[HISTORY: Adopted by the Governing Body of
the Town/Village of East Rochester 9-11-2000 by L.L. No. 3-2000.
Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The purpose of this chapter is to protect the
safety, health, welfare and general well-being of the residents of
the Town/Village of East Rochester requiring unsafe buildings to be
repaired, demolished and removed. Unsafe buildings pose a threat to
public health, safety and welfare of the residents of the Town/Village
of East Rochester. The provisions of this chapter shall be in addition
to, and in furtherance of, the New York State Uniform Fire Prevention
and Building Code, including, but not limited to, provisions regulating
unsafe structures and equipment in the Fire Code and the Property
Maintenance Code of New York State, as supplemented.
As used in this chapter, the following terms
shall have the meanings indicated:
Any structure or edifice or portion thereof presently or
formerly used for residential, business, industrial, agricultural,
recreational or other purpose, whether occupied or vacant.
The Building Inspector/Code Enforcement Officer of the Town/Village
of East Rochester or such other person appointed by the Town/Village
Board to enforce the provisions of law or codes of the Town/Village
of East Rochester, including provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The owner of record or any other person, persons, firm, corporation
or entity in actual possession of or otherwise having charge, care
or control of any property within the Town/Village, including, but
not limited to, executor, administrator, trustee, guardian, heir,
distributee or agent.
[Added 7-9-2012 by L.L. No. 3-2012]
Any debris, rubble or parts of buildings which remain on
the ground or on the premises after demolition, reconstruction, fire
or other casualty.
Any structure or edifice or portion thereof which:
Because of its condition, is or may become unsecured
structurally or otherwise deteriorated and is or may become dangerous
to the public.
Is open at the doorways or windows or walls,
making it accessible.
Is or may become a place of rodent infestation.
Consists of debris, rubble or parts of buildings
left on the ground after demolition, reconstruction, fire or other
casualty.
Presents any other danger to the health, safety
and general welfare of the public.
A.
It shall be unlawful for any owner, tenant or occupant of any building or portion of any building, and the owner, tenant or occupant of the land upon which same is situated, to maintain such building or portion of such building in any condition or manner which shall be unsafe as defined in § 173-2.
B.
Whenever
any person or persons shall be in actual possession of or otherwise
have charge, care or control of any property within the Town/Village
as executor, administrator, trustee, guardian, heir, distributee or
agent, such person or persons shall be deemed and taken to be the
owner or owners of such property within the true intent and meaning
of this chapter and shall be bound to comply with the provisions of
this chapter and to the same extent as the record owner, and notice
to any such person or persons shall be deemed and taken to be a good
and sufficient notice, as if such person or persons were actually
the record owner or owners of such property.
[Added 7-9-2012 by L.L. No. 3-2012]
When, in the opinion of the Code Enforcement
Officer, any building located in the Town/Village of East Rochester
is determined to be dangerous or unsafe to the public as defined in
this chapter, the Code Enforcement Officer shall make a formal inspection
thereof and report in writing to the Town/Village Board of Trustees
his findings and recommendations with regard to the building's removal
or repair.
The Town/Village Board of Trustees shall thereupon
consider said report, and if it finds that said building is dangerous
and unsafe to the public, it shall, by resolution, order its repair
if the same can be safely repaired, and if not, its removal and demolition,
and shall further order that a hearing be held before the Town/Village
Board of Trustees at a time and place therein specified and on at
least 10 days' notice to the owner of the building and the owner,
tenant or occupant of the land upon which same is situated, or persons
having an interest therein, to determine whether said order to repair
or remove shall be affirmed or modified or vacated, and in the event
of modification or affirmance, to assess all costs and expenses incurred
by the Town/Village of East Rochester in the repair or removal of
such building against the land on which said building is located.
A.
Contents of notice enumerated. The notice required by § 173-5 above shall, at a minimum, contain the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
The name of the owner or person in possession as appears
from the tax and deed records.
(2)
A brief description of the premises and its location.
(3)
A description of the building, which is unsafe or
dangerous, and a statement of the particulars in which it is unsafe
or dangerous.
