[HISTORY: Adopted by the Board of Trustees of the Village
of Camillus 5-13-2008 by L.L. No. 1-2008. Amendments noted where applicable.]
This chapter shall be known as the "Unsafe Buildings Local Law
of the Village of Camillus 2008."
A.
All buildings or structures which are structurally unsafe, unsanitary
or not provided with adequate egress, or which constitute a fire hazard
or are otherwise dangerous to human life, or which in relation to
existing use constitute a hazard to safety or health by reason of
inadequate maintenance, dilapidation, obsolescence or abandonment
are, severally, for the purpose of this section, unsafe buildings.
All unsafe buildings are hereby declared to be illegal and shall be
abated by repair and rehabilitation or by demolition in accordance
with the procedure of this section.
B.
The Code Enforcement Officer shall examine or cause to be examined
every building reported as unsafe or damaged and shall make a written
record of such examination.
C.
Whenever the Code Enforcement Officer shall find any building or structure, or portion thereof, to be an unsafe building, he shall, in the manner as provided for the service of stop orders in this chapter, give to the owner, agent or person in control of the building or structure written notice stating the defects thereof, which notice shall thereafter be mailed, by registered mail, to the owner or one of the owners of said building and shall be posted on the premises. The notice shall require the owner within a stated time either to complete specified repairs or improvement or to demolish and remove the building or structure or portion thereof. The notice shall further state that, upon failure of the owner, agent or person in control of the building to repair or demolish the building within the time specified, a hearing will be held before the Village Board at a time and place specified in the notice. The notice shall further contain a statement to the effect that, in the event that the building is not so repaired or demolished within such time as the Village Board upon such hearing may determine, the Village may then cause such building or structure to be removed. The notice prescribed in this Subsection C may be filed in the office of the Onondaga County Clerk.
D.
If the Code Enforcement Officer finds that there is actual and immediate danger of failure or collapse so as to endanger life, the notice given pursuant to Subsection C shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the Code Enforcement Officer. The Code Enforcement Officer shall cause to be posted at each entrance to such building a notice, as follows: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING DEPARTMENT. The notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person or his agents or servants to remove such notice without written permission of the Code Enforcement Officer or for any person to enter the building except for the purpose of making the required repairs or demolishing it.
E.
In cases of an emergency which, in the opinion of the Code Enforcement
Officer, involve imminent danger to human life or health, he shall
promptly cause a dangerous building, structure or portion thereof
to be made safe or removed. For this purpose, he may at once enter
the structure or land on which it stands, or abutting land or structure,
with such assistance and at such cost as may be necessary; he may
vacate adjacent structures and protect the public by appropriate barricades
or such other means as may be necessary and, for this purpose, may
close a public or private way.
F.
Costs and expenses incurred by the Code Enforcement Officer under Subsections C and E of this section, including the cost of demolishing and removing any building or structure pursuant to this section, shall be a Village charge and shall be assessed against the land on which such building or structure is located.
A.
It shall be unlawful for any person to construct, alter, repair,
move, remove, demolish, equip, use, occupy or maintain any building
or structure, or portion thereof, in violation of any provision of
this chapter or to fail in any manner to comply with a notice, directive
or order of the Code Enforcement Officer, or to construct, alter or
use and occupy any building or structure, or part thereof, in any
manner not permitted by an approved building permit or certificate
of occupancy. It shall be unlawful for any person to install or cause
to be installed or to alter any electrical wiring for light, heat
or power in any structure until an application for inspection has
been filed with the New York Board of Fire Underwriters or other qualified
inspection agency approved by the Village. It shall be unlawful for
any person to connect or cause to be connected any electrical wiring
in any structure for light, heat or power to any source of electrical
energy supply prior to the issuance of a temporary certificate or
a certificate of compliance by the New York Board of Fire Underwriters
or other qualified inspection agency approved by the Village.
B.
Any person who shall fail to comply with a written order of the Code
Enforcement Office within the time fixed for compliance therewith,
and any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents, or any other person taking
part or assisting in the construction or use of any building who shall
knowingly violate any of the applicable provisions of this chapter
or any lawful order, notice, directive, permit or certificate of the
Code Enforcement Office made thereunder shall be punishable by a fine
of not more than $500 or 30 days in jail, or both. Each day that a
violation continues shall be deemed a separate offense.
C.
Except as provided otherwise by law, a violation of this chapter
shall not be a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness or otherwise of any person convicted
thereof.
D.
This section shall not apply to violations of the provisions of the
Uniform Fire Prevention and Building Code punishable under § 382
of the Executive Law of the state, nor to violations of the provisions
of the Multiple Residence Law punishable under § 304 of
the Multiple Residence Law of the state.
E.
The provision 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.
Appropriate actions and proceedings may be taken at law or in
equity to prevent unlawful construction or to restrain, correct or
abate a violation or to prevent illegal occupancy of a building, structure
or premises or to prevent illegal acts, conduct or business in or
about any premises; and those remedies shall be in addition to the
penalties for a violation prescribed in this chapter.
