Village of North Collins, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of North Collins at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Boardinghouses — See Ch. 54.
Building construction — See Ch. 62.
Electrical standards — See Ch. 85.
Housing standards — See Ch. 103.

§ 70-1 Findings; intent.

It is the finding of the Board of Trustees of the Village of North Collins that the existence of abandoned and unattended buildings or parts of buildings within the Village of North Collins, which may or may not be structurally sound, constitutes a danger and a threat to the safety, health, comfort and general welfare of this village. It is thus the intent of this chapter 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 Article 4, § 412, of the Village Law.

§ 70-2 Definitions.

The following words and phrases as used in this chapter shall have the meanings hereinafter ascribed to them. All other words and phrases shall have the meanings normally ascribed to them.
BOARD OF TRUSTEES
The duly elected and constituted Board of Trustees of the village.
BUILDING
A house, shed, fence or other man-made structure, or part of any such house, shed, fence or structure.
VILLAGE
The Incorporated Village of North Collins, New York.

§ 70-3 Declaration of dangerous building.

For the purposes of this chapter, a "dangerous building" is declared to be:
A. 
Any building which is dangerous to the public health, safety and general welfare because of its condition and which may cause or aid in the spread of disease or injury to the health, safety or general welfare of the occupants of it or of its neighboring buildings;
B. 
Any building which, because of lack of proper repair, construction or supervision, constitutes or creates a fire hazard; or
C. 
Any building which, because of its condition or because of a lack of proper windows or doors, is available to and frequented by malefactors or disorderly persons.

§ 70-4 Inspection; report.

A. 
When a building or structure appears to be or is suspected of being an imminent danger to life, health and/or safety, as a result of age, structural instability, lack of maintenance, fire, explosion or any other hazardous situation, the Code Enforcement Officer shall be admitted into the structure by the owner or agent thereof, for the purpose of making an inspection.
B. 
The Code Enforcement Officer shall inspect and provide a written report and order the building to be made safe and secure or be demolished and removed, leaving the vacant lot broom-clean by the owner thereof.

§ 70-5 Continuance prohibited.

Any owner, occupant or person in custody of real property located within the village who allows or permits a building to continue as a dangerous building after due notice as provided in § 70-6 below shall be guilty of a violation of this chapter and shall be punished as provided in § 70-9 below.

§ 70-6 Determination; notice.

A. 
Whenever the Board of Trustees shall have reasonable cause to believe that any building in the village is a dangerous building, a statement setting forth such facts shall be filed by the Mayor with the Village Clerk.
B. 
The Clerk shall thereupon cause written notice to be served upon the owner thereof and upon the occupant thereof, if any, by registered mail or by personal service. Such notice shall state that the building has been declared a dangerous building and that necessary repairs or improvements must be begun with 15 days after service of such notice, or such person or persons will be charged with a violation of this chapter.[1]
[1]
Editor's Note: The current notice form is on file in the office of the Village Clerk.

§ 70-7 Report of noncompliance.

In the event of the neglect or refusal of the person so notified to comply with said order of the Village Board, a report of said premises shall be made in the following manner:
A. 
The Village Board shall appoint the Code Enforcement Officer, who shall make a written report thereon in regard to the unsafe or dangerous condition of said building or structure. The Code Enforcement Officer may opt to enlist the aid of a builder, engineer or architect. Such written report shall be submitted to the Village Board.
B. 
A signed copy of such report shall be posted on said structure.

§ 70-8 Village recourse to the courts.

In the event that the building or other structure shall be reported unsafe or dangerous under such report, the Village Board may pass a resolution directing the Mayor to make an application at a Special Term of the Supreme Court of the State of New York in the Judicial District in which the property is located 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.

§ 70-9 Trespassing prohibited; fine.

A. 
In addition to serving a notice on the owner as provided in § 70-6 above, the Board of Trustees may, if it determines that the purposes of this chapter will be further effectuated, order that no person other than the owner or his agent shall enter upon the property and shall post on such property signs indicating "no trespassing." When such a determination is made, notice of such fact shall be included in the notice to the owner referred to in § 70-6 above.
B. 
Anyone found trespassing in violation of this section shall be liable to a fine not to exceed $50 for each offense.

§ 70-10 Assessment of costs and expenses.

All costs and expenses incurred by the village in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, shall be assessed against the land on which said buildings or structures are located.

§ 70-11 Penalties for offenses.

Except as provided in § 70-9 above, any person found guilty of violating this chapter shall be liable to a fine of not more than $1,000 per day of violation or imprisonment not exceeding one year, or both. Each week such violation shall continue shall constitute a separate violation.