Local
Law # 2 of 2016
“A
Local Law Providing for the Repair or Removal of Unsafe Buildings and Collapsed
Structures within the Village of Oriskany Falls”
Adopted
November 14, 2016
BE IT ENACTED BY
THE VILLAGE BOARD OF THE VILLAGE OF ORISKANY FALLS
SECTION
1: Adoption of Chapter 49.
The Code of the
Village is hereby amended so as to include a new Chapter 49 entitled “Unsafe
Buildings” with the following provisions:
Section
49-1 Purpose.
Unsafe buildings
pose a threat to life and property in the Village of Oriskany Falls. Buildings
and Structures may become unsafe by reason of damage by fire, the elements, age
or general deterioration. Vacant buildings not properly secure at doorways and
windows also serve as an attractive nuisance for young children who may be
injured therein, as well as a point of congregation by vagrants and transients.
A dilapidated building may also serve as a place of rodent infestation, thereby
creating a health protection and genera welfare of persons and property in the
village by requiring that such unsafe buildings be repaired or demolished and
removed.
Section
42-2 Title
This Local Law
shall be known as “Unsafe Buildings Law of the Village of Oriskany Falls”.
Section
49-3 Definitions
“Building” means any building,
structure or portion thereof used for a residential, business or industrial
purpose.
“Building Inspector” means the
Building Inspector of the Village of Oriskany Falls or such other person
appointed by the Village Board to enforce the provisions of this Local Law.
“Village of Oriskany Falls” means
the Village of Oriskany Falls.
Section
49-4 Investigation and Report
When the Building
Inspector, in his/her own opinion, or upon receipt of information that a
building
Is or may become dangerous or
unsafe to the general public;
Is open at the doorways and
windows, making it accessible to and an object of attraction to minors under
eighteen years of age, as well as to vagrants and other trespassers;
Is or may become a place of rodent
infestation;
Presents any other danger to
health, safety, morals and general welfare of the public; or
Is unfit for the purpose for which
it may lawfully be used; he or she shall cause or make an inspection thereof
and report in writing to the Village Board of the Village of Oriskany Falls
his/her findings and recommendations in regarding to its repair or demolition
and removal.
Section
49-5 Village
Board Order
The Village Board
shall thereafter consider such report and by resolution determine, if in it
opinion the report so warrants, that such building is unsafe and dangerous and
order its repair if the same can be safely repaired or its demolition and
removal, and further order that a notice be served upon the persons and in the
manner provided herein.
Section
49-6 Notice:
Contents
The notice shall
contain the following;
A description of the premises;
A statement of the particular in
which the building is unsafe or dangerous and reference to the code sections
that are in violation;
An order outlining the manner in
which the building is to be made safe and secure, or demolished and removed;
A statement that the securing or
removal of such building shall commence within thirty (30) days of the service
of the notice and shall be completed within sixty (60) days thereafter, unless,
for good cause shown, such time shall be extended;
A date, time and place for a
hearing before the Village Board in relation to such dangerous or unsafe
building, which hearing shall be rescheduled not less than five (5) business
days from the date of service of the notice; and
A statement that in the event of
neglect or refusal to comply with the order to secure or demolish and remove
the building, the Village Board is authorized to provide for its demolition and
removal, to assess all expenses thereof against the land on which it is
located, and/or to institute a special proceeding to collect the costs of
demolition, including legal expenses.
Section
49-7 Service
of Notice
The said notice
shall be served
By personal service of a copy
thereof upon the owner, executer, administrator, agent, lessee, or any person
having a vested or contingent interest in such unsafe building as shown by the
records of the Town Receiver of Taxes/Village Receiver of Taxes; or Tax
Collector, or official responsible for the collection of Village Taxes, or of
the County Clerk; or if no such person can reasonably be found, by mailing such
owner by registered mail a copy of such notice directly to his/her last known
address as shown by the above records; and
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
By securely affixing a copy of such
notice upon the unsafe building.
Section
49-8 Notice
of Filing
A copy of the
notice served as provided herein shall be filed in the office of the County
Clerk of the County of Oneida.
Section
49-9 A
Refusal to Comply
In the event of
the refusal or neglect of the person so notified to comply with said order of
the Village of Oriskany Falls and after the hearing, the Village Board shall
provide for the demolition and removal of such building or structure either by
Village of Oriskany Falls employees or by contract. Except in emergency as
provided in section 49-11 hereof, any contract for demolition and removal of a
building shall be awarded through competitive bidding and/or the Village’s
procurement Policy in accordance with Article 5-A of the General Municipal Law.
Section
49-10 Assessment of Expenses
All expenses
incurred by the Village of Oriskany falls 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 all reasonable and necessary legal
expenses incidental thereto, shall, at the option of the Village Board, either;
Be assessed against the land on
which such building is located and shall be levied and collected in the same
manner as provided for the levy and collection of a special assessment and/or
Village Taxes as provided by the Village Law, or
Be collected by commencement of a
special proceeding against the owner of said unsafe or dangerous building or structure
pursuant to General Municipal Law section 78-b.
Section
49-11 Emergency Cases
Where it
reasonably appears that there is present a clear and imminent danger to life,
safety or health of any person or property, unless an unsafe building is
immediately repaired and secured or demolished, the Village Board may, by
resolution, authorize the Building Inspector to immediately cause the repair or
demolition of such unsafe building. The expense of such repair or demolition
shall be a charge against the land on which it is located and shall be
assessed, levied and collected as provided in section 49-10 thereof.
Section
49-12 Separability
Each separate
provision of this Local Law shall be deemed independent of all other provisions
herein, and if any provisions shall be deemed invalid, all other provisions
hereof shall remain valid and enforceable.
Section
49-13 Repealer
This Local Law
shall supersede all prior local laws, ordinances, rules and regulations
relative to the repair or removal of unsafe buildings and collapsed structures
within the Village of Oriskany Falls and they shall be, upon the effective date
of this ordinance, null and void.
Section
II Effective
Date
This Local Law
shall take effect upon its being duly filed in the Office of the Secretary of
State of the State of New York as provided in Section 27 of the Municipal Home
Rule Law.
