[HISTORY: Adopted by the Board of Trustees of the Village
of Monticello 1-5-1976 by L.L.
No. 1-1976 (Ch. 63 of the 1976 Code); amended in
its entirety 6-7-1993 by L.L. No.
10-1993. Subsequent amendments noted where applicable.]
This chapter is entitled "A Local Law Requiring the Making Secure
or Safe or the Removal of Unsafe or Dangerous Buildings and Providing
a Method of Abating Violations in the Event of Neglect or Refusal
to Make Secure or Safe or Remove Such Buildings."
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The provisions of this chapter shall be in addition to, and
in furtherance of, the New York State Uniform Fire Prevention and
Building Code.
This chapter shall provide for the removal or repair of buildings
or parts of buildings in the Village of Monticello that may now be
or may hereafter constitute a danger and a threat to the safety, health,
comfort and general welfare of this Village.
The following words and phrases, as used in this chapter, shall
have the meanings hereinafter ascribed to them. All other words and
phrases shall have the meanings normally ascribed to them.
The duly elected and constituted Board of Trustees of the
Village of Monticello.
Any building, structure, shed, fence or other man-made structure
or portion thereof used for residential, business, industrial, recreational
or other purpose.
Any debris, rubble or parts of buildings which remain on
the ground or on the premises after demolition, reconstruction, fire
or other casualty.
Any building, structure, shed, fence or other man-made structure
or portion thereof which, because of its structural condition, is
or may become dangerous or unsafe to the public, including conditions
of structures, buildings or portions thereof, such as but not limited
to the following:
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 or the general health
and welfare of the occupants or the people of the Village.
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,
safety or general welfare of those living therein.
Those having light, air and sanitation facilities which are
inadequate to protect the health, safety or general welfare of human
beings who live or may live therein.
It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Village of Monticello to maintain such building or structure or portion of any building or structure in any condition or manner which shall be unsafe as defined in § 119-3 of this chapter.
When, in the opinion of the Code Enforcement Official or Village Engineer, any building or structure located in the Village of Monticello shall be deemed to be dangerous or unsafe to the public as defined in § 119-3, the Code Enforcement Official or Village Engineer shall make a formal inspection thereof and report, in writing, to the Village Board of Trustees his/her findings and recommendations in regard to the building's or structure's removal or repair.
The Village Board of Trustees shall thereupon consider said
report and, if it finds that such building or structure is dangerous
and unsafe to the public, it shall, by resolution, order its repair,
if the same can be safely repaired, and if not, its removal and demolition,
and shall further order that a hearing be held before the Village
Board of Trustees at a time and place therein specified and on at
least five days' notice to the owner of the building or structure
or persons having an interest therein to determine whether said order
to repair or remove shall be affirmed or modified or vacated and,
in the event of modification or affirmance, to assess all costs and
expenses incurred by the Village in the repair or removal of such
building or structure against the land on which said building or structure
is located. Said order shall also provide that the securing or removal
of said building or structure shall commence within 15 days after
service of notice and shall be completed within 60 days thereafter.
The notice shall contain the following statements:
A.
The name of the owner or person in possession as appears from the
tax and deed records.
B.
A brief description of the premises and its location.
C.
A description of the building or structure which is unsafe or dangerous
and a statement of the particulars in which it is unsafe or dangerous.
D.
An order requiring the same to be made safe and secure or to be removed.
E.
That the securing or removal of said building or structure shall
commence within 15 days of the service of the notice and shall be
completed within 60 days thereafter.
F.
The time and place of the hearing to be held before the Village Board,
at which hearing the owner or occupant shall have the right to contest
the order and findings of the Village Board.
G.
That in the event that such owner, occupant or other person having
an interest in said premises shall fail to contest such order and
fail to comply with same, the Village Board will order the repair
or removal of such building or structure by the Village and that the
Village will assess all costs and expenses incurred in such removal
or repair against the land on which such building or structure is
located.
A.
A copy of said notice shall be personally served upon the owner or
some one of the owners, executors, legal representatives, agents,
lessees or other person having a vested interest in the premises as
shown on the Village tax records or in the records in the Sullivan
County Clerk's office.
B.
If no such person can be reasonably found for personal service, then
a copy of said notice shall be mailed to such persons by certified
mail, return receipt requested, addressed to his last known address
as shown on said records and by personally serving a copy of said
notice upon any adult person residing in or occupying said premises
or by securely affixing a copy of said notice upon said building or
structure.
C.
A copy of said notice shall be filed in the Sullivan County Clerk's
office, which notice shall be filed 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. A notice so filed shall be effective for a period of one
year from the date of filing. It may be vacated upon an order of a
judge or justice of a court of record or upon consent of the Village.
The Sullivan County Clerk shall mark such notice and any record or
docket thereof as canceled of record upon the presentation and filing
of such consent or of a certified copy of such order.
The Village Board shall conduct the public hearing at the time
and place specified in the notice to repair or demolish. It may adjourn
the hearing from time to time until all interested parties are heard
and until the hearing is completed. At the conclusion of the hearing,
the Village Board shall determine by resolution to revoke the order
to repair or remove, to modify said order, or to continue and affirm
said order and direct the owner or other persons to complete the work
within the time specified in the order or such other time as shall
be determined by the Village Board.
The transfer of title by the owner of premises upon which a
dangerous building is located shall be no defense to any proceedings
in this chapter.
In the event of the refusal, failure or neglect of the owner
or person so notified to comply with said order of the Village Board
within the time specified in said order and after the public hearing,
the Village Board shall provide that such building or structure be
made safe and secure or removed and demolished by Village employees
or by independent contractors. Except in emergency cases as herein
provided any contract for repair or demolishing and removal of a building
or structure in excess of $5,000 shall be awarded through competitive
bidding.
[Amended 6-21-1999 by L.L. No. 5-1999]
In addition to serving a notice on the owner as provided in §§ 119-6 through 119-8 above, the Board of Trustees may, if it determines that the purposes of this chapter will be further effectuated, order that no person other than an owner or his/her agent shall enter upon the property and shall post on such property signs indicating "No Trespassing." When such a determination is made, notice of such fact shall be included in the notice to the owner.
[Amended 9-18-2012 by L.L. No. 10-2012]
All expenses incurred by the Village in connection with the
proceedings to repair and secure or demolish and remove the unsafe
building(s), including the cost of actually removing such buildings(s)
(including any such expenses incurred prior to involuntary compliance),
plus a charge of 15% thereof as reimbursement to the Village for administering,
supervising and handling said work; and all monies that relate to
court-imposed costs, fines or penalties concerning any land or building
in the Village as well as fines or costs imposed by the Building Inspector
concerning land or buildings in the Village which have not been appealed
or otherwise contested pursuant to lawful remedies by the landowner
or person so charged shall be assessed against the land on which such
building is located and shall be levied and collected in the same
manner as provided in Article 5 of the Village Law and Article 14
of the Real Property Tax Law for the levy of taxes and/or for ad valorem
levies, and or as provided in § 78-b of the General Municipal
Law.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of a person or property, unless an unsafe building or structure is immediately repaired and secured or demolished, the Village Board may, by resolution, authorize the Code Enforcement Official or Village Engineer to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition shall be charged against the land on which it is located and shall be assessed, levied and collected as provided in § 119-13 hereof.
[Amended 6-21-1999 by L.L. No. 5-1999]