(4)
An order requiring the same to be made safe and secure
or to be removed.
(5)
The time and place of the hearing to be held before
the Town/Village Board of Trustees, at which hearing the owner or
occupant shall have the right to contest the order and findings of
the Town/Village Board of Trustees.
B.
The securing or removal of said building should commence
within a specified number of days of the service of the notice and
shall be completed within a specified number of days thereafter.
C.
In the event that such owner, occupant or other person
having an interest in said premises shall fail to contest such order
and fail to comply with the same, the Town/Village Board will order
the repair or removal of such building by the Town/Village, and the
Town/Village will assess costs and expenses incurred in such repair
or removal against the land on which said building is located.
D.
In any case where a building which is required to
be made safe and secure under this chapter is made safe by the boarding
up thereof, the material used for such boarding up shall be painted,
as near as practicable, the same color as the building.
A.
A copy of said notice shall be personally served upon
the owner or one of the owners, executors, legal representatives,
agents, lessees or other person having a vested interest in the premises
as shown on the Town/Village tax records or in the records of the
Monroe County Clerk's office.
B.
If no such person can be reasonably found for personal
service, then a copy of said notice shall be mailed to such person
by certified mail addressed to his or her last known address as shown
on said records and by personally serving a copy of said notice upon
any adult person residing in or occupying said premises and by securely
affixing said notice upon said building.
C.
A copy of said notice shall be filed in the Monroe
County Clerk's office, which notice shall be filed in the same manner
as a notice of pendency pursuant to Article 65 of the Civil Practice
Law and Rules (CPLR) and shall have the same effect as a notice of
pendency as therein provided. A notice so filed shall be effective
for a period of one year from the date of filing. It may be vacated
upon an order of a judge or justice of a court of record, or upon
the written consent of the Town/Village Attorney of the Town/Village
of East Rochester. The Monroe County Clerk's office shall mark such
notice and any record or docket thereof as cancelled or record upon
the presentation and filing of such consent or of a certified copy
of such order.
The Town/Village Board of Trustees shall conduct
the public hearing at the time and place specified in the notice to
repair or demolish. It may adjourn the hearing from time to time until
all interested parties are heard and until the hearing is completed.
At the conclusion of the hearing, the Town/Village Board of Trustees
shall determine by resolution to revoke the order to repair or remove,
modify said order, or continue and affirm said order and direct the
owner or other persons to complete the work within the time specified
in the order or such other time as shall be determined by the Town/Village
Board of Trustees.
In the event of the refusal, failure or neglect
of the owner or the person so notified to comply with said order of
the Town/Village Board of Trustees within the time specified in said
order, and after the public hearing, the Town/Village Board of Trustees
shall order that such building be made safe and secure or removed
and demolished by Town/Village employees or by independent contractors.
The Town/Village reserves the right to proceed to competitive bidding
for an award of a contract for repair or demolition after its determination
of the potential cost and taking into consideration whether this is
an emergency case.
All costs and expenses incurred by the Town/Village
in connection with proceedings set forth in this chapter, including
the cost of actually making safe, securing or removing said dangerous
and unsafe condition, and also including any attorney fees attributable
to the enforcement of this chapter, shall be assessed against the
land on which the dangerous or unsafe condition is or was located,
and shall be included in the tax levy and collected against said parcel
of land or may be collected by use of General Municipal Law § 78-b.
Where it reasonably appears that there is present
a clear and imminent danger to the life, safety or health of any person
or property unless an unsafe building is immediately repaired and
secured or demolished, the Town/Village Board of Trustees may by resolution
authorize the Code Enforcement Officer to immediately cause the repair
or demolition of such unsafe building.
The Town/Village Board of Trustees, in its discretion,
may elect to apply to the Supreme Court of the State of New York for
an order directing that the building be repaired and secured or demolished
and removed.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of this chapter, but shall be confined
in its operation to the clause, sentence, paragraph, section or part
thereof directly involved in a litigation in which said judgment shall
have been rendered.
This chapter shall take effect upon its being
duly filed in the office of the Secretary of State of New York as
provided in § 27 of the Municipal Home Rule Law.
