[HISTORY: Adopted by the Common Council of
the City of Norwich 11-11-1969 by Ord. No. 1-1969. Amendments noted where
applicable.]
Pursuant to the provisions of § 20,
Subdivision 35, of the General City Law of the State of New York,
the repair or removal of any building or structure within the City
of Norwich that, from any cause, endangers the health, safety or welfare
of the public is hereby compelled, in accordance with the procedures
hereinafter set forth.
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 but not limited to Sections 108 and 109 of
the Property Maintenance Code of New York State.
The following procedures are hereby established
to compel the repair or removal of any building or structure within
the City which endangers the health, safety or welfare of the public.
A.
The City Engineer of the City of Norwich shall inspect
and submit a written report for the City building inspection files,
setting forth in detail the condition of the building or structure
inspected at the time of such inspection and shall submit copies of
such inspection report to the Mayor, the Aldermen of the ward within
which such building or structure is located, and the City Attorney.
B.
If the City Engineer shall find said building or structure
endangers the health, safety or welfare of the public, he shall cause
to be served upon the owner, and upon all other persons having an
interest in such building or structure, either personally or by registered
mail with return receipt requested, addressed to his or her last known
address as shown by the City of Norwich tax assessment roll, a notice
containing a description of the premises and building or structure
thereon, a statement of the particulars in which the building or structure
is unsafe or dangerous and a hazard to the public health, safety or
welfare, together with an order of the City Engineer requiring such
building or structure to be repaired or removed and a copy of such
notice shall be posted on such building or structure in a conspicuous
location.
C.
Such notice of repair or removal so served shall require the owner to commence the repair or removal of such building or structure within 30 days after service of notice pursuant to Subsection B has been made.
D.
The City Engineer shall file a copy of the notice, provided for under Subsection B, in the office of the Chenango County Clerk within seven days after service under Subsection B is complete. Such notice shall be filed by the County Clerk in the same manner as a notice of pendency of action, pursuant to Article 65 of the Civil Practice Law and Rules, and shall have the same force and effect as a notice of pendency as therein provided, except as otherwise specified in this subsection. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon order of a judge or a justice of a court of record or upon written consent of the City Attorney of the City of Norwich. The Chenango County Clerk shall mark such notice of pendency and any record or docket thereof as cancelled upon presentation and filing of such written consent or certified copy of such judge or court order.
E.
There shall be a hearing before a hearing officer
appointed by the Mayor, with approval of the Common Council, notice
of which and the time and place thereof shall be specified in the
notice to repair or demolish, served upon the owner and such persons
having an interest in the property or structure as in herein prescribed.
[Amended 9-28-1982]
F.
In the event that the owner fails or refuses to repair or remove such building or structure within the time specified in Subsection C, the City of Norwich, with the approval of the Common Council of the City of Norwich, may enter upon such property and cause the same to be removed.
G.
All costs and expenses incurred by the City of Norwich
in connection with the proceedings to repair or remove such building
or structure, including the cost of actually removing the same, shall
be assessed against the land on which such building or structure is
located. Said assessment shall be and constitute a lien upon the land
so affected. The City of Norwich may bring and maintain an action
as upon contract for such assessment, or to foreclose such lien or
liens. As an alternative to the maintenance of any such action, the
Common Council of the City of Norwich may annually cause a statement
to be prepared setting forth the amount of each lien for any such
assessment in arrears, the real property affected thereby and the
name of the person in whose name such real property is assessed. Such
statement shall be presented to the Common Council of the City of
Norwich on or before October 15 of each year. The Common Council of
the City of Norwich shall levy the amounts contained in such statement
against the real property liability at the same time and in the same
manner as the City of Norwich taxes, and such amounts shall be set
forth in a separate column in the annual tax rolls of the City of
Norwich. The amount so levied shall be collected and enforced in the
same manner and at the same time as is provided by law for the collection
and enforcement of the City of Norwich taxes.
