[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.]
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.
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.
The duly elected and constituted Board of Trustees of the
village.
A house, shed, fence or other man-made structure, or part
of any such house, shed, fence or structure.
The Incorporated Village of North Collins, New York.
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.
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.
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.
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.
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.
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.
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.
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.
