[HISTORY: Adopted by the Board of Trustees of the Village
of Mount Morris 5-7-1981 by L.L. No. 4-1981. Amendments noted where
applicable.]
Unsafe buildings pose a threat to life and property in the Village
of Mount Morris. Buildings and structures may become unsafe by reason
of damage by fire, the elements, age or general deterioration. Vacant
buildings not properly secured at doorways and windows also serve
as attractive nuisances for young children who may be injured therein,
as well as points of congregation for vagrants and transients. A dilapidated
building may also serve as a place for 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 Mount Morris by requiring
such unsafe buildings to be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings Law" of
the Village of Mount Morris.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof used for residential,
business, industrial or any other purpose.
The Code Enforcement Official of the Village of Mount Morris
or such other person appointed by the Board of Trustees to enforce
the provisions of this chapter.
[Amended 12-1-1988 by L.L. No. 9-1988]
[Amended 12-1-1988 by L.L. No. 9-1988]
When, in his own opinion or upon receipt of information that
a building is or may become dangerous or unsafe to the general public,
is open at the doorways and windows, making it accessible to and an
object of attraction to people under 18 years of age, as well as to
vagrants and other trespassers, is or may become a place of rodent
infestation, presents any other danger to the health, safety, morals
and general welfare of the public or is unfit for the purposes for
which it may lawfully be used, the Code Enforcement Official shall
cause or make an inspection thereof and report, in writing, to the
Board of Trustees his findings and recommendations in regard to its
repair or demolition and removal.
The Board of Trustees shall thereafter consider such report
and, by resolution, determine, if, in its opinion, the report so warrants,
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 upon the persons and in the
manner provided herein.
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 Board of Trustees
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 Board
of Trustees 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.
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 certified 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; and
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
in the office of the County Clerk of the County of Livingston.
In the event of the refusal or neglect of the person so notified to comply with said order of the Board of Trustees and after the hearing, the Board of Trustees shall provide for the demolition and removal of such building or structure either by Village employees or by contract. Except in an emergency, as provided in § 70-11 hereof, any contract for demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding.
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 actually removing such building, 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
22 of the Village Law for the levy and collection of a special ad
valorem levy.
[Amended 12-1-1988 by L.L. No. 9-1988]
A.
Whenever the Code Enforcement Official finds a building or structure
or part thereof to be an imminent danger to the life and safety of
the public, the Code Enforcement Official may cause it to be demolished
and removed or may cause work to be done in and about the building
or structure as may be necessary to remove the danger.
B.
The Code Enforcement Official may require the occupants of any such
building or structure or part thereof to vacate the premises forthwith.
No person shall use or occupy such building or structure or part thereof
until it is made safe.
C.
Except for the owner, no person shall enter premises which have been
ordered vacated unless authorized to perform inspections or repairs
or to demolish and remove such building or structure or part thereof.
D.
All costs and expenses incurred by the Village of Mount Morris in
connection with any work done to remove the danger or in connection
with the demolition and removal of any such building or structure
shall be assessed against the land on which such building or structure
is located, and a bill for such expenses shall be presented to the
owner of the property, or, if the owner cannot be ascertained, then
such bill shall be posted in a conspicuous place on the premises.
Such assessment shall be and constitute a lien upon such land. If
the owner shall fail to pay for such expenses within 10 days after
the bill is presented or posted, a legal action may be brought to
collect such assessment or to foreclose such lien. As an alternative
to the maintenance of any such action, the Code Enforcement Official
may file a certificate of the actual expenses incurred as aforesaid,
together with a statement identifying the property in connection with
which the expenses were incurred and the owner thereof, with the Assessor,
who shall, in the preparation of the next assessment roll, assess
such amount upon such property. Such amount shall be included in the
levy against such property, shall constitute a lien and shall be collected
and enforced in the same manner, by the same proceedings, at the same
time and under the same penalties as is provided by law for the collection
and enforcement of real property taxes in the Village of Mount Morris.
