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Town of Amherst, NY
Erie County
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Table of Contents
Table of Contents
Code
New Laws (12) Index
[Added 12-2-1985 by L.L. No. 6-1985]
This article shall be known and may be cited as the "Damaged Building Code" and shall be Article VI of the Property Maintenance Code enacted as Local Law No. 5-1976, as amended.
There exists or may hereafter exist in the Town of Amherst buildings which are or tend to be substandard because of deteriorating conditions resulting from fire or explosion. They are injurious to the public health, safety and welfare and may constitute a nuisance. To preserve the health, safety and welfare of the residents of the Town of Amherst, protect the value of neighboring properties, prevent blight and provide means and methods of inspecting and correcting these buildings where they do or may hereinafter exist, this code is enacted.
Words in this article are normally used in their ordinary English usage. Certain terms shall have the meanings hereinafter set forth, except where the context clearly indicates a different meaning:
BUILDING
A structure wholly or partially enclosed within exterior walls or within exterior and party walls and a roof, affording shelter to persons, animals or property; a mobile home.
LAW
Includes laws, statutes, ordinance codes, rules or regulations.
PERSON
The owner, occupant, mortgagee or vendee in possession, operator, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of a residence building or part thereof.
A. 
When a building is hereafter damaged by fire or explosion so as to be incapable of being occupied or used according to the standards set forth in § 151-36, the owner of such building shall, within 72 hours after such occurrence, seal said building against access by unauthorized persons. The owner shall clear the site of debris incident to the occurrence within two weeks after the occurrence.
B. 
This article shall apply to buildings damaged by fire or explosion to the extent of being incapable of occupancy or use according to the standards set forth in § 151-36 prior to its effective date and which, on that date, remain in that condition. As to those buildings, the owner shall seal the building against access by unauthorized persons and clear all debris incident to the fire or explosion from the site within three days following the effective date of this article.
Within 60 days after an occurrence described in § 151-28A or, as to buildings described in § 151-28B, within 15 days after this article takes effect, the owner or his agent shall notify the Building Commissioner, in writing, of his intent to pursue one of the following courses of action:
A. 
To demolish the building and not rebuild.
B. 
To demolish the building and rebuild a new building on a new foundation.
C. 
To demolish the building and rebuild a similar building on the same foundation.
D. 
To repair the building.
In the event that the owner elects to demolish the building, he shall secure a demolition permit within two weeks after filing the notice of intent. The building shall be demolished, and the site shall be cleared of all debris within 30 days of the issuance of said permit. Site clearance shall include the removal of all debris from the foundation and backfilling with clean inorganic fill.
In the event that the owner elects to demolish the building and rebuild, he shall file plans with the Building Commissioner and apply for a demolition permit and a building permit within 90 days after filing the notice of intent. The building shall be demolished and the site cleared of all debris within 30 days and rebuilding completed within six months of the issuance of the building permit.
In the event that the owner elects to repair the building, he shall apply for a building permit within 90 days after filing the notice of intent and shall clear the site and begin construction within 30 days and complete all repairs within six months of the issuance of the building permit.
On receipt of a notice pursuant to § 151-29, the Building Commissioner shall review the matter and determine whether authorization of the Zoning Board of Appeals is required in the case of any proposed construction, reconstruction or repair. He shall notify the owner if authorization is required. In such event, the owner shall make application to that Board within 30 days of the Commissioner's determination.
A. 
Where the owner shall not have notified the Building Commissioner as provided in § 151-29 or where said owner shall not have taken action to secure necessary permits and undertake demolition or repair pursuant to the appropriate section or sections of this article, the Building Commissioner shall notify the Town Board. The Board shall review the matter, including the reports of the Building Commissioner and the appropriate Fire Chief. The Town Board shall make a finding as to whether the building is unfit for use or occupancy under the standards set forth in § 151-36, and, in the event of such finding, it shall notify the property owner, who shall be given an opportunity to be heard.
B. 
If, after hearing the owner, the Town Board confirms its finding that the building is unfit for use or occupancy under the standards set forth in § 151-36, it shall continue the proceedings under this code. If it determines that it is fit for such use and occupancy, the proceedings shall be terminated.
