[HISTORY: Adopted by the Board of Trustees of the Village of Round Lake 2-3-1993 by L.L. No. 1-1993. Amendments noted where applicable.]
Building construction codes — See Ch. 91.
This chapter shall be known as the "Unsafe Buildings and Grounds Maintenance, Repair and Demolition Law."
As used in this chapter, the following terms shall have the meanings indicated:
- DANGEROUS OR UNSAFE BUILDINGS
- All buildings or structures which have any or all of the following defects shall be deemed dangerous buildings:
- A. Those whose exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
- B. Those which, exclusive of the foundation, show 33% or more of damage or deterioration of the supporting member or members or 50% of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
- C. 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.
- D. 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.
- E. 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, safety or general welfare of those living therein.
- F. Those having 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.
- G. Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.
- H. Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
- I. Those which because of their condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of the Village.
- J. Those buildings existing in violation of any provision of Chapter 91, Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code, or any other provisions of the Code of the Village.
The Board of Trustees of the Village of Round Lake shall appoint a Code Enforcement Officer who will be charged with the responsibility of carrying out the obligations and duties set forth in this chapter.
No person, firm, association or corporation who or which is the owner of real property (including any building or other structure thereon) within the Village of Round Lake shall cause, suffer, allow or permit such real property to become dangerous or unsafe to the public. For the purposes of this chapter, the definition of the words "dangerous" and "unsafe" shall include, but not be limited to, conditions which possess a substantial likelihood of causing personal injury or death, or which possess a substantial likelihood of causing destruction of the personal property of others, including fire, flooding or damage caused by falling debris. In the event that any such real property now is or hereafter becomes dangerous or unsafe to the public, from any cause whatsoever, said owner or occupant shall eliminate such dangerous or unsafe condition.
In the event of the failure of the owner to eliminate such dangerous or unsafe condition, the Code Enforcement Officer of the Village of Round Lake shall make a complete inspection and report of the condition of said real property to the Board of Trustees of said Village. Notice shall thereafter be served on the owner or some one of the owners, executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in said real property, in any manner of service permitted under New York's Civil Practice Law and Rules or Business Corporations Law. Said notice shall contain a description of the premises (which need be no more specific than a street address, if the same is sufficient to identify the property), a statement of the particulars in which the real property is unsafe or dangerous and an order of the Code Enforcement Officer requiring said real property to be made safe. Said notice shall also provide for the time within which the person served with said notice shall commence and complete the elimination of such dangerous or unsafe condition, including the securing or removal of any building or structure, such time to be not less than 30 days.
In the event of the neglect or refusal of the person so served with said notice to comply with the same, an application may be made to the Supreme Court of the State of New York for an order determining the real property to be a public nuisance and directing that the dangerous or unsafe condition on the real property be eliminated, including provision that the cost of such repair and securing or demolition shall be charged back against the owner and, if the cost of such repair and securing or demolition is not paid within 30 days of the Village of Round Lake having provided a bill for the same to the owner by regular mail at the owner's last known residence (or office, if the same is an association or corporation), that the same shall become a lien against the real property upon which the formerly dangerous and/or unsafe condition was located.
All costs and expenses incurred by the Village in connection with any and all of the above proceedings to repair, remove, secure and/or demolish, including the cost of actually removing any such dangerous and/or unsafe condition, building or structure or securing the same, shall be assessed against the land on which the condition was located.
If such owner or person served by mail as hereinabove provided shall fail to pay the costs and expenses incurred by the Village within 30 days after being notified of the costs thereof by regular mail, the Village Clerk shall file, immediately preceding the time for making the annual assessment roll, a certificate of such actual cost and expense with a statement as to the property upon which such cost and expenses were incurred and the buildings or other conditions or obstructions removed, as the case may be, with the Assessor of the Village (or Assessor of the Town of Malta, if the Village ceases to employ and/or appoint an Assessor), who shall in the preparation of the next assessment roll of general Village taxes, assess such amount upon such property, and the same shall be levied, collected and enforced in the same manner and having the same lien upon the property assessed as the general Village tax and as a part thereof.
In cases of emergency where the delay of proceedings, as hereinbefore provided, would result in probable loss of life or property, the Mayor shall have the power to direct the Code Enforcement Officer to proceed at once to take such action as is needed to guard the safety of persons or property. Specifically, but without limitation, the Mayor shall have the power to direct the Code Enforcement Officer to secure any unsafe structure.
Any other language of this chapter notwithstanding, the owner of any unoccupied building within the Village of Round Lake shall secure such building. The Code Enforcement Officer may secure any unoccupied building.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each day of continuance of an offense shall be considered a separate offense.