[Added 4-16-2007 by L.L. No. 6-2007]
A.
In case there shall be, in the opinion of the Code
Enforcement Supervisor, actual and immediate danger of the falling
of a building or structure so as to endanger public safety, life or
property or actual or immediate menace to health or public welfare
as a result of the conditions present in or about a building or structure,
such person shall cause the necessary work or demolition and removal
to be done to render such building or structure safe.
B.
When emergency work or demolition and removal is to
be performed under this section, the Code Enforcement Supervisor shall
cause the owner thereof to be served personally or by registered mail,
return receipt requested, and, if served by registered mail, shall
post on the premises a notice to comply containing a description of
the premises, a statement of the facts in which the structure is unsafe
or dangerous and orders and directions to correct the conditions which
constitute an emergency within a specified period not to exceed three
days from actual or constructive receipt of the notice.
C.
In the event that the emergency does not permit any
delay, the City and/or its designee shall correct or demolish and
remove the building or structure and the notice shall state that the
City has corrected or demolished and removed the emergency condition.
D.
In each case, the notice shall state that the corrective
and/or demolition and removal costs of the emergency will be assessed
against the owner's property pursuant to the provisions of this chapter.
Pursuant to the authority and powers granted
in the Municipal Home Rule Law, particularly § 10 thereof,
General Municipal Law § 78-b, and General City Law § 20(35),
the following procedures may be followed:
A.
Upon the making of a written report by the Code Enforcement
Supervisor that the building or structure is unsafe or dangerous to
the public, the Code Enforcement Supervisor shall serve a notice upon
the owner and all other persons having an interest in such property
or structure, either personally or by registered mail, addressed to
their last known addresses as shown by the records of the City Assessor
and/or in the office of the County Clerk, containing a description
of the premises, a statement of the particulars in which the building
or structure is unsafe or dangerous and an order of the Code Enforcement
Supervisor requiring the same to be repaired or demolished and removed
and, if such service is made by registered mail, the posting of such
notice on the premises.
B.
Such owner so served shall commence the repair or
demolition and removal of such building or structure within 30 days
after service of such notice.
C.
A hearing shall be scheduled by and held before the
City Engineer at a time and place specified in the notice to repair
or demolish and remove, not sooner than two weeks nor later than the
date given to commence repair or demolition and removal.
D.
At the hearing, the owner, the City and any other
interested parties may present witnesses and any other proof relating
to the matter, and all parties may appear in person or with their
attorneys.
E.
At the conclusion of the hearing, the City Engineer
shall make a determination, in writing, and a copy of the same shall
be served either personally or by registered mail on all parties who
appear therein.
F.
The determination shall state whether the original
report is sustained, modified or reversed. If reversed, no further
proceeding shall be had.
G.
If the original report is sustained, in whole or in
part, the City Engineer shall also include an order directing the
owner to proceed in accordance therewith and shall further specify
that unless the work is commenced within 10 days after service and
completed within a reasonable time thereafter, which the City Engineer
shall designate, the penalties hereinafter provided shall be invoked.
H.
The notice from the City Engineer under Subsection A of this section shall be filed in the office of the Jefferson County Clerk, in the same manner as the notice of pendency, pursuant to Article 65 of the Civil Practice Law and Rules. Such a notice so filed shall be effective for a period of one year from the date of filing. However, said notice may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the City Attorney.
A.
Upon notification that the owner of the unsafe building
or structure has failed or refused to repair or demolish and remove
the unsafe building or structure within the time specified in the
final order, the City Engineer shall report the same to the City Manager.
The City Manager may direct that the City shall cause the repair or
demolition and 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 Comptroller
a verified statement of all of the direct costs of the same, together
with a charge, in addition thereto, as reimbursement to the City for
administering, supervising and handling said work. Said administrative
charge shall be added to the direct cost, whether City personnel or
a private contractor was used to do the subject work. The charge shall
be established at least annually by the Watertown City Council through
a budget resolution that adopts a City Fees and Charges Schedule.
Such schedule shall be available to the public at the office of the
Watertown City Clerk.
[Amended 9-19-2016]
B.
Upon receipt of the verified statement, the City Comptroller
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 1% per month.
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 the charge identified at Subsection A above, in addition thereto, as compensation to the City for administering, supervising and handling said work and enter judgment thereon against the owner personally for the aforesaid amount. The imposition and collection of any fine or penalty hereinafter prescribed shall not bar the right of the City to collect costs of the demolition and removal or repair of any unsafe building or structure as herein prescribed.
[Amended 9-19-2016]
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.
