[HISTORY: Adopted by the Board of Trustees of the Village of Sylvan
Beach 6-11-1979 as L.L. No. 3-1979. Sections
29-3 and 29-4D amended and § 29-6A added at time of adoption of
Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
This chapter shall be known as the "Unsafe Building Local Law."
As used in this chapter, the following terms shall have the meanings
indicated:
Those whose interior walls or other vertical structural members list,
lean or buckle to such an extent that the same would be unacceptable in a
new structure of similar type and design, being in contravention of established
construction principals, and where there exists a possibility of collapse
of the building or structure or any portion thereof.
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 other general health and
welfare of the occupants or the people of the Village of Sylvan Beach.
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 village.[1]
Those buildings for which a building permit has been issued for construction,
rebuilding, expanding, enlarging, demolition or in any way structurally altering
a building and for which the work described in the permit has been started
but not completed within a six-month period after the permit is granted shall
be deemed a possible hazard due to exposure to the elements, deterioration
and so forth. The person must apply for an extension for the permit without
added cost. At this time said applicant must express a valid reason to the
Codes Enforcement Officer for not having the work completed and further express
his desire and intent to complete it within the terms of the extension of
the permit, and a reasonable amount of time as determined by the Codes Enforcement
Officer will be allowed in the extension. If again the work is not completed
within the specified time, the Codes Enforcement Officer may direct the person
issued the permit to complete the work or remove that portion of the work
begun.
The following standards shall be followed in substance by the Enforcement
Officer and Village Board 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 chapter, 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 so damaged or
decayed or deteriorated from its original value or structure so that it cannot
be economically restored, 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,
The Enforcement Officer shall:
B.
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 and report his findings at
least annually to the Village Board or more frequently as requested by the
Village Board.
C.
Inspect any building, wall or structure reported, as
hereinafter provided for, by the Fire Departments or police officers operating
in this village as probably existing in violation of the terms of this chapter.
D.
Notify personally or in writing 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, 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 §§ 29-2 and 29-3 of this chapter that:
(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, as determined or specified by the enforcement officer, as
may be necessary to do, or have done, the work or act required by the notice
provided for herein.
E.
Set forth in the notice provided for in Subsection D 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 as determined or specified by the Enforcement Officer.
G.
Appear at all hearings conducted by the Village Board
and testify as to the condition of unsafe buildings.
H.
Place a notice on all unsafe buildings reading as follows: "This building has been found to be an unsafe building by this Enforcement Officer. 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 any other 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 executor's, 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 me to be an unsafe building within the standards set forth in § 29-2 and 29-3 of the Chapter of the Code of the Village of Sylvan Beach entitled "Buildings, Unsafe." It is unlawful to remove this notice until such notice is complied with."
A.
Written notice to owner or lessee. Upon receipt of a report of the Enforcement Officer as provided for in § 29-6F hereof, the Village Board shall 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 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 §§ 29-2 and 29-3 of this chapter to appear before it 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 Enforcement Officer's notice provided for herein in § 29-6D and E hereof.
B.
Holding hearings. The Village Board shall hold a hearing
and hear such testimony as the Enforcement Officer 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 order based on findings of fact. The Village Board shall issue an order based upon findings of fact made pursuant to Subsection C hereof 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, 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 village as provided in Subsection E hereof.
E.
Cause building to be repaired. If such person fails to comply with the order provided for in Subsection D hereof within 10 days, the Village Board shall cause such building or structure to be repaired, vacated or demolished, as the facts may warrant, under the standards hereinbefore provided for in § 29-4 of this chapter and shall, with the assistance of the Village Attorney, cause the costs of such repair, vacation or demolition 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 village, the Enforcement Officer shall notify the Village Attorney to take legal action to force the owner to make all necessary repairs or demolish the building.
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 Enforcement Officer shall report such facts to the Village Board, and the Village Board shall cause the immediate repair, vacation or demolition of such unsafe building. The casts of such emergency repair, vacation or demolition of such unsafe building shall be collected in the same manner as provided in § 29-7E.
In cases, except emergency cases, where the owner, occupant or lessee is absent from the village, all notices or orders provided for herein shall be sent by registered mail to the party in interest, as described in § 29-6D, 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 Village of Sylvan Beach 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 Village of Sylvan Beach as a result of any act required or permitted
in the discharge of his duties under this chapter shall be defended by the
Village Attorney until the final determination of the proceeding therein.
Any fireman of any Fire Department serving the village shall make a
report in writing to the Enforcement Officer of any buildings or structures
which are, may be or are suspected to be unsafe buildings within the terms
of this chapter. Such reports must be delivered to the Enforcement Officer
within 24 hours of the discovery of such buildings.
Any law enforcement official shall make a report in writing to the Enforcement
Officer 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 Enforcement Officer within 24 hours of the discovery of such buildings.[1]
In any case where a provision of this chapter is found to be in conflict
with a provision of any zoning, building, fire, safety or health local law
or code of the Village of Sylvan Beach existing on the effective date of this
chapter, the provisions which, in the judgment of the Village Board, establish
the higher standard for the promotion of health and safety of the people shall
prevail.
