[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.]
GENERAL REFERENCES
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.
