days after such report, for an order determine the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.
In the event of the neglect or refusal of the person so served with such notice to comply with the same, the Board of Trustees of said village shall cause a survey to be made of the premises by an official of the village and a particular builder, engineer or architect to be named by said Board of Trustees, and a practical builder, engineer or architect appointed by the person notified as above; and in the event of such refusal or neglect of the person so notified to appoint such surveyor, the two surveyors named by said Board of Trustees shall make the survey and report.
It shall be the duty of such surveyors to report, in writing, to the Board of Trustees of said village within five days of the completion of such survey; and such written report shall be filed with the Village Clerk/Treasurer of said village. Such report shall be signed by said surveyors. No later than five days after filing such report as aforesaid, said village shall cause a signed copy thereof to be posted on the premises so surveyed.
It shall be an obligation of the Village of Fultonville, New York, to pay just and reasonable compensation for such survey and report to said surveyors and all of them.
All costs and expenses incurred by the Village of Fultonville, New York, in connection with any of the proceedings above mentioned, including inspection, survey, report and court proceedings for removal of such building or structure, including the cost of actually removing such building or structure, shall be assessed against the lands on which said buildings or structures are located and shall be collectible as any other tax or assessment thereon, including an action at law or tax sale and foreclosure, or at the option of said village may be collected in action at law in the same manner as a money judgment.
In addition to the above assessed costs, any person violating the provisions of this chapter will be guilty of an offense and, upon conviction thereof, shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment. Each days' continuation of the offense shall be considered a separate offense.
Nothing in this chapter shall be construed to in any way limit, prohibit or prevent the exercise of any emergency power now possessed or hereafter to be possessed under law by the Mayor or other official of said village for the prompt removal of nuisances and hazards in case of emergency.