1978 – No.3 – Relating to Definition and Control of Dangerous Buildings
Section l. Legislative Intent
It is the finding of the Board of Trustees of the Village of Sackets Harbor that the existence of abandoned and unattended or unoccupied buildings or parts of buildings within the Village of Sackets Harbor, which mayor may not be structurally sound, constitute a danger and a threat to the safety, health, comfort, and general welfare of this Village and it is thus the intent of this local law to provide for the protection of property, the preservation of peace and good order, the suppression of vice, the benefit of trade, and the preservation and protection of public works as provided by Section 4-412 of the Village Law.
Section 2. Definitions
The following words and phrases as used in this local law shall have the meaning hereinafter ascribed to them. All other words and phrases shall have the meaning normally ascribed to them.
a. Village: The incorporated Village of Sackets Harbor.
b. Board of Trustees: The duly elected and constituted Board of Trustee of the Village.
c. Building: House, shed, fence or other man-made Structure, or part of any such house,
shed, fence, or structure.
Section 3. Dangerous Building
For the purposes of this local law, a dangerous building is declared to be (a) any building which is dangerous to the public health, safety, and general welfare because of its conditions and which may cause or aid in the spread of disease or injury to the health., safety, or general welfare of the occupants of it or of neighboring buildings, or (b) any building which because of lack of proper repair construction, or supervision constitutes or creates a fire hazard, or (c) any building which because of its condition or because of lack of proper windows or doors is available to and frequented by malefactors or disorderly persons.
Section 4. Prohibition
Any owner, occupant, or person in custody of real property located within the Village who allows or permits a building to continue as a dangerous building after due notice as provided in Section 5 below shall be guilty of a violation of this local law and shall be punished as provided in Section 7 below.
Section 5. Determination
Whenever the Board of Trustees shall have reasonable cause to believe that any building in the Village is a dangerous building, a statement setting forth such facts shall be filed by the Mayor with the Village Clerk. The Clerk shall thereupon cause written notice to be served upon the owner thereof and upon the occupant thereof, if any, by registered mail or by personal service. Such notice shall state that the building has been declared a dangerous building and that necessary repairs or improvements must be begun within fifteen (15) days after service of such notice or such person or persons will be charged with a violation of this local law. Such notice shall be in
substantially the following form:
From: The Board of Trustees, Village of Sackets Harbor
You are hereby notified that the Board of Trustees of the Village of Sackers Harbor has determined that the building owned by you and located at has been declared a dangerous building as provided for and defined in Local Law No. 3 of 1978 in that (herein insert particulars) after inspection by In accordance with the provisions of such local law you are hereby directed to begin all necessary repairs or improvements within fifteen (15) days after service of this notice. Failure to so comply will result in a violation of Local Law No. 3 of 1978 which provides for a penalty, upon conviction for a fine not to exceed Two Hundred Fifty Dollars ($250) for each week of such violation.
Section 6. Trespass Prohibited
In addition to serving a notice on the owner as provided in Section 5 above, the Board of Trustees may, if it determines that the purposes of this local law will be further effectuated, order that no person other than the owner or his agent shall enter upon the property and shall post on such property signs indicating no trespassing. When such a determination is made, notice of such fact shall be included in the notices to the owner referred to on Section 5 above. Anyone found trespassing in violation of this Section shall be liable for a fine not to exceed Fifty Dollars ($50) for each offense.
Section 7. Penalties
Except as provided in Section 6 above, any person found guilty of violating this local law shall be liable for a fine not to exceed Two Hundred Fifty Dollars ($250) for each violation and each week such violation shall continue shall constitute a separate violation.
Section 8. Effective Date
This local law shall take effect immediately.