[HISTORY: Derived from Chapter 33 of the 1975 Compilation, as amended
through 1996. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
All buildings or structures which have any or all of the following
defects:
Those whose interior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through the center
of gravity falls outside of the middle third of its base.
Those which, exclusive of the foundation, show 33% or more of damage
or deterioration of the supporting member or members or 50% of damage or deterioration
of the nonsupporting enclosing or outside walls or covering.
Those which have improperly distributed loads upon the floors or roofs
or in which the same are overloaded, or which have insufficient strength to
be reasonably safe for the purpose used.
Those which have been damaged by fire, wind or other causes so as to
have become dangerous to life, safety, morals or the general health and welfare
of the occupants or the people of the City of Oneonta.
Those which have become or are so dilapidated, decayed, unsafe, unsanitary
or which so utterly fail to provide the amenities essential to decent living
that they are unfit for human habitation, or are likely to cause sickness
or disease, so as to work injury to the health, morals, safety or general
welfare of those living therein.
Those having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human beings who
live or may live therein.
Those having inadequate facilities for egress in case of fire or panic
or those having insufficient stairways, elevators, fire escapes or other means
of escape.
Those which have parts thereof which are so attached that they may fall
and injure members of the public or property.
Those which, because of their condition, are unsafe, unsanitary or dangerous
to the health, morals, safety or general welfare of the people of this city.
Those buildings existing in violation of any provision of Chapter 300, entitled "Zoning," and any other provisions of the Code of the City of Oneonta.
Any building or structure which remains vacant and unattended continuously
for a period of five years.
The following standards shall be followed in substance by the City Engineer
and the Board of Public Service in ordering repair, vacation or demolition:
A.
If the unsafe building can reasonably be repaired so
that it will no longer exist in violation of the terms of this law, it shall
be ordered repaired.
B.
If the unsafe building is in such condition as to make
it dangerous to the health, morals, safety or general welfare of its occupants,
it shall be ordered to be vacated.
C.
In any case where an unsafe building is 50% damaged or
decayed, or deteriorated from its original value or structure, it shall be
demolished, and in all cases where a building cannot be repaired so that it
will no longer exist in violation of the terms of this chapter, it shall be
demolished. In all cases where an unsafe building is a fire hazard existing
or erected in violation of the terms of this chapter or any other provisions
of the Code of the City of Oneonta or laws of the State of New York, it shall
be demolished.
All unsafe buildings within the terms of § 92-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The City Engineer shall:
A.
Inspect any building, wall or structure about which complaints
are filed by any person to the effect that a building wall or structure is
or may be existing in violation of this chapter.
B.
Inspect any building, wall or structure reported (as
hereinafter provided for) by the Fire or Police Departments of this city as
probably existing in violation of the terms of this chapter.
C.
Notify personally or in writing the owner or some one of the owner's executors, legal representatives, agents, lessees or another person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of any building found by him to be an unsafe building within the standards set forth in § 92-1 of this chapter.
(1)
The owner must vacate or repair or demolish said building
in accordance with the terms of the notice and this chapter.
(2)
The occupant or lessee must vacate said building or may
have it repaired in accordance with the notice and remain in possession.
(3)
Any mortgagee, agent or other persons having an interest
in said building may at his own risk repair, vacate or demolish said building
or have such work or act done, provided that any person notified under this
subsection to repair, vacate or demolish any building shall be given such
reasonable time, not exceeding 30 days, as may be necessary to do, or have
done, the work or act required by the notice provided for herein.
D.
Set forth in the notice provided for in Subsection C hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure an unsafe building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 30 days, as is reasonable.
F.
Appear at all hearings conducted by the Board of Public
Service and testify as to the condition of unsafe buildings.
G.
Place a notice on all unsafe buildings reading as follows: "This building has been found to be an unsafe building by this City Engineer. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, or some one of the owner's executors, legal representatives, agents, lessees or another person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having vested or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of any building found by me to be an unsafe building within the standards set forth in § 92-1 of this chapter. It is unlawful to remove this notice until such notice is complied with."
The Board of Public Service shall:
A.
Upon receipt of a report of the City Engineer, as provided for in Subsection E of § 92-4 hereof, give written notice to the owner, or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent in the property, by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of any building found by him to be an unsafe building within the standards set forth in § 92-1 of this chapter, to appear before them on the date specified in the notice to show cause why the building or structure reported to be an unsafe building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the City Engineer's notice provided for herein in Subsection D of § 92-4.
B.
Hold a hearing and hear such testimony as the City Engineer
or the owner, or some one of the owner's executors, legal representatives,
agents, lessees or any other person having a vested or contingent interest
in the property as shown by the records of the Assessor or in the office of
the County Clerk shall offer relative to the unsafe building.
D.
Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner, or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property as shown by the records of the Assessor or in the office of the County Clerk, to repair, vacate or demolish any building found to be an unsafe building within the terms of this chapter, and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said unsafe building; or any person not the owner of said unsafe building but having an interest in said building may demolish said unsafe building at his own risk to prevent the acquiring of a lien against the land upon which said unsafe building stands by the city as provided in Subsection E hereof.
E.
If such person fails to comply with the order provided for in Subdivision D hereof, within 10 days, the Board of Public Service shall report such fact to the Common Council, who shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in § 92-2 of this chapter and shall cause the costs of such repair, vacation or demolition, together with an additional charge of 50% thereof for administration and supervision, to be charged against the land on which the building existed as a municipal lien, or cause such costs to be added to the tax rolls as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner; provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of this city, the Common Council shall authorize the City Attorney to take legal action to force the owner to make all necessary repairs or demolish the building.
A.
In cases where it reasonably appears that there is immediate
danger to the life or safety of any person unless an unsafe building as defined
herein is immediately repaired, vacated or demolished, the City Engineer shall
report such facts to the Board of Public Service, and the Board of Public
Service shall cause the immediate repair, vacation or demolition of such unsafe
building.
In cases, except emergency cases, where the owner, occupant or lessee is absent from the city, all notices or orders provided for herein shall be sent by registered mail to the party in interest as described in Subsection C of § 92-4 to the last known address of such party in interest, and a copy of such notice shall be posted in a conspicuous place on the unsafe building to which it relates. Such mailing and posting shall be deemed adequate service.
No officer, agent or employee of the City of Oneonta shall render himself
personally liable for any damage that may accrue to persons or property as
a result of any act required or permitted in the discharge of his duties under
this chapter. Any suit brought against any officer, agent or employee of the
City of Oneonta as a result of any act required or permitted in the discharge
of his duties under this chapter shall be defended by the City Attorney until
the final determination of the proceeding therein.
Any fireman of the City Fire Department may make a report in writing
to the City Engineer of any building or structures which are, may be or are
suspected to be unsafe buildings within the terms of this chapter.
All employees of the Police Department, or any other law enforcement
official, shall make a report, in writing, to the City Engineer of any buildings
or structures which are or may be deemed to be unsafe buildings within the
terms of this chapter. Such reports must be delivered to the City Engineer
within 24 hours of the discovery of such building.