[HISTORY: Adopted by the Board of Trustees of the Village of Norwood 11-12-1974
by L.L. No. 1-1974. Amendments noted where applicable.]
The purpose of this chapter is to promote and preserve the health, welfare
and property of residents of and owners of property located within the Village
of Norwood by providing a method for the removal or repair of buildings and
structures within the limits of said Village that, from any cause, may now
be or shall hereafter become dangerous or unsafe to the public.
[Added 12-19-2006 by L.L. No. 1-2006]
As used in this chapter, the following terms shall have the meanings
indicated:
A structure is unfit for human occupancy whenever such structure
is unsafe, unlawful or, because of the degree to which the structure is in
disrepair or lacks maintenance, is unsanitary, vermin- or rat-infested, contains
filth and contamination, or lacks ventilation, illumination, sanitary or heating
facilities or other essential equipment required by the New York State Uniform
Fire Prevention and Building Code, or because the location constitutes a hazard
to the occupants of the structure or to the public.
One that is found to be dangerous to the life, health, property or
safety of the public or the occupants of the structure by not providing minimum
safeguards to protect or warn occupants in the event of fire, or because such
structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe or of such faulty construction or unstable foundation
that partial or complete collapse is possible.
[Amended 12-19-2006 by L.L. No. 1-2006]
No person, firm, corporation or association owning, possessing or controlling
a building or structure in the Village of Norwood shall permit, suffer or
allow said building now or hereafter to be or become dangerous or unsafe to
the public or unfit for human occupation from any cause whatsoever.
All buildings and structures which have any or all of the following
defects shall be deemed unsafe or dangerous within the meaning of this chapter:
A.
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.
B.
Those which, exclusive of the foundation, show 33% or
more of damage or deterioration of the supporting member or members or 50%
of damage or deterioration of the nonsupporting enclosing or outside walls
or covering.
C.
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.
D.
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 Norwood.
E.
Those which have become or are so dilapidated, decayed,
unsafe or unsanitary 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.
F.
Those having light, air, sanitation and heating facilities
which are inadequate to protect the health, morals, safety or general welfare
of human beings who live or may live therein.
[Amended 12-19-2006 by L.L. No. 1-2006]
G.
Those having inadequate facilities for egress in case
of fire or panic or those having insufficient stairways, elevators, fire escapes
or other means of access.
H.
Those which have parts thereof which are so attached
that they may fall and injure members of the public or property.
I.
Those which because of their condition are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the people
of this Village.
J.
Those which are vermin- or rat-infested so as to constitute a
hazard to the occupants of the structure or to the public.
[Added 12-19-2006 by L.L. No. 1-2006]
[Added 12-19-2006 by L.L. No. 1-2006]
A.
No person shall occupy a building that has been found to be unsafe.
B.
Where there is imminent danger of failure or collapse of a building
or structure which endangers life, or when any structure or part of a structure
has fallen and life is endangered by the occupation of the structure, or when
there is actual or potential danger to the building occupants or those in
the proximity of any structure because of explosives, explosive fumes or vapors
or the presence of toxic fumes, gases or materials, or operation of defective
or dangerous equipment, the occupants shall vacate the premises forthwith.
C.
It shall be unlawful for any person to enter a structure determined
to be unsafe except for the purpose of securing the structure, making the
required repairs, removing the hazardous condition or of demolishing the same.
The Code Enforcement Officer of the Village of Norwood shall be the
enforcement officer of this chapter and shall make inspections of all unsafe
buildings and structures within the Village of Norwood. The Code Enforcement
Officer shall report to the Village Board all unsafe buildings and structures
which from time to time may be found within the limits of the Village. When
it shall be reported to the Village Board that a building or structure is
in an unsafe or dangerous condition, the Village Board shall direct the Code
Enforcement Officer to inspect the same and to report the condition of the
same and his finding to the Village Board with all convenient speed.
The Village Board shall thereafter consider the report of the Code Enforcement
Officer and by resolution determine, if in its opinion the report so warrants,
that said building or structure is unsafe and dangerous and order its removal
or repair if the same can be safely repaired and further order that a notice
shall be given to interested persons or corporations in the manner as hereinafter
provided.
