[HISTORY: Adopted by the Board of Trustees
of the Village of Canastota 10-18-1976 by L.L. No. 15-1976. Amendments noted
where applicable.]
[Amended 6-2-2008 by L.L. No. 3-2008]
A.
The owner or person having any interest in any wall,
building, structure, foundation or unsafe equipment in the Village
of Canastota which for any reason shall have become unsafe, dangerous
or unsightly or in any way endangers the health, safety or welfare
of the public shall, upon being directed thereto by the Board of Trustees,
forthwith repair or remove the same.
B.
Whenever any wall, building or other structure has
in any manner become unfit for occupancy or shall be unsafe, detrimental
or dangerous to the public health, safety or general welfare, upon
inspection and report by the Village Building Inspector, Engineer
and/or Health Officer to the Board of Trustees and hearing held thereon,
as hereinafter set forth, the Board of Trustees may declare the premises
a public nuisance and order the owner, or person or persons having
an interest therein, to repair or remove said wall, building, structure
or foundation and to clear away any and all debris caused thereby
and to fill in the excavation to the lot level, requiring same to
be made safe and secure. After having received and placed on file
the report of the Village Building Inspector, Engineer and/or Health
Officer, the Board of Trustees, if it appears that a nuisance exists,
shall hold a hearing thereon and shall serve notice upon the owner
and all others having an interest therein of the unsafe condition
and the time and place of said hearing. The service of said notice
shall be either by personal service or by registered mail, addressed
to the last known address as shown by the records of the Village Assessor's
office. Said notice shall contain a description of the premises and
a clear and concise statement of the particulars in which the building
or structure is unsafe or dangerous; shall set forth the date, time
and place for a hearing thereon before the Board of Trustees; and
shall be served at least 10 days prior to said hearing. If such service
is by registered mail, a copy of said notice shall also be posted
by firmly affixing a copy thereof on said premises. If it appears
upon said hearing that an unsafe condition does in fact exist, then
the Village Board shall declare it to be a nuisance and order the
repair or removal at or before a time to be fixed by it. Notice of
said determination and the order of the Board of Trustees shall be
served upon the owner and other persons having an interest therein
in the same manner as the original notice hereinbefore set forth.
C.
A copy of said original notice shall be filed in the
office of the County Clerk of the County of Madison in the same manner
as a notice of pendency pursuant to Article 65 of the Civil Practice
Law and Rules and shall have the same effect as a notice of pendency
as therein provided, except as otherwise hereinafter provided in this
subsection. A notice so filed shall be effective for a period of one
year from the date of filing; provided, however, that it may be vacated
on the order of the Judge or Justice of a court of record or upon
the consent of the Village Attorney.
D.
Where the identity and/or whereabouts of the owner
of said building is unknown, then the notice shall be published in
two newspapers, at least one in the English language, designated by
the Board of Trustees as most likely to give notice to the person
to be served at least once in each of four successive weeks. Service
shall be complete on the 28th day after the day of first publication,
and the hearing shall be held not less than 10 days after service
is complete nor later than 30 days thereafter. Proof of said publication
shall be filed with the Board of Trustees.
E.
In the event that such owner or other interested person
fails or refuses to repair or remove said building or structure within
the time provided, the Board of Trustees may cause the repair or removal
of said building, wall or structure, fill in the excavation and level
the property and assess the cost thereof against said property; and
said cost shall thereupon become a lien against the property and be
collectible in the same manner as taxes levied thereon or by civil
action.
A.
Any person who shall neglect or refuse to comply with
the directions of the Village Board shall, upon conviction, be liable
to a penalty of $25 for every 24 hours such neglect or refusal shall
continue.
B.
In addition to the remedies hereinafter set forth,
an action or proceeding may be maintained in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
any violation of this chapter and any order or finding made hereunder.
This chapter is not intended to abrogate, diminish
or abolish any rights, powers, causes of action or authority heretofore
accrued or vested in the Village of Canastota or any portion thereof
or any of its inhabitants.
This chapter shall take effect upon same being
filed with the Secretary of State.
