City of Corning, NY Dangerous and Unfit Buildings

Editor's Note: This ordinance also stated that it shall become effective 1-1-2007.

General. No person, firm, corporation or association owning, possessing or controlling a building, structure or premises in the City of Corning shall permit, suffer or allow said building, structure or premises now or hereafter to become dangerous or unfit to the public from any cause whatsoever.

Designation of unfit. "Unfit premises" shall be any premises within the scope of this section having any of the following defined defects and may be designated by the Code Enforcement Officer as unfit for human habitation or dangerous to human life or detrimental to health and may be so placarded:

(1)

Those whose interior 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.

(2)

Those which, exclusive of the foundation, show damage or deterioration of the supporting members or damage or deterioration of the nonsupporting enclosing or outside walls' covering.

(3)

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.

(4)

Those which have been damaged by fire, wind or other causes as to become dangerous to life, safety or the general welfare of the occupant or the people of the City of Corning.

(5)

Those which have become or are so damaged, dilapidated, decayed, unsafe, unsanitary, or vermin infested 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 disease so as to work injury to the health, safety or general welfare of the occupants.

(6)

Those having illumination, ventilation, sanitation, heat or other facilities which are inadequate to protect the health, safety or welfare of the occupants or the public.

(7)

Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.

(8)

Those which have parts thereof which are so unattached that they may fall and injure members of the public or property.

(9)

Those which, because of their condition or failure of the owner or occupant to comply with such notice or orders issued pursuant to this code, are unsafe, unsanitary or dangerous.

(10)

Those which, because of the location, general conditions, state of premises or number of occupants, are so unsanitary, unsafe, overcrowded or otherwise detrimental to the health and safety that they create a serious hazard to the occupants or the public.

Designation of dangerous. "Dangerous premises" shall be any premises within the scope of the code having any of the following defined conditions and may be designated by the Code Enforcement Officer as dangerous or hazardous conditions and may be so placarded:

(1)

Any condition which is liable to cause or contribute to the spread of fire in any premises, building or structure or endanger any person.

(2)

Any condition which would interfere with the efficiency or use of any fire-protection equipment.

(3)

Any obstruction to a fire escape, stairway, passageway, door or window in premises likely to interfere with the means of egress of the occupants or the operation of the Fire Department in case of fire or other emergency.

(4)

Any accumulation of dust or waste materials in air-conditioning or ventilating systems.

(5)

Any accumulation of grease in kitchen facilities, including but not limited to exhaust ducts, cooking equipment or oil, grease or dirt upon, under or around any mechanical equipment.

(6)

Any accumulation of rubbish, waste, paper shavings or other combustible material which results in a dangerous or hazardous condition.

(7)

Any condition arising from the defective installation or improper use of electrical wiring, equipment or appliances.

(8)

Any condition arising from defective or improperly installed equipment for handling, storing or using combustibles, explosives or otherwise hazardous materials.

(9)

Any condition caused by the presence of dangerous or unlawful amounts of combustible, explosive or otherwise hazardous materials.

(10)

Any building or structure which lacks sufficient exit facilities, an automatic fire-extinguishing system, a fire alarm system or fire-extinguishing equipment and thereby creates a hazardous or dangerous condition.

(11)

Any building or structure which, for the want of repairs or by reason of age or dilapidated condition or by reason of fire or any other cause, creates a hazardous or dangerous condition.

(12)

All equipment, materials, processes or operations which are in violation of the provisions of this Code.

Endangering buildings. All buildings or structures, or any part or parts thereof, or any excavation made below the surface of the ground which becomes or is abandoned, dilapidated, deteriorated, decayed or unattractive from any cause so as to endanger the health, safety or welfare of the public shall be repaired, demolished or removed in accordance with the terms of this chapter.

Inspection and report. The Code Enforcement Officer, or his/her designee, shall cause an inspection of any premises alleged to be in violation of Subsection A to be made, and said officer shall thereafter prepare and file in the Code Enforcement Office a report of such inspection.

Determination. When it shall be determined by the Code Enforcement Officer, or his/her designee, that a building or structure, or any part or parts thereof, is not in compliance or conformity with the provisions of § 100-3A of this chapter, the Code Enforcement Officer shall immediately serve notice upon the owner and all other persons having interest in such property or structure as hereinafter provided.

Contents of notice. The aforementioned notice shall contain the following:

(1)

A description of the premises;

(2)

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

(3)

An order of the Code Enforcement Officer, or his/her designee, requiring the same to be repaired, demolished or removed;

(4)

A statement that if such owner so served shall fail to commence to repair, demolish or remove such building or structure within 30 days from the service of such notice, the City will repair, demolish or remove such building or structure and that all costs and proceedings to repair, demolish or remove such building or structure, including the cost of actually repairing, removing or demolishing the same, will be assessed against the land on which such building or structure is located; and

(5)

The place and time of the hearing as provided in § 100-3F.

Service of notice. The aforementioned notice by the Code Enforcement Officer shall be served in either of the following ways:

(1)

Personally upon the owner and all other persons having an interest in such property or structure; or

(2)

By registered mail, in a securely fastened, postpaid wrapper, addressed to the owner and to all persons having an interest in such property or structure at his/her last known address, as shown by the records of the City Assessor, City Finance Director or Clerk of the County of Steuben. The Code Enforcement Officer shall also post or cause to be posted a copy of the notice on the premises involved.

Hearings. The notice aforementioned shall also contain the time and place at which a hearing will be granted before the Director of Planning and Economic Development, or his/her designee, to the owner and such other persons having interest in the property or structure described in the notice, at which time and place the owner and such other persons having interest in the property or structure shall be afforded the opportunity to present testimony and evidence regarding the conditions of the property with reference to those particulars contained in the aforementioned notice which are alleged by the Code Enforcement Officer to endanger the health, safety or welfare of the public; the time of such hearing shall be specified on the date no sooner than five days after the service of the notice and no later than the 10th day after service.

