[HISTORY: Adopted by the City Council of the City of Geneva 7-2-1996
by Ord. No. 96-4. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 105.
Abandoned excavation and construction — See Ch. 151.
Housing standards — See Ch. 202.
The purpose of this chapter is to provide for the removal or repair
of buildings in the City of Geneva that from any cause may now be or shall
hereinafter become dangerous or unsafe to the public.
As used in this chapter, the following terms shall have the meanings
indicated:
A structure wholly or partly enclosed within exterior walls, or within
exterior or party walls, and a roof, affording shelter to persons, animals
or property.
A building or structure which is structurally unsound, unsanitary,
or not provided with adequate ingress or egress, or which constitutes a fire
hazard, or which has become unsafe by reason of damage by fire, the elements,
age or general deterioration, or which, in relation to an existing use, constitutes
a hazard to the public health, safety or welfare by reason of inadequate maintenance,
dilapidation, obsolescence or abandonment, or which is otherwise dangerous
to human life.
An assembly of materials forming a construction, framed of component
structural parts for occupancy or use, including buildings.
A.
Any complaint of a dangerous or unsafe building or collapsed
structure shall be investigated, inspected and reported upon by the City of
Geneva Code Enforcement Office.
B.
Upon the determination of the Code Enforcement Office
that the building or structure is unsafe or in danger of collapse, notice
of the same shall be served upon the owner of said building or structure or
on the owner's executor, legal representatives, agents, lessees or any
other person having a vested or contingent interest in the same, either personally
or by certified mail, addressed to the last known address, if any, of the
owner, or on the owner's executors, legal representatives, agents, lessees
or other persons having a vested or contingent interest in the same, as shown
by the records of the Receiver of Taxes[1] and/or in the office of the County Clerk or County Registrar,
containing a statement of the particulars in which the building or structure
is dangerous or unsafe and an order, as further described below, requiring
the same to be made safe and secure or removed. If said service shall be made
by certified mail, a copy of such notice shall be posted on the premises.
[1]
So in original. Should read "City Comptroller."
A.
The owner or the owner's executors, legal representatives,
agent, lessees or any other person having a vested or contingent interest
in said property shall submit a satisfactory plan for the repair or removal
of the building or structure within 90 days after the service of the notice
and complete the work within the time frames set forth below. Said plan shall
include drawings and specifications sufficiently complete that a building
permit could be issued therefor, the qualifications and/or work experience
of the individuals who will do the work, an itemized estimate of both the
time required and the funds required to accomplish the work, and evidence
of financial capability to pay for the work. As the building or structure
rather than the property owner is what is to be cited as being in violation,
the transfer of property from one owner to another shall in no way affect
these time limits. The Code Enforcement Office shall make the determination
as to the adequacy of the plan in accordance with the applicable provisions
of the City of Geneva Municipal Code and the New York State Uniform Fire Prevention
and Building Code, and issue either a building permit or a demolition permit
upon approval.
[Amended 7-15-1997 by Ord. No. 97-6]
(1)
Time frames for completion of the work shall be as follows:
(a)
For residential buildings of one or two dwelling units
and all other buildings under 4,000 square feet in area, work shall be completed
within six months after the service of the notice.
(b)
For residential buildings of three to five dwelling units
and all other buildings between 4,000 and 7,500 square feet in area, work
shall be completed within nine months after the service of the notice.
(c)
For residential buildings of six or more dwelling units
and all other buildings over 7,500 square feet in area, work shall be completed
within 12 months after the service of the notice.
(d)
If the plan submitted is for the demolition and removal
of the building, work shall be completed within six months after service of
the notice.
(2)
None of the above shall preclude compliance with all
applicable zoning regulations and/or the New York State Uniform Fire Prevention
and Building Code.
B.
If the owner fails to submit a plan for the repair or removal of said building or structure within the time prescribed in Subsection A, or if the owner fails to complete the repair or removal of said building or structure within the time prescribed in Subsection A, the Code Enforcement Office shall file a copy of the notice served upon the owner or his representative in the office of the County Clerk of Ontario County, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules, and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this subsection. The notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a Judge of a court of record or upon the consent of the City Attorney. The Clerk of Ontario County shall mark such notice and any record or docket thereof as canceled or record upon the presentation and filing of such consent or of a certified copy of the order.
A.
In the event that the owner or his representative shall not submit a plan or complete the work within the time provided in § 111-4A, the City Council shall call a public hearing, and shall give notice of the time and place thereof, said public hearing to be held not less than two weeks nor more than four weeks from the date of service of said notice. The purpose of said public hearing shall be to require repair or demolition of said building or structure. Said notice shall be served upon the owner and such persons having an interest in the property or structure as determined by the Code Enforcement Office. Service of said notice shall be as is provided in § 111-3 of this chapter.
[Amended 7-15-1997 by Ord. No. 97-6]
B.
After said public hearing, the City Council may order
repair or removal of the building or structure by the city in the event that
the owner fails or refuses to repair or remove the same within a time period
provided by the City Council.
[Amended 7-15-1997 by Ord. No. 97-6]
C.
The City Council shall assess all costs and expenses
incurred by the city in connection with the proceedings, including legal fees,
to remove or secure the building or structure; which shall include the cost
of actually repairing or removing said building or structure; and said assessment
shall be a lien against the land upon which the building or structure is located
and shall be added on the next tax roll to be filed.
D.
Requests for additional time to complete work.
[Added 7-15-1997 by Ord. No. 97-6]
(1)
In the event that the owner or his representative requires additional time beyond that specified in § 111-4A to complete the work, he or she shall make a written request to City Council to hold a public hearing as described above to determine whether such an extension shall be granted. Said request shall specify:
(2)
City Council shall consider such a request, and if it
determines that compelling reasons for the extension have been given and the
amount of time requested is reasonable, grant such a request, with such conditions
as are deemed appropriate.
(3)
If an extension is granted as described above, but the
work is still not complete by the end of said extension, and substantial progress
toward completion of the work is made, the Code Enforcement Office shall administratively
grant an additional extension of no more than 60 days, on the following conditions:
(a)
"Substantial progress" shall be defined as the completion
of no less than 75% of the work to be done.
(b)
The owner shall agree to waive any rights to a further
hearing before City Council.
(c)
The owner shall agree to an administrative penalty to
be assessed by an administrative panel consisting of the City Manager, the
City Attorney and the Zoning and Building Coordinator, in the event that work
is not completed within the 60 days, said penalty not to exceed $250 for each
day that the work remains incomplete.
Any person who shall violate the provisions of this chapter, removes notices without authorization or interferes with city officials in the enforcement of this chapter, shall be subject to a fine and/or imprisonment as provided in § 1-17 of the City of Geneva Municipal Code.
