Village of Cuba, NY
Allegany County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of Cuba Village 9-6-1984 by L.L. No. 1-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 105.

§ 85-1 Title.

The title of this chapter shall be known as the "Unsafe Building Demolition Law."

§ 85-2 Building Inspector/Code Enforcement Officer.

The Building Inspector/Code Enforcement Officer appointed by the Board of Trustees of Cuba Village shall be charged with the responsibility of carrying out the obligations and duties set forth in this chapter.

§ 85-3 Identification of dangerous or unsafe buildings. [1]

All buildings or structures which have any or all of the following defects shall be deemed dangerous or unsafe buildings:
A. 
Those whose exterior 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 has 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.
E. 
Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living 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 and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
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 communication.
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 the Village.
J. 
Those buildings existing in violation of any provision of Chapter 105, Fire Prevention and Building Construction, or any other provisions of the Code of the Village of Cuba Village or the State of New York.
K. 
Those which are open at the doorways or windows or walls, making them accessible to and an object of attraction to minors under 18 years of age as well as to vagrants and other trespassers.
L. 
Those which are or may become places of rodent infestation.
M. 
Those which consist of debris, rubble or parts of buildings left on the ground after demolition, reconstruction, fire or other casualty.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 85-4 General restrictions; inspection; notice.

No person, firm, corporation or association that is the owner of a building in the Village of Cuba Village shall cause, suffer, allow or permit said building to become dangerous or unsafe to the public. It shall be the duty and responsibility of the owner of any such building to take all steps necessary to prevent a building from becoming dangerous or unsafe to the public from any cause whatsoever. If such building does become dangerous, the owner shall repair or remove said building. In the event of the failure of the owner to repair or remove said building, the Building Inspector/Code Enforcement Officer of the Village of Cuba Village shall make a complete inspection and report of the condition of said building to the Board of Trustees. Notice shall thereafter be served on the owner or some one of the owners, executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in said building. The notice shall contain a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring said building or structure to be made safe and secure or removed. The notice shall also provide for the time within which the person served with said notice shall commence and complete the securing or removal of the building or structure. In the event of the neglect or refusal of the person so served with said notice to comply with the same, a survey of the premises shall be made by an inspector or architect to be named by the Board of Trustees of said Village and a particular builder, engineer or architect appointed by the person notified as above. In the event of the refusal or neglect of the person so notified to appoint such surveyor, the two surveyors named shall make the survey and report. The notice shall further provide that in the event that the building or other structure is reported dangerous or unsafe under such survey, an application shall be made at a Special Term of the Supreme Court, Allegany County, 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. Surveyors appointed by the Board of Trustees shall be compensated by the Village.

§ 85-5 Posting of survey report.

A signed copy of the report of the surveyors shall be posted on the building.

§ 85-6 Costs of notice.

All costs and expenses incurred by the Village in connection with any and all of the above proceedings to remove or secure, including the cost of actually removing said building or structure or securing the same, shall be assessed against land on which the building or structure is located.

§ 85-7 Costs of removal; liens. [1]

If such owner or person served by mail as hereinabove provided shall fail to pay the costs and expenses incurred by the Village within 10 days after being notified of the costs thereof by registered mail, the Village Clerk shall file, immediately preceding 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 were incurred and the buildings or other obstructions removed, as the case may be, in the office of the Village Clerk, and the Village Clerk shall, 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.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 85-8 Emergency provisions.

In cases of great emergency, where the delay of proceedings, as hereinbefore provided, would result in probable loss of life or property, the Mayor shall have the power to direct the Building Inspector/Code Enforcement Officer to proceed at once to take such action as is needed to guard the safety of persons and property.

§ 85-9 Penalties for offenses. [1]

Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding (15) days, or by both such fine and imprisonment. The continuation of an offense shall constitute, for each day the offense is continued, a separate and distinct violation.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.