Determination after hearing. If the owner or any person having an interest in the property or structure involved submits evidence at such hearing before the Director of Planning and Economic Development, or his/her designee, he/she shall make further determination which shall:

(1)

Affirm the original determination; or

(2)

Modify the specifications of the original determination; or

(3)

Vacate the original notice.

Notice after determination. In the event that the Director of Planning and Economic Development, or his/her designee, shall affirm or modify the original determination, notice thereof shall be served upon those who appeared at the hearing in the manner prescribed by § 100-3E of this chapter within three days after the hearing, and the order to repair, remove or demolish in the original notice shall remain in full force and effect subject only to those specifications modified pursuant to this section.

Filing notice in the County Clerk's office. The Director of Planning and Economic Development, or his/her designee, shall file a copy of the notice provided for under § 100-3E hereof in the office of the County Clerk of the County of Steuben within 10 days after service under § 100-3E is complete. Such 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 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 City Attorney. The Clerk of the County of Steuben 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. Where the Director of Planning and Economic Development, or his/her designee, determines to vacate the original notice pursuant to § 100-3F, the City Attorney shall forthwith file a consent thereto pursuant to the above.

Records. The Code Enforcement Officer shall keep in his office a record of all buildings not in compliance with Subsection A hereof, with additional information showing the action taken by said Code Enforcement Officer, from time to time, relative to each property, and, by not later than April first of each year, report to the City Finance Director all premises upon which work has been performed by the City, the name of the owner and the expenses incurred in the repair, demolition or removal that are unpaid, whereupon the City Finance Officer shall order the assessment against such premises for several sums so reported.

Emergency. In the case of an emergency which, in the opinion of the Code Enforcement Officer, or his/her designee, involves imminent danger to human life or health, the Code Enforcement Officer shall promptly cause such building, structure or portion thereof to be made safe and secure or removed. For this purpose, the Code Enforcement Officer may at once enter such structure or land on which it stands or abutting land or structure, with such assistance and at such costs as may be necessary. The Code Enforcement Officer may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary and, for this purpose, may close a public or private way. In case of such an emergency, the Code Enforcement Officer shall file a notice as provided under Subsection I hereof.

Agreements. If the Code Enforcement Officer proceeds to execute a notice of order issued for the repair, removal or demolition of such building or structure, the City Manager, or his/her designee, may execute agreements within budgeted allocations in accordance with the provisions of any laws, rules, regulations or ordinances of the City or state.

Personal liability. Any person, firm, partnership or corporation who is the owner, occupant or mortgagee in possession of premises or who shall have exercised dominion and control over said premises at the time they became abandoned, dilapidated, deteriorated, decayed or unattractive shall be personally liable for the cost of demolition, including incidental charges for the plugging of water and sewer lines in those instances where it is necessary for the City of Corning to cause said work to be done. This subsection shall be applicable notwithstanding any fine or penalty imposed pursuant to the provisions of this chapter.

Unsafe buildings and structures.

(1)

Unsafe buildings and structures: any premises within the scope of this section described as follows:

(a)

A building or structure, or part of a building or structure, including any service equipment therein or attached thereto or any facilities which are a part thereof, that is dangerous or unsafe structurally or as a fire hazard or otherwise, or is dangerous or detrimental to health or life, shall be demolished and removed or made safe and secure.

(b)

A vacant building or structure not continuously guarded or boarded up, which is not safe and secure from unauthorized entry or use, shall be deemed dangerous or unsafe and a fire hazard or dangerous or detrimental to health or life.

(c)

A vacant building or structure boarded up for a period of one year shall, at the expiration of such period, in the absence of competent and relevant evidence being furnished to the contrary, be presumed to be a fire hazard and dangerous and unsafe.

(2)

When, in the opinion of the Code Enforcement Officer, there is imminent danger of the failure or collapse of a building or structure or any part thereof which endangers life or property or when a building or structure or part thereof has fallen or collapsed and renders occupancy of the premises dangerous or unsafe, the Code Enforcement Officer shall have the right to require the occupants to vacate the same forthwith and order the demolition of the building or structure or any part thereof. In such cases, the Code Enforcement Officer shall immediately cause a notice to be posted conspicuously at or about such premises, reading substantially as follows: "THESE PREMISES ARE DANGEROUS AND UNSAFE AND THEIR USE OR OCCUPANCY IS PROHIBITED," and thereafter no person shall enter upon such premises except for the purpose of making required repairs or demolishing the unsafe building or structure or part thereof or for the purposes of inspection in connection therewith.

(3)

The Code Enforcement Officer shall order any owner of any building that is dangerous or detrimental to health to immediately board up the entranceway and windows of such building, and if such owner shall fail to comply within 10 days from the date of the order, the Code Enforcement Officer shall board up such buildings and assess board-up costs against the premises in accordance with § 76-23E of the City of Corning Code Enforcement Law.

Recovery of costs. Costs incurred by the Code Enforcement Officer in eliminating or removing nuisances and dangerous and unsafe conditions shall be paid for by the City's Finance Director out of the City's treasury upon certification by the Code Enforcement Officer. Such costs shall be charged against the premises and shall constitute a lien thereon in favor of the City, and the amount of such costs shall be entered on the tax rolls as being due and payable, and interest at the rate of 12% per annum shall be payable thereon and shall accrue from the date of the payment thereof by the City. Such costs may also be recovered in any lawful manner.