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building
or structure is unsafe or dangerous.
C.
An order requiring the same to be made safe and secure
or removed.
D.
A statement that the securing or removal of said buildings
or structures shall commence within 30 days of the serving of the notice,
as hereinafter provided, and shall be completed within 60 days thereafter.
E.
A statement that, in the event of neglect or refusal
of the persons and/or corporations served with the notice to comply with the
same, a survey of the premises will be made by an inspector and architect
or engineer to be named by the Village Board and a practical builder, engineer
or architect appointed by said persons or corporations so notified.
F.
A statement that, in the event of the refusal or neglect
of the persons or corporations so notified to appoint a surveyor, the two
surveyors named by the Village Board shall make the survey and report.
Said notice shall be served in the following manner:
A.
By personal service of a copy thereof upon the owner
or some one of the owners, executors, legal representatives, agents, lessees
or any other person having a vested or contingent interest in the premises,
as shown by the last preceding completed assessment roll of said Village,
such service to be complete, and the thirty-day time period recited in said
notice to commence upon filing of an affidavit of personal service upon the
owner with the Village Clerk; or
B.
By mailing a copy of said notice to such owner as aforesaid,
by certified mail, return receipt requested, addressed to the last known address
of the owner and by affixing a copy of said notice to the premises, such service
to be complete, and the thirty-day time period recited in said notice to commence
10 days after the filing of the return receipt and the affidavit of posting
with the Village Clerk; and
C.
By personal service of a copy of said notice upon any
adult residing in or occupying said premises; or, if no such person can be
reasonably found, by posting a copy of said notice upon the premises.
In the event of neglect or refusal of the persons so notified to comply
with said order of the Village Board, a survey of said premises shall be made
in the following manner:
A.
The Village Board shall appoint an inspector and architect
or engineer and the persons so notified shall appoint a practical builder,
engineer or architect who shall make said survey and submit a written report
thereon in regard to the unsafe or dangerous condition of said building or
structure. If the persons so notified shall refuse or neglect to appoint a
surveyor within 40 days after service of the notice, the two surveyors appointed
by the Village Board shall proceed and report.
B.
A signed copy of such report shall be posted on said
structure.
In the event that the building or other structure shall be reported
unsafe or dangerous under such survey, the Village Board may pass a resolution
directing the Mayor to make an application to the Supreme Court for an order
determining the building or other structure to be a public nuisance and directing
that it shall be repaired and secured or taken down and removed.
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, shall be assessed against the land on which said buildings
or structures are located.
Said surveyors shall be paid reasonable compensation for the service
performed by them in making their survey and in preparing the report thereof.
Pursuant to the authority and powers granted in the Statute of Local
Governments, particularly Subdivision 5 of § 10 thereof, the following
alternate or additional procedures may be followed:
A.
Upon the making of a survey report by the Code Enforcement
Officer that the building or structure is reported unsafe or dangerous to
the public, the Village Board may direct the Code Enforcement Officer to serve
a notice upon the owner and all other persons having an interest in such property
or structure, either personally or by registered mail addressed to their last
known addresses as shown by the records of the Village Assessor and/or in
the office of the County Clerk, containing a description of the premises,
a statement of the particulars in which the building or structure is unsafe
or dangerous and an order of the Code Enforcement Officer requiring the same
to be repaired or removed; and, if such service is made by registered mail,
provide for the posting of such notice on the premises.
B.
Such owner so served shall commence the repair or removal
of such building or structure within 30 days after service of such notice.
C.
A hearing shall be held before the Code Enforcement Officer
at a time and place specified in the notice to repair or demolish, not sooner
than two weeks nor later than the date given to commence repair or removal,
if the owner requests the same at least one week before the scheduled date
for the hearing. If no hearing is requested, the order so served shall take
effect as provided in the notice.
D.
At the hearing, the owner, the Village and any other
interested parties may present witnesses and any other proof relating to the
matters, and all parties may appear in person or with their attorneys.
E.
At the conclusion of the hearing, the Code Enforcement
Officer shall make a determination, in writing, and a copy of the same shall
be served either personally or by registered mail on all parties who appeared
therein.
F.
The determination shall state whether the original survey
report is sustained, modified or reversed. If reversed, no further proceeding
shall be had.
