Village of Victor, NY Buildings, Unsafe

The purpose of this chapter is to promote the public health, safety and general welfare of the residents of the Village of Victor and conservation of property and property values and to eliminate safety and health hazards.

§ 58-2.1 Compliance with state law.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The provisions of this chapter shall be in addition to, and in furtherance of, the New York State Uniform Fire Prevention and Building Code, including, but not limited to, Sections 108 and 109 of the Property Maintenance Code of New York State.

§ 58-3 Prohibitions; abatement.

All buildings or structures which are structurally unsafe, dangerous, unsanitary or not provided with adequate egress or which, in relation to existing use, constitute hazards to safety or health by reason of inadequate maintenance, dilapidation, damage by fire or other cause, obsolescence or abandonment are, severally, for the purpose of this chapter, unsafe buildings. All such buildings and structures are hereby declared to be illegal and are prohibited and shall be abated by repair and rehabilitation or by demolition and removal in accordance with the procedures of this chapter.

§ 58-4 Inspection; report.

[Amended 10-20-2003 by L.L. No. 2-2003]

When, in the opinion of the Code Enforcement Officer or Village Engineer or other person so designated by the Village Board, any structure located in the Village shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in the Village Clerk's office.

§ 58-5 Service of notice.

[Amended 10-20-2003 by L.L. No. 2-2003]

When it shall be determined by the Code Enforcement Officer or other party referred to in § 58-4 that a building or structure is dangerous or unsafe to the public, he shall promptly serve or cause to be served a notice on the owner or other persons having an interest in such property or structure as hereinafter provided.

The aforementioned notice shall be served on the owner of the premises or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same, as shown by the last completed assessment roll of the town, either personally or by registered mail, addressed to the person intended to be served at the last known place of business. If the notice is served by registered mail, the Code Enforcement Officer or other party referred to in § 58-4 shall cause a copy of such notice to be posted on the premises.

§ 58-6 Contents of notice.

The notice referred to in § 58-5 hereof shall contain the following:

A description of the premises.

A statement of the particulars in which the building or structure is unsafe or dangerous.

An order requiring the building or structure to be made safe and secure or removed.

A statement that the securing or removal of the building or structure shall commence within 10 days from the date of the service of the notice and shall be completed within 30 days thereafter. The Code Enforcement Officer or other party referred to in § 58-4 may extend the time of compliance specified in the notice where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Code Enforcement Officer or other party referred to in § 58-4 may impose such conditions as he may deem appropriate.

[Amended 10-20-2003 by L.L. No. 2-2003; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A statement that, in the event of the neglect or refusal of the person served with notice to comply with same, a hearing will be held before the Victor Village Board, notice of which and the time and place thereof to be specified in the notice to the owner referred to in § 58-5 hereof.

A statement that, in the event that the Village Board, after the hearing specified in Subsection E hereof, shall determine that the building or structure is unsafe or dangerous to the public, the Village Board may order the building or structure to be repaired and secured or taken down and removed.

A statement that, in the event that the building or structure shall be determined by the Village to be unsafe or dangerous and in the event of the neglect or refusal of the owner to repair or remove the same within the time provided, the Village may remove such building or structure by whatever means it deems appropriate and assess all costs and expenses incurred by the Village in connection with the proceedings to remove or secure, including the cost of actually removing said buildings or structure, against the land on which said buildings or structures are located.

§ 58-7 Filing of notice.

A copy of the notice referred to in § 58-6 hereof may be filed with the County Clerk of the county within which such building or structure is located, which notice shall be filed by such Clerk 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 section. 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 upon the order of a Judge or Justice of a court of record or upon the consent of the Village Attorney. The Clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record, upon the presentation and filing of such consent or of a certified copy of such order.

§ 58-8 Emergency provisions; notice.

[Amended 10-20-2003 by L.L. No. 2-2003; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

If the Code Enforcement Officer or other party referred to in § 58-4 determines in his inspection of any building or structure that there is actual and immediate danger of failure or collapse so as to endanger life, he shall promptly require the building, structure or portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed, inspected and approved by the Code Enforcement Officer or other party referred to in § 58-4. For this purpose, he may enter such building or structure or land on which it stands or adjoining land or structures with such assistance and at such cost as may be necessary. He may also order adjacent structures to be vacated and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a private or public right-of-way. The Code Enforcement Officer or other party referred to in § 58-4 shall cause to be posted at each entrance to such building or structure a notice stating: "This building is unsafe, and its use or occupancy has been prohibited by the Code Enforcement Officer or other party referred to in § 58-4." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation, or their agents or other persons, to remove such notice without written permission of the Code Enforcement Officer or other party referred to in § 58-4 or for any person to enter the building except for the purpose of making the required repairs or the demolition thereof.

§ 58-9 Costs and expenses.

[Amended 10-20-2003 by L.L. No. 2-2003]

All costs and expenses incurred by the Village of Victor in connection with any proceeding or any work done to remove the danger or in connection with the demolition and removal of any such building or structure shall be assessed against the land on which such building or structure is located, and a statement of such expenses shall be presented to the owner of the property, or, if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Code Enforcement Officer or other party referred to in § 58-4 may file a certificate of the actual expenses incurred and the owner thereof, with the Assessor of the Town of Victor, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Village of Victor.

§ 58-10 Penalties for offenses.

Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of an offense punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment. Each week's continued violation shall constitute a separate additional offense or violation.

Nothing in this chapter shall be construed as depriving the Village of any other available remedy relevant to a violation of this chapter.