[HISTORY: Adopted by the Common Council of the City of Gloversville
12-3-1974 as L.L. No. 6-1974. Amendments noted where applicable.]
All buildings or structures which have any or all of the following defects
shall be deemed "dangerous buildings":
A.
Those whose interior wall 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 twenty-five
percent (25%) or more of damage or deterioration of the supporting member
or members, or fifty percent (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 overloads, or which have 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, neighboring property or the people of
the City of Gloversville.
E.
Those which have become or are so dilapidated, decayed,
unsafe, insanitary 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,
insanitary or dangerous to the health, morals, safety or general welfare of
the people of this city.
J.
Those buildings existing in violation of any provision
of any ordinance or resolution of the City of Gloversville or in violation
of any law of the State of New York.
The following standards shall be followed in substance by the Building
Inspector and the City Engineer in ordering repair, vacation or demolition:
A.
If the dangerous building can reasonably be repaired
so that it will no longer exist in violation of the terms of this chapter,
it shall be ordered repaired.
B.
If the dangerous building is in such condition as to
make it dangerous to the health, safety or general welfare of its occupants,
it shall be ordered to be vacated.
C.
In any case where a dangerous building is fifty percent
(50%) or more damaged or decayed or deteriorated from its original value or
structure, it shall be demolished; and in all cases where a building cannot
be repaired so that it will no longer exist in violation of the terms of this
chapter, it shall be demolished. In all cases where a dangerous building is
a fire hazard existing or erected in violation of the terms of this chapter
or any ordinance of this city or statute of the State of New York, it shall
be demolished.
All dangerous buildings within the terms of § 110-1 hereof are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The Building Inspector shall:
A.
Inspect all public buildings, schools, halls, churches, theaters, hotels, tenements and commercial, manufacturing or loft buildings and may inspect all other buildings and structures, including residences, for the purpose of determining whether any conditions exist which render such places dangerous buildings within the terms of § 110-1 of this chapter.
B.
Inspect any building, wall or structure about which complaints
are filed by any person to the effect that a building, wall or structure is
or may be existing in violation of this chapter.
C.
Inspect any building, wall or structure reported (as
hereafter provided for) by the Fire or Police Departments of this city as
probably existing in violation of the terms of this chapter.
D.
Notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building, as shown by the records of the Clerk of the County of Fulton, of any building found by him to be a dangerous building within the standards set forth in § 110-1 herein, that:
(1)
The owner must vacate, repair or demolish said building
in accordance with the terms of the notice and this chapter.
(2)
The occupant or lessee must vacate said building or may
have it repaired in accordance with the notice and remain in possession.
(3)
The mortgagee, agent or other persons having an interest
in said building as shown by the records of the Clerk of the County of Fulton
may, at his own risk, repair, vacate or demolish said building or have such
work or act done, provided that any person notified under this subsection
to repair, vacate or demolish any building shall be given such reasonable
time, not exceeding thirty (30) days, as may be necessary to do or have done
the work or act required by the notice provided for herein.
E.
Set forth, in the notice provided for in Subsection D hereof, a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding thirty (30) days, as is reasonable.
G.
Appear at all hearings conducted by the City Engineer,
and testify as to the condition of the dangerous buildings.
H.
Place a notice on all dangerous buildings, reading as
follows:
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"This building has been found to be a dangerous building
by the Building Inspector. This notice is to remain on this building until
it is repaired, vacated or demolished in accordance with the notice which
has been given the owner, occupant, lessee, mortgagee or agent of this building
and all other persons having an interest in said building as shown by the
records of the Clerk of the County of Fulton. It is unlawful to remove this
notice until such notice is complied with."
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The City Engineer shall:
A.
Upon receipt of a report of the Building Inspector as provided for in § 110-4F hereof, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building, as shown by the records of the Clerk of the County of Fulton, to appear before him on the date specified in the notice, such date to be not less than ten (10) days after service of such notice, to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in § 110-4E.
B.
Hold a hearing and hear such testimony as the Building
Inspector, the owner, occupant, mortgagee, lessee or any other person having
an interest in said building as shown by the records of the Clerk of the County
of Fulton, and any other person or persons called as a witness by any of the
foregoing, shall offer relative to the dangerous building.
