[HISTORY: Adopted by the Board of Trustees of the Village of Middleport 2-6-1984
by L.L. No. 1-1984. Amendments noted where applicable.]
Unsafe buildings pose a threat to life and property in the Village of
Middleport. Buildings and structures may become unsafe by reason of damage
by fire, the elements, age or general deterioration. Vacant buildings not
maintained or not properly secured at doorways and windows also serve as an
attractive nuisance for young children who may be injured therein, as well
as point of congregation by vagrants and transients. A dilapidated building
may also serve as a place of rodent infestation thereby creating a health
menace to the community. It is the purpose of this chapter to provide for
the safety, health protection and general welfare of persons and property
in the Village of Middleport by requiring such unsafe buildings be repaired
or demolished and removed.
This chapter shall be known as "Unsafe Buildings Law of the Village
of Middleport."
As used in this chapter, the following terms shall have the meanings
indicated:
Any building, structure or portion thereof.
The Superintendent of Public Works of the Village of Middleport,
or such other person appointed by the Village Board to enforce the provisions
of this chapter.
When in his own opinion or upon receipt of information that a building
is or may become dangerous or unsafe to the general public; or is open at
the doorways and windows making it accessible to and an object of attraction
to minors under 18 years of age, as well as to vagrants and other trespassers;
or is or may become a place of rodent infestation; or presents any other danger
to the health, safety, morals and general welfare of the public; or is unfit
for the purposes for which it my lawfully be used, the inspector shall cause
or make an inspection thereof and report, in writing, to the Village Board
his findings and recommendations in regard to its repair or demolition and
removal.
The Village Board shall thereafter consider such report. If, in the
Board's opinion, the report so warrants, it shall, by resolution, determine
that such building is unsafe and dangerous and order its repair, if the same
can be safely repaired, or its demolition and removal, and further order that
a notice be served as herein provided.
The notice shall contain the following:
A.
A description of the premises;
B.
A statement of the particulars in which the building
is unsafe or dangerous;
C.
An order outlining the manner in which the building is
to be made safe and secure, or demolished and removed;
D.
A statement that the securing or removal of such building
shall commence within 30 days of the service of the notice and shall be completed
within 60 days thereafter, unless for good cause shown such time shall be
extended;
E.
A date, time and place for a hearing before the Village
Board in relation to such dangerous or unsafe building, which hearing shall
be scheduled not less than five business days from the date of service of
the notice;
F.
A statement that in the event of neglect or refusal to
comply with the order to secure or demolish and remove the building, the Village
Board is authorized to provide for its demolition and removal, to assess all
expenses thereof against the land on which it is located and to institute
a special proceeding to collect the costs of demolition, including legal expenses;
and
G.
A statement that maintenance of a building in a dilapidated
or unsafe condition constitutes a violation punishable by fine and/or imprisonment.
The said notice shall be served:
A.
By personal service of a copy thereof upon the owner,
executor, administrator, agent, lessee or any person having a vested or contingent
interest in such unsafe building as shown by the records of the Receiver of
Taxes (or Tax Collector) or of the County Clerk; or if no such person can
be reasonably found, by mailing such owner by registered mail a copy of such
notice directed to his last known address as shown by the above records.
B.
By personal service of a copy of such notice upon any
adult person residing in or occupying said premises if such person can be
reasonably found.
C.
By securely affixing a copy of such notice upon the unsafe
building.
A copy of the notice served as provided herein shall be filed or tendered
for filing in the Office of the County Clerk of the County of Niagara.
In the event of the refusal or neglect of the person so notified to
comply with said order of the Village Board and after the hearing, the Village
Board shall provide for the demolition and removal of such building or structure
either by village employees or by contract.
All expenses incurred by the village in connection with the proceedings
to repair and secure or demolish and remove the unsafe building, including
the cost of any survey determined necessary and the cost of actually removing
such buildings, 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 § 5-518 of the Village Law of the State of New York.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the Village Board may by resolution authorize the inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 76-10 hereof.
In addition to the civil remedies provided for herein, any person refusing or neglecting to comply with the order of the Village Board as set forth in § 76-5, after service of the notice as set forth in §§ 76-6 and 76-7, shall be guilty of a violation and shall, upon conviction thereof, be subject to a fine of not more than $250 and/or to imprisonment of not more than 15 days, and each week of refusal or neglect to comply shall constitute a separate offense. This section shall not apply to persons who are notified solely because they are tenants or occupants, except that it shall apply to tenants occupying said building pursuant to a lease exceeding one year in duration.