C. 
In the event that the property owner shall not have taken action to secure permits pursuant to this code or commence work under an issued permit within two weeks of notification under this section or of hearing before the Board, whichever shall be later, the Town Board shall institute action to demolish the building or take other action as may be necessary to secure compliance with this code.
D. 
The costs of proceedings under this section, including costs of surveys, appraisals, notices and other assignable costs and interest thereon, shall be assessed against and become a lien on the property, as provided in Article V of this chapter.
The designation of buildings as unfit for occupancy or use and the procedure for the condemnation shall be carried out by the Commissioner of Building in compliance with the requirements set forth in this code.
Any building which shall be found by the Commissioner of Building to have any of the following defects shall be condemned as unfit for occupancy or use after due notice pursuant to this code:
A. 
One which is so damaged due to fire or explosion that it creates a serious hazard to the health or safety of occupants or of the public.
B. 
One which, due to fire or explosion, lacks illumination, ventilation, sanitation facilities or structural integrity sufficient for use and occupancy under applicable law.
C. 
One which, due to fire or explosion, is so damaged that the cost of repairs necessary to make it fit for use and occupancy will exceed its value after those repairs.
Any building condemned as unfit for occupancy or use and so designated shall be vacated within reasonable time as ordered by the Commission of Building.
No building which has been condemned as unfit for occupancy or use shall again be used until written approval is secured from the Commissioner of Building.
The Commissioner of Building or any duly designated inspector in the Department is hereby authorized and directed to make all inspections necessary to determine whether compliance with the provisions of this code exists. For the purpose of making such inspections, the Commissioner of Building is hereby authorized to enter, examine and survey at all reasonable times fire- or explosion-damaged buildings and their premises. The owner or occupants of every such building or the person in charge thereof shall give the Commissioner of Building and designated inspectors free access to such building and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of such a building shall give the owner thereof, or his agent or employee, access to any part of such building unit or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this code or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this code.
Whenever the Commissioner of Building determines that there are reasonable grounds to believe that there has been a violation of any provision of this code, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:
A. 
Be in writing.
B. 
Allow seven days for the performance of any act it requires.
C. 
Be served upon the owner or agent, and occupant as the case may require. The notice shall be deemed to be properly served upon such owner or agent or occupant if a copy thereof is served personally; a copy is sent by certified mail to the last known address of such owner or agent or occupant and another copy is posted within 24 hours thereafter in a conspicuous place in or about the building affected by the notice; or a copy is served by any other method authorized or required under the laws of this state.
Whenever the Commissioner of Building finds that an emergency exists which requires immediate action to protect the public health, safety and welfare, he may issue an order in writing to the owner, agent or occupant reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this article, his order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately. If such person does not respond with sufficient promptness to meet the emergency, then the Commissioner of Building shall have the power to correct the emergency, and any expense incurred by the Town of Amherst shall be assessed against and become a lien on the property, as provided in Article V of this chapter.
Whenever the Commissioner of Building finds that there are or have been recurring, repeated or continuing violations of any of the provisions of this code, he may, with respect to the recurring, repeated or continuing violations, institute immediate appropriate legal action to eliminate such violation or violations.
Any person who, having been served with a notice or order under this code to remove or cease any violation thereof, fails to comply therewith within the time fixed by the Commissioner of Building shall be guilty of an offense against this code, punishable for each offense by a fine not exceeding $150 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment for each offense.
Notwithstanding any other provision of this code, any person who, having secured a demolition permit pursuant to this code, does not demolish the building and clear the site within the time limited by this code shall be in violation of this code and shall be subject to a fine of $100 for each day that such violation continues, which penalty shall be a civil penalty and in addition to that provided in § 151-43.
Should any section, paragraph, sentence, clause or phrase in this code be declared unconstitutional or invalid for any reason, the remainder shall not be affected thereby and shall remain in full force and effect, and to this end the provisions of this code are declared to be severable.
This article shall take effect January 1, 1986.