[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.]
GENERAL REFERENCES
Building construction — See Ch. 68.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
A.
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.
B.
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.
A.
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.
B.
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.[1]
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.
