[HISTORY: Adopted by the Board of Trustees
of the Village of Pittsford 3-14-1989 as Ch. 51 of the 1989 Code.
Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction administration — See Ch. 105.
Provision is made in this chapter for the removal
or repair of buildings or structures in the village that, from any
cause, may now be or shall hereafter become dangerous or unsafe to
the public. The Board of Trustees of the village is authorized to
proceed as provided in this chapter for the removal or repair of the
same.
The Building Inspector of the Village, or such
other person as is designated by the Village Board of Trustees, is
authorized to make an inspection and report concerning any dangerous
or unsafe building or structure in the village.
After an inspection and report as provided in
this chapter, the village shall cause to be served a notice on the
owner of the property involved or the owners, executors, legal representatives,
agents, lessees or any other person having a vested or contingent
interest in the same property. Such notice is to be served either
personally or by registered mail and shall contain a description of
the premises, a statement of the particulars in which the building
or structure is unsafe or dangerous and shall further contain an order
requiring the same to be made safe and secure or removed. If such
service is made by registered mail, a copy of such notice shall be
posted on the premises.
A person served with a notice pursuant to this
chapter shall commence and complete the securing or removal of buildings
or structures within a time specified in the notice, which time shall
not be less than 15 days from the date of serving of the notice.
A.
In the event of the neglect or refusal of the person served with a notice pursuant to this chapter to comply with the same, the Building Inspector, or such other person duly authorized by the Village Board of Trustees, shall make survey of the premises together with a builder, engineer or architect to be named by the Village Board of Trustees and a builder, engineer or architect appointed by the person served with the notice. In the event of a refusal or neglect of the person so notified to appoint such builder, engineer or architect, the Village Board of Trustees shall designate two builders, engineers or architects to make the survey. Upon completion of the survey, the surveyors shall make a report of the survey to the Village Board of Trustees. In the event that the building or structure shall be so reported as unsafe or dangerous, then an application shall be made by the village at a Special Term of the Supreme Court in the judicial district in which the property is located not less than five nor more than 10 days after the receipt of the survey report, for an order determining the building or other structure to be a public nuisance and directing that it be repaired or secured or taken down or removed and providing that the village carry out such direction subject to reimbursement as provided in Subsection D.
B.
A signed copy of the report of the surveyors shall
be posted on the building or structure prior to the application at
Special Term. The application to Special Term need not be on notice
to any other parties.
C.
The Village Board of Trustees is authorized to provide
for compensation of such surveyors.
D.
All
costs and expenses incurred by the Village in connection with the
proceedings to remove, remediate and/or secure hereunder, including
the costs of actually removing, remediating and/or securing the building
or structure in question, as well as any attorney fees, expert fees
and/or consultant fees required by such removal, remediation and/or
securing, shall be assessed upon the real property where the removal,
remediation and/or securing occurred. Such costs and expenses shall
constitute a lien and charge on the real property on which it is levied,
until paid or otherwise satisfied or discharged, and shall be collected
by the Village Treasurer in the manner provided by law for the collection
of delinquent taxes.
[Amended 9-8-2015 by L.L.
No. 14-2015]
A.
In addition to any other penalty authorized by this
chapter, any person who violates any provision of this chapter shall,
upon conviction thereof, be subject to a fine not to exceed $250 or
to imprisonment for a term not to exceed 15 days, or both.
B.
Civil penalties; construal.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this chapter.
(2)
Neither a judgment in nor the pendency of a criminal
prosecution for an alleged violation of the provisions of this chapter
nor a judgment in or the pendency of a civil action of law or in equity
shall be a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this
chapter shall not excuse the violation or permit it to continue, and
the remedies herein provided for penalties and civil action to enjoin
or abate a violation shall be cumulative.
[Added 3-28-2017 by L.L.
No. 1-2017]
A.
A building or structure shall be considered habitually noncompliant when the person, business, organization or legal entity owning or having charge or control of the building or structure has been noncompliant with three or more notices issued by the Village or its representative in accordance with § 80-3.
B.
Penalties for offenses under Subsection A hereinabove, habitually noncompliant vacant buildings or structures. Any person who is found to be owning or having charge or control of any building or structure that is habitually noncompliant under § 80-7A of this chapter shall, upon conviction of any violation of this chapter relating to said building or structure, be punished by a maximum fine of $1,000 or by imprisonment of 15 days, or both, for such violation. In the event of any failure to so comply, each week that such violation continues shall constitute a separate offense, and the penalties described above shall be applicable to each such separate offense.
