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Village of Cooperstown, NY
Otsego County
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[HISTORY: Adopted by the Board of Trustees of the Village of Cooperstown 8-2-1984 by L.L. No. 1-1984 (§ 6.7 of the 1972 Ordinances). Amendments noted where applicable.]
Building code administration — See Ch. 50.
The title of this chapter shall be known as the "Unsafe Building Demolition Law."
The Codes Official of the Village of Cooperstown shall be charged with the responsibility of carrying out the obligations and duties set forth in this chapter.
No person, firm, corporation or association that is the owner of a building in the Village of Cooperstown shall cause, suffer, allow or permit the said building to become dangerous or unsafe to the public. It shall be the duty and responsibility of the owner of any such building to take all steps necessary to prevent a building from becoming dangerous or unsafe to the public from any cause whatsoever. If such building does become dangerous, the owner shall repair or remove said building. In the event of the failure of the owner to repair or remove said building, the Codes Official of the Village of Cooperstown shall make a complete inspection and report of the condition of said building to the Board of Trustees. Notice shall thereafter be served on the owner or some one of the owners, executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in said building. The said notice shall contain a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous, and an order requiring the said building or structure to be made safe and secure or removed. The said notice shall also provide for the time within which the person served with the said notice shall commence and complete the securing or removal of the building or structure. In the event of the neglect or refusal of the person so served with the said notice to comply with the same, a survey of the premises shall be made by an inspector or architect to be named by the Board of Trustees of said Village and a particular builder, engineer or architect appointed by the person notified as above. In the event of the refusal or neglect of the person so notified to appoint such surveyor, said Board of Trustees shall appoint two surveyors, who shall make the survey and report. The notice shall further provide that, in the event the building or other structure is reported dangerous or unsafe under such survey, an application shall be made at a Special Term of the Supreme Court, Otsego County, for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed. Surveyors appointed by the Board of Trustees shall be compensated by the Village.
A signed copy of the report of the surveyors shall be posted on the building.
All costs and expenses incurred by the Village in connection with any and all of the above proceedings to remove or secure, including the cost of actually removing the said building or structure or securing the same, shall be assessed against the land on which the building or structure is located.
If such owner or person served by mail as hereinabove provided shall fail to pay the costs and expenses incurred by the Village within 10 days after being notified of the costs thereof by registered mail, the Village Clerk shall file, immediately preceding the time for making the annual assessment roll, a certificate of such actual cost and expense, with a statement as to the property upon which such cost and expense were incurred and the buildings or other obstructions removed, as the case may be, with the Assessor of the Village, who shall, in the preparation of the next assessment roll of general Village taxes, assess such amount upon such property, and the same shall be levied, collected and enforced in the same manner, by the same proceedings, at the same time, under the same penalties, and having the same lien upon the property assessed as the general Village tax and as a part thereof.
In cases of great emergency, where the delay of proceedings, as hereinbefore provided, would result in probable loss of life or property, the Mayor shall have the power to direct the Codes Official to proceed at once to take such action as is needed to guard the safety of persons and property.
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 Sections 108 and 109 of the Property Maintenance Code of New York State.
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).