[HISTORY: Adopted by the Board of Trustees of the Village
of Spencerport 8-5-2009 by L.L. No. 5-2009. Amendments noted where
applicable.]
Dangerous buildings pose a threat to life and property in the
Village of Spencerport. Buildings and structures may become dangerous
by reason of damage by fire, the elements, age or general deterioration.
Vacant buildings not properly secured at doorways and windows also
serve as an attractive nuisance for young children who may be injured
therein, as well as a 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 Spencerport by requiring
that such dangerous buildings be repaired or demolished and removed.
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 107 and 108 of
the Property Maintenance Code of New York State.
This chapter shall be known as the "Unsafe Buildings Law" of
the Village of Spencerport.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure or portion thereof used for residential,
business or industrial purpose.
The Code Enforcement Officer and all code enforcement personnel as defined in § 125-2 of the Code of the Village of Spencerport or such other persons appointed by the Board of Trustees to enforce the provisions of this chapter.
The Village of Spencerport.
When in his own opinion or upon receipt of information that
a building: is or may become dangerous or unsafe to any member of
the general public; 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; 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
Officer shall cause or make an inspection thereof and report in writing
to the Board of Trustees of the Village 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; and
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 repair or 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 as shown by
the records of the then-official assessment roll of the Village; or
if no such person can be reasonably found, by mailing such owner by
regular mail a copy of such notice directed to his last known address
as shown by the above records; and
B.
By securely affixing a copy of such notice upon the unsafe or dangerous
building.
A copy of the notice served as provided herein may be filed
in the office of the County Clerk of the County of Monroe.
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 repair or demolition and removal of such building or structure either by Village employees or by contract. Except in an emergency as provided in § 129-11 hereof, any contract for repair or demolition and removal of a building shall be awarded through competitive bidding if so required by law.
All expenses incurred by the Village in connection with the
proceedings to repair and secure and demolish and remove the unsafe
or dangerous building, including the cost of actual removing such
building, and all reasonable and necessary legal expenses incidental
thereto, shall be assessed against the land on which such building
is located and shall be levied and collected in the same manner and
at the same time as other Village charges.
Where it reasonably appears that there is present a clear and imminent danger to life, safety or health of any person or property, unless an unsafe or dangerous building is immediately repaired and secured or demolished, the Board of Trustees may by resolution authorize the Code Enforcement Officer to immediately cause the repair or demolition and removal of such unsafe or dangerous building. The expenses of such repair or demolition and removal shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 129-10 hereof.
Any person, firm or corporation who violates any provisions
of this chapter or who shall omit, neglect or refuse to do any act
required by this chapter shall, for each and every such violation
and noncompliance, respectively, forfeit and pay a penalty of not
exceeding $250 or be imprisoned for not exceeding 15 days, or both.
