[HISTORY: Adopted by the Board of Trustees
of the Village of Alexandria Bay 4-14-2021 by L.L. No. 2-2021[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 51,
Buildings, Unsafe, adopted 7-11-1972, as amended.
This chapter shall be known as the "Unsafe Buildings and Structures
Law" of the Village of Alexandria Bay. This chapter shall repeal and
replace any local legislation, law, rule or regulation not consistent
herewith.
Unsafe buildings and structures pose a threat to life and property
in the Village of Alexandria Bay. Buildings and structures may become
unsafe by reason of damage by fire, the elements, age or general deterioration.
Vacant buildings not properly secured 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. An unsafe building
or structure may also serve as a place of rodent infestation, thereby
creating a health menace to the community. Debris, rubble, scrap,
abandoned machinery or equipment or parts of buildings left on the
ground and not removed constitute a dangerous, unhealthy and unsightly
condition. 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 Alexandria Bay by requiring that such unsafe buildings
or structures be repaired and secured or demolished and removed.
This chapter is promulgated pursuant to authority conferred
by the Village Law of the State of New York, including, but not limited
to: §§ 4-412; 4-414; and 5-518(5) of the NY Village
Law and Articles 2 and 3 of the NY Municipal Home Rule Law, all as
the same may be amended from time to time.
The following words and phrases as used in this chapter shall
have the meaning hereinafter ascribed to them.
The duly elected and constituted Board of Trustees for the
Village.
A dwelling wholly or partly enclosed within exterior walls
or within exterior or party walls and a roof, affording shelter to
persons, animals or property.
It is intended to include, by example, any building or structure
or portion thereof which:
Has interior walls or other vertical structural members which
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle 1/3 of its base;
Exclusive of the foundation, shows 33% or more of damage to,
or deterioration of, the supporting member(s) or 50% damage to or
deterioration of the nonsupporting enclosing or outside walls or covering;
Has improperly distributed loads upon the floors or roofs or
in which the same are overloaded or have insufficient strength to
be reasonably safe for the purpose used;
Has been damaged by fire, wind or other causes so as to have
become dangerous to life or safety or the general health and welfare
of the occupants or others;
Has become or is so dilapidated, decayed, unsafe, unsanitary
or which so utterly fails to provide the amenities essential to decent
living that it is unfit for human habitation or is likely to cause
sickness or disease, so as to possibly result in injury to the health,
safety or general welfare of those living therein;
Has light, air and sanitation facilities which are inadequate
to protect the health, safety or general welfare of human beings who
live or may live therein;
Has inadequate facilities for egress in case of fire or panic
or has insufficient stairways, elevators, fire escapes or other means
of ingress and egress;
Has parts thereof which are so attached that they may fall and
injure persons or property;
Because of its condition, is unsafe, unsanitary or dangerous
to the health, safety or general welfare of people;
Is open at the doorways or windows or walls, making it accessible
to, and an object of attraction to, minors and other trespassers;
Is or may become a place of rodent infestation; or
Consists of debris, rubble or parts or buildings left on the
ground after demolition, reconstruction, fire or other casualty.
The person appointed by the Village Board by resolution to
enforce the provisions of this article.
An assembly of materials, forming a construction framed of
component structural parts for occupancy or use, including buildings.
The Incorporated Village of Alexandria Bay.
When, in the opinion of the Enforcement Official, or upon receipt of information (from any police officer, law enforcement officer, fireman or resident of the Village), that dangerous or unsafe building or structure, as defined in § 51-4 exists in the Village, the Enforcement Official shall cause or make an inspection thereof and report in writing to the Board of Trustees his or her findings and recommendations in regard to its repair or demolition and removal. Said report may also include additional reports from an engineer duly licensed in the State of New York.
The Board of Trustees shall thereafter consider such report and, by resolution of a majority of its members determine, if in its opinion, the report so warrants, that such building or structure is dangerous/unsafe as defined herein 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 appropriate persons in the manner provided in § 51-7.
The notice shall contain the following:
A.
The 911 address, Tax Parcel number(s) and a description of the building(s)/structures(s);
B.
A statement of the particulars in which the building or structure
is unsafe or dangerous;
C.
An order requiring the building or structure to be made safe and
secure or demolished and removed;
D.
A statement that the repair/securing or demolition/removal of such
building or structure shall start within seven calendar days after
the date of the close of the public hearing and shall be completed
within 30 days thereafter, unless extended in writing by the Enforcement
Official;
E.
The time and place for a hearing to be held before the Village Board
regarding the report(s) and notice to repair/secure or demolish/remove;
and
F.
A statement that in the event of neglect or refusal to comply with
the order to repair/secure or demolish and remove the building or
structure, the Village Board is authorized to provide for its demolition
and removal, to assess all costs and expenses thereof against the
owner(s) and to require repayment/reimbursement of all costs and expenses
of demolition and removal, including administrative, engineering and
legal costs and expenses.
The notice shall be served:
A.
Upon the owner, executor, legal representative, administrator, agent,
lessee or any person having a vested or contingent interest in such
unsafe building or structure, either personally or by registered mail,
return receipt requested, addressed to the last known address, if
any, of the owner, executor, legal representative, administrator,
agent, lessee or any person having a vested interest or contingent
interest in such unsafe building/structure, as shown by the Village
tax records or the records of the Jefferson County Clerk's office;
and
B.
If such notice is served by registered mail, by securely affixing
a copy of such notice upon the dangerous/unsafe building or structure.
A copy of the notice shall be filed in the office of the Jefferson
County Clerk, which notice shall be filed by such Clerk in the same
manner as a notice of pendency pursuant to Article 65 of the Civil
Practice Law and Rules by the State of New York and shall have the
same effect as a notice of pendency as therein provided. A notice
so filed shall be effective for one year from the date of filing;
provided, however, that it may be vacated upon the order of a judge
or justice of a court of record or upon the consent of the Village
Attorney. The Jefferson County Clerk shall mark such notice and any
record or docket thereof as canceled of record upon the presentation
and filing of such consent or of a certified copy of such order.
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
with a third party.
[Amended 12-14-2021 by L.L. No. 7-2021]
The Village shall be reimbursed for all costs of work performed
or services rendered by assessment and levy on the real property on
which such dangerous/unsafe condition was remedied, including but
not limited to the cost of demolition and removal of said building(s)
or structure(s), administrative, engineering, and legal costs and
expenses. The cost and expense so assessed shall constitute a lien
and charge on the real property on which it is levied until paid or
otherwise satisfied or discharged and shall be collected in the same
manner and at the same time as other Village charges. The lien shall
arise and attach to the property at the time the expense and costs
are necessarily incurred, and paid, by the municipality.
Where it reasonably appears that there is a present, clear and imminent danger to life, safety or health of any person or property, unless a dangerous/unsafe building or structure is immediately secured or demolished, the Board of Trustees may, by resolution, authorize the Enforcement Official to immediately cause the securing or demolition and removal of such dangerous/unsafe building or structure. The expenses of such securing or demolition and removal, including any administrative, engineering and legal costs and expenses, shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 51-11 hereof.
If any section, paragraph, subdivision or provision of this
chapter shall be declared unlawful or invalid, such determination
shall apply only to the section, paragraph, subdivision, or provision
adjudged unlawful or invalid and the remainder of the chapter shall
remain valid and effective to the maximum extent possible.
This chapter shall take effect upon it being duly filed in the
Office of the Secretary of State of the State of New York.