G.
If the original survey is sustained, in whole or in part,
the Code Enforcement Officer shall also include an order directing the owner
to proceed in accordance therewith and shall further specify that unless the
work is commenced within 10 days after service and completed within a reasonable
time thereafter, which the Code Enforcement Officer shall designate, the penalties
hereinafter provided shall be invoked.
A.
In case there shall be, in the opinion of the Code Enforcement
Officer, actual and immediate danger of the falling of a building or structure
so as to endanger public safety, life or property or actual or immediate menace
to health or public welfare as a result of the conditions present in or about
a building or structure, he shall cause the necessary work to be done to render
such building or structure temporarily safe, whether the procedure prescribed
in this chapter for unsafe or dangerous buildings or structures has been instituted
or not.
B.
When emergency work is to be performed under this section,
the Code Enforcement Officer shall cause the owner thereof to be served, personally
or by registered mail, return receipt requested, and if served by registered
mail shall post on the premises a notice to comply containing a description
of the premises, a statement of the facts in which the structure is unsafe
or dangerous and orders and directions to correct said conditions which constitute
an emergency within a specified period, not to exceed three days from actual
or constructive receipt of the notice.
C.
In the event that the emergency does not permit any delay
in correction, the notice shall state that the Village has corrected the emergency
condition.
D.
In both cases, the notice shall state that the corrective
costs of the emergency will be assessed against the owner pursuant to the
provisions of this chapter.
[Added ]
[Amended 4-21-1997 by L.L. No. 1-1997; 12-19-2006
by L.L. No. 1-2006]
Upon notification that the owner of the unsafe building or structure
has failed or refused to repair the unsafe building or structure within the
time specified in the final notice, the Code Enforcement Officer shall report
the same to the Board of Trustees. The Board of Trustees may direct that the
Village shall cause the repair or removal of the unsafe building. After the
work has been completed, the Village Superintendent shall file with the Board
of Trustees a verified statement of all direct costs of the same, including,
but not limited to, any and all costs, fees and compensation in connection
with the survey; any and all costs, fees and compensation in connection with
the demolition of the building or any part thereof; any and all costs, fees
and compensation incurred for extra fire, police or other Village employee
time required; and any and all costs, fees and compensation for additional
insurance and bonding required by the Village or any person or entity associated
with the survey, inspection, demolition, cleanup and disposal of waste related
to said unsafe building.
Upon receipt of the verified statement, the Board of Trustees shall
direct that the amount thereof, including the charges added thereto, shall
constitute a lien against said premises and direct that the same shall be
added to the next assessment roll of general Village taxes and shall be collected
and enforced in the same manner, by the same proceedings, at the same time
and under the same penalties as the general Village tax and as a part thereof.
In addition thereto, interest shall run thereon from the date of filing the
verified statement to the date of actual payment at 7 1/2% per annum.
Notwithstanding any provision herein to the contrary, the Village may
at its election institute suit against the owner of said premises for the
direct costs, together with a charge of 50% in addition thereto as compensation
to the Village for administering, supervising and handling said work, and
enter judgment thereon against the owner personally for the aforesaid amount.
The imposition and collection of any fine or penalty hereinafter prescribed
shall not bar the right of the Village to collect the costs of the removal
or repair of any unsafe building or structure as herein prescribed.
The failure of the owner to complete the repairs or to remove the unsafe
building or structure as specified in the final notice of the Code Enforcement
Officer shall subject the owner to the same procedure and penalties as herein
set forth.
The transfer of title by the owner of premises upon which an unsafe
building or structure is located shall be no defense to any proceedings under
this chapter.
[Amended 4-21-1997 by L.L. No. 1-1997]
Any person upon whom a notice as provided in this chapter has been served
who fails, neglects or refuses to place such unsafe building or structure
in a safe condition as designated in such notice or who shall violate any
of the provisions of this chapter or orders given pursuant thereto or who
shall resist or obstruct the Code Enforcement Officer in carrying out the
provisions of this chapter shall, upon conviction thereof, be subject to a
fine of not more than $250 or imprisonment not to exceed 15 days, or both.
Each week on which such violation continues shall constitute a separate offense.
