Village of Malone, NY Unsafe Buildings and Structures

Those whose interior walls or other vertical structural members list, lean or buckle to such extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

Those which, exclusive of the foundation, show 33% or more or damage or deterioration of the supporting member or members, or 50% of damage or deterioration of the nonsupporting enclosing or outside walls or covering.

Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.

Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Village of Malone.

Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein.

Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.

Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of escape.

Those which have parts thereof which are so attached that they may fall and injure members of the public or property.

Those which, because of their condition, are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the Village of Malone.

Those buildings existing in violation of any provision of Chapter 66 entitled "Zoning" and any other provisions of this Municipal Code.

§ 57-2 Standards for repair, vacation or demolition.

The following standards shall be followed, in substance, by the Code Enforcement Officer and the Board of Trustees in ordering repair, vacation or demolition:

If the unsafe building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter it shall be ordered repaired.

If the unsafe building is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated.

In any case where an unsafe building is so damaged or decayed, or deteriorated from its original value or structure so that it cannot be economically restored, it shall be ordered demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be demolished. In all cases where an unsafe building is a fire hazard existing or erected in violation of the terms of this chapter, or any other provisions of this Municipal Code or laws of the State of New York, it shall be demolished.

§ 57-3 Unsafe buildings; nuisances.

All unsafe buildings within the terms of § 57-1 of this chapter are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.

§ 57-4 Duties of Code Enforcement Officer.

The Code Enforcement Officer shall:

Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this chapter, and report his findings at least monthly to the Board of Trustees or more frequently as requested by the Board or the Mayor.

Inspect any building, wall or structure reported (as hereinafter provided for) by the Police Department of this Village as probably existing in violation of the terms of this chapter.

When, in his opinion, he shall deem any structure existing in violation of this chapter, he shall cause a further examination thereof to be made by a licensed architect or professional engineer, after approval by the Village Board. Upon concurrence with the Code Enforcement Officer's opinion by such architect or engineer, if required by the Village Board, the Code Enforcement Officer shall promptly notify personally, or in writing, the owner or someone of the owner's executors, legal representatives, agents, lessees or any other person having vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or someone of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of any building found by him to be an unsafe building within the standards set forth in § 57-1 of this chapter.

(1)

The owner must vacate, repair, or demolish said building in accordance with the terms of the notice and this chapter.

(2)

The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession.

(3)

Any mortgagee, agent or other persons having an interest in said building may, at his own risk, repair, vacate or demolish said building or have such work or act done; provided, that any person notified under this subsection to repair, vacate, or demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.

Set forth in the notice provided for Subsection C hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which make the building or structure an unsafe building and an order requiring the same to be put in such condition as to comply with terms of this chapter within such length of time, not exceeding 30 days, as is reasonable.

Report to the Board of Trustees any noncompliance with the notice provided for in Subsection C and D hereof.

Appear at all hearings conducted by the Board of Trustees, and testify as to the condition of unsafe buildings.

Place a notice on all unsafe buildings, reading as follows: "This building has been found to be an unsafe building by this Code Enforcement Officer. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or someone of the owner's executors, legal representatives, agents, lessees, or other person having vested or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of any building found by me to be an unsafe building within the standards set forth in § 57-1 of Chapter 57 of the Village of Malone Municipal Code. It is unlawful to remove this notice until such notice is complied with."

§ 57-5 Duties of Board of Trustees.

The Board of Trustees shall:

Written notice to owner or lessees. Upon receipt of report of the Code Enforcement Officer as provided for in Subsection E of § 57-4 hereof, give written notice to the owner, or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or someone of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of such building found to be an unsafe building within the standards set forth in § 57-1 of this chapter, to appear before them on the date specified in the notice to show cause why the building or structure reported to be an unsafe building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Code Enforcement Officer's notice provided for herein in Subsections C and D of § 57-4.

Hold hearings. Hold a hearing and hear such testimony as the Code Enforcement Officer or the owner, or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property as shown by the records of the Assessor or in the office of the County Clerk shall offer relative to the unsafe building.

Written findings of fact. Make written findings of fact from the testimony offered pursuant to Subsection B as to whether or not the building in question is an unsafe building within the terms of § 57-1 hereof.

Issue order based on findings of fact. Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner, or someone of the owner's executors, legal representatives, agents, lessees or any other person having vested or contingent interest in the property as shown by the records of the Assessor or in the office of the County Clerk, to repair, vacate or demolish any building found to be an unsafe building within the terms of this chapter and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said unsafe building, or any person not the owner of said unsafe building but having an interest in said building may demolish said unsafe building at his own risk to prevent the acquiring of a lien against the land upon which the said unsafe building stands by the Village as provided in Subsection E hereof.

Cause building to be repaired. If such person fails to comply with the order provided for in Subsection D hereof, within 10 days, the Board of Trustees shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in § 57-2 of this chapter and shall cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien, or cause such costs to be added to the tax rolls as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner, provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety, or general welfare of the people of this Village, the Code Enforcement Officer shall notify the Village Attorney to take legal action to force the owner to make all necessary repairs or demolish the building.

Report names not complying to Village Attorney. Report to the Village Attorney the names of all persons not complying with the order provided for in Subsection D of this section.

§ 57-6 Emergency cases.

In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an unsafe building as defined herein is immediately repaired, vacated or demolished, the Code Enforcement Officer shall report such facts to the Board of Trustees and the Board of Trustees shall cause the immediate repair, vacation or demolition of such unsafe building. The costs of such emergency repair, vacation or demolition of such unsafe building shall be collected in the same manner as provided in Subsection E of § 57-5.

§ 57-7 Where owner absent from Village.

In cases, except in emergency cases, where the owner, occupant, or lessee is absent from the Village, all notices or orders provided for herein shall be sent by registered mail to the party in interest as described in Subsection C of § 57-4 to the last known address of such party in interest, and a copy of such notice shall be posted in a conspicuous place on the unsafe building to which it relates. Such mailing and posting shall be deemed adequate service.

§ 57-8 Administrative liability.

No officer, agent or employee of the Village of Malone shall render himself personally liable for any damage that may accrue to the persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the Village of Malone as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the Village until the final determination of the proceeding therein.

§ 57-9 Duties of Police Department.

All employees of the Village of Malone Police Department shall make a report in writing to the Code Enforcement Officer of any buildings or structures which are or may be deemed to be unsafe buildings within the terms of this chapter. Such reports must be delivered to the Code Enforcement Officer within 24 hours of the discovery of such building.

§ 57-10 Transfer of title.

The transfer of title by the owner of premises upon which an unsafe building or structure is located shall be no defense to any proceedings under this chapter.

§ 57-11 Violation and penalties.

Violation of any of the provisions of this chapter is hereby declared to be a violation pursuant to the State of New York Penal Law.

For every violation of any provision of this chapter, the person violating the same shall be subject to a fine of not more than $250 or imprisonment of not more than 15 days as provided in the Penal Law, or both such fine and imprisonment for each and every day such failure to comply continues beyond the date fixed for compliance.