[HISTORY: Adopted by the Board of Trustees of the Village of Lake
George 10-18-1972. Amendments noted where applicable.]
For the purpose of this chapter, the terms used herein are defined as
follows:
All buildings or structures which have any or all of the following
defects shall be deemed "unsafe buildings":
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.
Those which, exclusive of the foundation, show 33% or more of damage
or deterioration of the supporting member or members, or 50% or more of damage
or deterioration of the nonsupporting enclosing or outside walls or covering.
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.
Those which have been damaged by fire, wind or other causes so as to
have become dangerous to life, safety, morals or the general health and welfare
of the occupants or the people of the Village of Lake George.
Those which have become or are so dilapidated, decayed, unsafe, unsanitary
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, morals, safety or general
welfare of those living therein.
Those having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human beings who
live or may live therein.
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.
Those which have parts thereof which are so attached that they may fall
and injure members of the public or property.
Those buildings existing in violation of any provision of any local
law or ordinance of this Village.
The following standards shall be followed in substance by the Building
Inspector in ordering repair, vacation or demolition:
A.
If the unsafe building can reasonably be repaired so
that it will no longer exist in violation of the terms of this chapter, it
shall be ordered repaired so as to make it safe and secure.
B.
If the unsafe building is in such condition as to make
it dangerous to the health, morals, safety or general welfare of its occupants,
it shall be ordered to be vacated.
C.
In any case where an unsafe building is 50% damaged or
decayed or deteriorated from its original value or structure, it shall be
demolished and removed; and in all cases where a building cannot be repaired
so that it will no longer exist in violation of the terms of this chapter,
it shall be demolished and removed. In all cases where an unsafe building
is a fire hazard existing or erected in violation of the terms of this chapter
or any ordinance or local law of the Village of Lake George or any law of
the State of New York, it shall be demolished and removed.
All unsafe buildings within the terms of § 86-1 hereof are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The Building Inspector of the Village of Lake George shall:
A.
Inspect or cause to be inspected semiannually, all public buildings, schools, halls, churches, theaters, hotels, motels, tenements, amusement buildings, commercial buildings and manufacturing buildings for the purpose of determining whether any conditions exist which render such places an unsafe building within the terms of § 86-1 hereof.
B.
Inspect any building, wall or structure about which complaints
are filed by any person to the effect that a building, wall or structure is
or may be existing in violation of this chapter.
C.
Inspect any building, wall or structure reported, as
hereinafter provided for, by the Fire Department or Police Department of this
Village as probably existing in violation of the terms of this chapter.
D.
Serve on the owner of a building deemed by said Building
Inspector to be an unsafe building or some one of the owner's executors, legal
representatives, agents, lessees, or any other person having a vested or contingent
interest in the same, a notice containing a description of the premises, a
statement of the particulars in which the building or structure is found to
be unsafe or dangerous and an order requiring same to be made safe and secure
or demolished and removed. Such notice shall be served personally or by certified
mail, addressed to the last known address, if any, on the owner 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 records
of the Receiver of Taxes or in the office of the Warren County Clerk. If such
service be made by certified mail, a copy of such notice shall be posted on
the premises. Any person notified under this subsection to repair and make
safe and secure or to demolish and remove any building shall be given such
reasonable time, not exceeding 30 days, as may be necessary to do, or have
done, the work or act required by such order, and the notice shall clearly
specify such time limit.
E.
Report to the Board of Trustees any noncompliance with the order provided for in Subsection D hereof.
F.
Place a notice on all unsafe buildings reading as follows:
"This building has been found to be an unsafe building by the Building Inspector
of the Village of Lake George. This notice is to remain on this building until
it is repaired, vacated or demolished in accordance with the order which has
been given the owner, occupant, lessee, mortgagee or agent of this building,
and all other persons having an interest in said building as shown by the
land records of the County Clerk of Warren County. It is unlawful to remove
this notice until such order is complied with."
The Board of Trustees of the Village of Lake George shall:
A.
Upon receipt of report of the Building Inspector as provided for in § 86-4E hereof, provide by resolution for a survey of the subject premises, said survey to be made by: an official of the Village of Lake George; a practical builder, engineer or architect to be named by the Board of Trustees; a practical builder, engineer or architect to be appointed by the person or persons notified pursuant to § 86-4D hereof. A copy of such resolution shall be served upon said person or persons by ordinary mail. In the event of refusal or neglect of said person or persons so notified to appoint such surveyor, the two surveyors named shall make the survey. The surveyors shall report to the Board of Trustees whether such building or other structure is unsafe and whether such building or other structure should be repaired and made safe and secure or demolished and removed. The resolution shall state that in the event the building or other structure shall be reported unsafe under such survey, an application shall be made to the Supreme Court of the State of New York pursuant to Subsection B hereof.
B.
In the event said survey shall report the building or
other structure to be unsafe, make application at a special term of the Supreme
Court of the State of New York in the Fourth Judicial District, not less than
five nor more than 10 days after such survey report is received, for an order
determining the building or other structure to be a public nuisance and directing
that it shall be repaired and made safe and secure or demolished and removed.
C.
Post a signed copy of the report of survey on the subject
building or other structure.
D.
Provide compensation of surveyors.
E.
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 building or structure, against the land on which
said building or structure is located.
The owner of any unsafe building who shall fail to comply with any notice or order to repair, vacate or demolish said building given by any person authorized by this chapter to give such notice or order shall be guilty of a violation and, upon conviction thereof, shall be fined not exceeding $200 for each offense, and a further sum of $10 for each and every day such failure to comply continues beyond the date fixed for compliance. The occupant or lessee in possession who fails to comply with any notice to vacate and who fails to repair said building in accordance with any notice given as provided for in this chapter shall be guilty of a violation and, upon conviction thereof, shall be fined not exceeding $200 for each offense, and a further sum of $10 for each and every day such failure to comply continues beyond the date fixed for compliance. Any person removing the notice provided for in § 86-4F hereof, or the report provided for in § 86-5C hereof, shall be guilty of a violation and, upon conviction, shall be fined not exceeding $200 for each offense.
The Village Attorney of the Village of Lake George shall:
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an unsafe building as defined herein is immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the Board of Trustees, and the Board of Trustees shall cause the immediate repair, vacation or demolition of such unsafe building. The costs of such emergency repair, vacation or demolition of such unsafe building shall be collected in the same manner as provided in § 86-5E hereof.
No officer, agent or employee of the Village of Lake George shall render
himself personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his duties
under this chapter. Any suit brought against any officer, agent or employee
of the Village of Lake George as a result of any act required or permitted
in the discharge of his duties under the ordinance shall be defended by the
Village Attorney until the final determination of the proceedings therein.
All employees of the Lake George Fire Department shall make a report,
in writing, to the Building Inspector of all buildings or structures which
are, may be or are suspected to be unsafe buildings within the terms of this
chapter. Such reports must be delivered to the Building Inspector within 24
hours of the discovery of such buildings by any employee of the Fire Department.
All employees of the Police Department of the Village of Lake George
shall make a report, in writing, to the Building Inspector of any buildings
or structures which are, may be or are suspected to be unsafe buildings within
the terms of this chapter. Such reports must be delivered to the Building
Inspector within 24 hours of the discovery of such buildings by any employee
of the Police Department.
An ordinance entitled "Unsafe Buildings" (former Chapter
64 of the Code of the Village of Lake George), adopted by the Board of Trustees
of the Village of Lake George on March 15, 1972, is hereby rescinded, except
that this rescission shall not affect or prevent the prosecution or punishment
of any person for any act done or committed in violation of said ordinance
hereby rescinded prior to the taking effect of this chapter.
