1980 – No.1 – Unsafe Buildings
A local law relating to the definition, repair or removal of unsafe or dangerous buildings or conditions
SECTION 1: Title
The title to this local law shall be the “Unsafe Buildings Local Law”.
SECTION 2: 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 damaged buildings or property within the Village of Sackets Harbor, which may or may not be structurally sound, constitute a danger and a threat to the safety, health, comforts? 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, by requiring any such building to be secured, repaired, demolished and/or removed.
SECTION 3: 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 Trustees of the Village;
(c) Building: house, shed, fence, or structure or any part thereof;
(d) Building Inspector: the duly appointed building inspector of the Village of Sackets Harbor, or such other person appointed by the Board of Trustees to enforce this law.
SECTION 4: Unsafe or Dangerous Building
For the purposes of this local law, an unsafe or dangerous building is declared to be (a) any building which is dangerous to the public health, 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 (2) any building which, because of lack of proper repair, construction, security or supervision, constitutes or creates a fire hazard, or (d) any building which because of its condition or because of lack of proper windows, doors or other security, is available to and may be frequented by malefactors, disorderly persons, vagrants or trespassers, or (e) is unfit for the purposes far whi6h it may lawfully be used, or (f) presents any other danger to the public safety, health and welfare.
SECTION 5: Prohibition
No owner, occupant, or person in custody of real property located within the Village shall allow or permit a building to continue as an unsafe or dangerous building after due notice as provided below.
SECTION 6: Determination
Whenever the Board of Trustees or the Building Inspector shall have reasonable cause to believe that any building in the Village is unsafe or dangerous from any cause, it shall cause or direct the Building Inspector to make, or he shall make, and inspection thereof and report, in writing, to the Board of Trustees with respect to his findings and recommendations, if any, for the securing, repair, demolition and/or removal of same.
SECTION 7: Order of Board of Trustees
The Village Board of Trustees shall thereupon consider such report and by resolution determine, if in its opinion, such report of the Building Inspector so warrants, that such building is unsafe and/or dangerous and order its securing or repair if the same can be safely done, or its demolition and removal and the restoring of the site to a safe condition. The Board of Trustees shall further order a notice containing the particulars described below be served in the manner provided below.
SECTION 8: Notice; Contents
The notice shall contain the following: (a) description of the premises, (b) a statement of the particulars in which the building is unsafe or dangerous, (c) an order outlining the manner in which the building is to be made safe and secure, or demolished and removed,
(d) a statement that the security, repair or removal of such building shall commence within thirty days of the service of the notice and shall be completed within Sixty days thereafter, unless for good cause shown, such time shall be extended, (6) a statement that in the event of neglect or refusal of the person served with the notice to comply with the same, an inspection of the premises shall be made and if such inspection report finds the building unsafe or dangerous, an application will be made at Special Term of the supreme court in the Judicial District in which the property is located for an order determining the building to be a public nuisance and directing that it shall be repaired and secured or demolished and removed, and that the expenses of the proceeding to secure, repair or remove the building, including the actual cost of securing, repairing or removing such building, shall be assessed against the land on which it is located.
SECTION 9: Service of Notice
The said notice shall be served (a) by personal service of a copy thereof upon the owner, executor, administrator, agent, lessee, or any person having a vested or contingent interest in such unsafe building as shown by the records of the Village tax collector or of the county clerk; or if no such person can be reasonably found by mailing such owner, by registered mail, a copy of such notice directed to his last known address as shown by the above records, and (b) by personal service of a copy of such notice upon any adult person residing in or occupying said premises if such person can be reasonably found, and (c) by securely affixing a copy of such notice upon the unsafe building.
SECTION 10: Refusal to Comply; Inspection
In the event of the refusal or neglect of the person so notified
to comply with said order of the Village Board of Trustees, the Village Board of Trustees shall appoint the Building Inspector and another qualified person, such as an architect, professional engineer or building contractor, and the person so notified shall appoint a qualified person, such as an architect, professional engineer or building contractor, to make an inspection of the unsafe building and submit a written report therein. If the person so notified shall fail to appoint a qualified person within a reasonable time of said notice, the Village Building Inspector and the other qualified person appointed by the Board of Trustees shall proceed and make the report. A signed copy of such report shall be affixed securely to such building.
SECTION 11: Application to Court
In the event the building shall be reported unsafe or dangerous in such inspection, the Board of Trustees may, by resolution, direct the Mayor to .make an application at a Special Term of the Supreme Court in the Judicial District in which such property is located for an order determining the building to be a public nuisance and directing that it shall be repaired or secured or demolished and removed.
SECTION 12: Assessment of Expenses
All expenses incurred by the Village in Connection with the proceedings to repair and secure or demolish and remove the unsafe building, including the cost of actually removing such building and the restoring of the site to a reasonable good and safe condition, shall be assessed against the land on which such building or structure is located.
SECTION 13: Payment of Expenses
If such owner or person served with the notice as above provided shall fail to pay the costs and expenses incurred by the Village within ten days after being notified of the costs thereof by registered mail, the Village Clerk shall file, immediately proceeding the time for making the annual assessment roll, a certificate of such actual cost and expense with a statement as to the property upon which such cost and expense was incurred, the buildings or other obstructions removed, as the case maybe with the assessor of the Village, who in the preparation of the next assessment roll of general village taxes, assess such amount upon such property, and the same shall be levied, collected and enforced in the same manner, by the same proceedings, at the same time, under the same penalties, and having the same lien upon the property assessed as the general village tax and as a part thereof.
SECTION 14: Emergency Cases
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe building is immediately repaired and secured or demolished and removed, the Village Board of Trustees may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building.
SECTION 15: Compensation
The qualified person appointed by the Board of Trustees to inspect and report on the unsafe building and/or condition as herein provided shall be paid reasonable compensation as shall be fixed by the Village Board of Trustees. The compensation of any person appointed, other than the one, appointed by the Board of Trustees, shall be the sole responsibility of the person appointing him.
SECTION 16: Construction
This local law shall not be construed to supersede or replace Local Law No. 3 of 1978 of the Village of Sackets Harbor, New York, but shall be in addition thereto.
SECTION 17: Effective Date
This local law shall take effect immediately upon filing thereof in the office of the Secretary of State.