[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.]
GENERAL REFERENCES
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:
All buildings or structures which have any or all of the
following defects shall be deemed dangerous buildings:
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.
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.
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.
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.
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.
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.
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, safety or general welfare of
the people of the Village.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.