[HISTORY: Adopted by the Board of Trustees of the Village of Perry 5-15-1974;
amended in its entirety 4-15-1991 by L.L. No. 3-1991.
Amendments noted where applicable.]
This chapter is adopted pursuant to the provisions of § 10
of the Municipal Home Rule Law and provides for the removal or repair of buildings
or other structures in the Village of Perry which may now be or shall hereafter
become dangerous or unsafe to the public for any cause.
Buildings and other structures that are unsafe, whether because of neglect,
fire or other causes, can become dangerous nuisances to the public and/or
can be a hazard to life or property. In order to protect the welfare of its
citizens and to preserve the beauty of this Village, the Board of Trustees
of the Village of Perry does adopt this chapter.
All buildings or structures which are structurally unsafe or unsanitary
or which constitute a fire hazard or which have become otherwise dangerous
to human life or health by reason of inadequate maintenance, dilapidation,
obsolescence or abandonment or have become dangerous to life, safety, morals,
or the general health and welfare of the occupants, neighboring property or
the people of the Village of Perry are, severally for the purpose of this
chapter, unsafe or dangerous buildings or structures. All such dangerous or
unsafe buildings or structures are hereby declared to be illegal and shall
be abated by repair and rehabilitation or by demolition in accordance with
the procedures set forth in this chapter.
The Board of Trustees of the Village of Perry shall appoint a Code Enforcement
Officer who will be charged with the responsibility of carrying out the obligations
and duties set forth in this chapter.
In the event that any building or structure now is or hereafter becomes
dangerous or unsafe to the public for any cause whatsoever, said owner or
occupant shall repair, demolish or remove the same. In the event of the failure
of the owner of any such building to demolish, repair or remove the same,
the Code Enforcement Officer of the Village of Perry shall make a complete
inspection and report the condition of said building or structure to the Village
Board. Notice shall thereafter be served on the owner or one of the owners,
executors, legal representatives, agents, lessees or any other person having
a vested or contingent interest in said property.
A.
The notice shall contain a description of the premises, a statement
of the particulars in which the building or structure is unsafe or dangerous,
the time within which the person so served with such notice must commence
and complete the securing, removal, or demolition of the building or structure,
which time shall be not less than 30 days, and an order requiring the same
to be made safe and secure or removed. The notice may be served either personally
or by certified mail; if service is by certified mail, a copy of the notice
shall also be posted on the subject premises.
B.
In the event of the neglect or refusal of the person so served
with said notice to comply with the same, an inspection of the premises shall
be made by an inspector, builder, carpenter, architect or professional engineer
to be named by the Village Board and a builder, carpenter, architect or professional
engineer appointed by the person notified as above; in the event of the refusal
or neglect of said person so notified to appoint such inspector, two inspectors
named by the Village shall make the survey and report.
C.
The notice shall further provide that in the event that the building
or structure shall be reported dangerous and unsafe under such inspection,
a hearing shall be held before a hearing officer appointed by the Village
Board within not less than five nor more than 20 days and that thereafter
the hearing officer shall issue 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 or, in the alternative, that no order
shall be issued and the matter be dismissed.
A signed copy of the report or survey shall be posted on the building
or structure.
In the event of the refusal of the person or persons served with the
order directing the repair, securing or the taking down and removal of the
building or structure within the time provided in such order, the Village
may enter upon said premises to remove or secure such building or structure.
All costs and expenses incurred by the Village of Perry in connection with
the proceedings to remove or secure, including the costs of actually removing
or repairing said building or structure, shall be assessed against the land
on which such buildings or structures are located and shall be added to the
Village assessment and tax roll.
The provisions of this chapter shall be in addition to, and in furtherance
of, the New York State Uniform Fire Prevention and Building Code, including
but not limited to §§ 108 and 109 of the State Property Maintenance
Code.