D.
Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building, as shown by the records of the Clerk of the County of Fulton, to repair, vacate or demolish any building found to be a dangerous building within the terms of this chapter, and providing that any person notified, except the owners, shall have the privilege of either vacating or repairing said dangerous building, but anyone having an interest in said building as shown by the records of the Clerk of the County of Fulton may demolish said dangerous building at his own risk to prevent the acquiring of a lien by the city against the land upon which said dangerous building stands, as provided in § 110-6 hereof.
A.
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in § 110-5D within ten (10) days, the City Engineer shall report such fact to the Common Council, in writing, and transmit to the Common Council at such time a copy of his written findings of fact and of the order provided for in § 110-5C and D. The Common Council by resolution or ordinance shall cause the repair or removal of the unsafe building. The city, in its discretion, may undertake to do the authorized work with its own personnel or hire a private contractor to complete said work. After the work has been completed, the City Engineer shall file with the City Council a verified statement of all the direct costs of the same, together with a charge of one thousand five hundred dollars ($1,500.) in addition thereto, as compensation to the city for administering, supervising and handling said work. Said administrative surcharge of one thousand five hundred dollars ($1,500.) shall be added to the direct cost, whether city personnel or a private contractor was used to do the subject work.
B.
Upon receipt of the verified statement, the City Council
shall direct that the amount thereof, including the charges added thereto,
shall constitute a lien against the premises and direct that the same shall
be added to the next assessment roll of general city taxes and shall be collected
and enforced in the same manner, by the same proceedings, at the same time
and under the same penalties as the general city tax and as a part thereof.
In addition thereto, interest shall run thereon from the date of filing the
verified statement to the date of actual payment at seven and one-half percent
(7 1/2%) per annum.
C.
Notwithstanding any provision herein to the contrary,
the city may, at its election, institute suit against the owner of the premises
for the direct costs, together with a charge of one thousand five hundred
dollars ($1,500.) in addition thereto as compensation to the city for administering,
supervising and handling said work, and any judgment thereon against the owner
personally of any fine or penalty hereinafter prescribed shall not bar the
right of the city to collect the costs of the removal or repair of any unsafe
building or structure as herein prescribed.
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous building as defined herein is immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the City Engineer, and the City Engineer shall cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in § 110-6 hereof.
In all cases where notice or orders provided for herein are required
to be served, such service shall be made upon the necessary persons, either
by registered or certified mail return receipt requested, directed to such
persons at their last known address, or by personal service of such notice
or order upon such persons, and a copy of such notice or order shall be posted
in a conspicuous place on the dangerous building to which it relates. Such
mailing or personal service and posting shall be deemed adequate service.
No officer, agent or employee of the City of Gloversville shall render
himself personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his duties
under this chapter. Any suit brought against any officer, agent or employee
of the City of Gloversville as a result of any act required or permitted in
the discharge of his duties under this chapter shall be defended by the City
Attorney until the final determination of the proceedings therein, and any
judgment against any such person shall be paid by the City of Gloversville.
All members of the Fire and Police Departments shall make a report,
in writing, to the Building Inspector of any buildings or structures which
are, may be or are suspected to be dangerous buildings within the terms of
this chapter.
The failure of the owner to complete the repairs or to remove the unsafe
building or structure as specified in the final notice of the City Engineer
shall subject the owner to the same procedure and penalties as herein set
forth.
The transfer of title by the owner of premises upon which an unsafe
building or structure is located shall be no defense to any proceedings under
this chapter.
In the event that the building or other structure shall be reported
unsafe or dangerous under such report, the City Engineer may request the City
Attorney to make an application to the Supreme Court 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.
Any person, upon whom a notice as provided in this chapter has been
served, who fails, neglects or refuses to place such unsafe building or structure
in a safe condition as designated in such notice or who shall commit an offense
against any of the provisions of this chapter or orders given pursuant thereto
or who shall resist or obstruct the City Engineer in carrying out the provisions
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 of not more
than two hundred fifty dollars ($250.) or by imprisonment for not more than
fifteen (15) days, or by both such fine and imprisonment. Each day in which
such offense continues shall constitute a separate violation.
