Chapter 105

Chapter 105

BUILDINGS, UNSAFE

[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia 12-22-1969. Amendments noted where applicable.]

GENERAL REFERENCES

Fire prevention and building construction — See Ch. 151.

Flood damage prevention — See Ch. 155.

Housing standards — See Ch. 179.

Property maintenance — See Ch. 223.

 

~ 105-1. Title.

  This chapter shall be known as the “Unsafe Building Demolition Ordinance.”

~ 105-2. Enforcement.

  The Board of Trustees of the village shall appoint a Building Inspector, who will be charged with the responsibility of carrying out the obligations and duties set forth in this chapter.

~ 105-3. Repair or removal required; inspections; notice; failure to comply.

          A.     No person, firm or corporation or association who or which is the owner of a building in the village shall cause, suffer, allow or permit the building to become dangerous or unsafe to the public. In the event that any building now is or hereafter becomes dangerous or unsafe to the public from any cause whatsoever, the owner or occupant shall repair or remove the building.

          B.     In the event of the failure of the owner to repair or remove the same, the Building Inspector shall make a complete inspection and report of the condition of the building to the Board of Trustees.

          C.     The Board of Trustees may then direct, by resolution, that notice shall thereafter be served on the owner or some one (1) of the owners, executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the building. The notice shall contain a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring the building or structure to be made safe and secure or be removed. The notice shall also provide for the time within which the person served with the notice shall commence and complete the securing or removal of the building or structure.

          D.     In the event of the neglect or refusal of the person so served with the notice to comply with the same, a survey of the premises shall be made by the Building Inspector and an architect, engineer or practical builder to be named by the Board of Trustees and a practical builder, engineer or architect appointed by the person notified as above, and in the event of the refusal or neglect of the person so notified to appoint such surveyor, the two (2) surveyors named shall make the survey and report. The notice shall further provide that in the event that the building or other structure shall be reported dangerous or unsafe under such survey, an application will be made at a special term of a Supreme Court in the Eighth Judicial District of the State of New York for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.

~ 105-4. Surveyors’ report to be posted; compensation.

  A signed copy of the report of the surveys shall be posted on the building, and the surveyors appointed by the Board of Trustees shall be compensated by the village

~ 105-5. Assessment of charges.

  All costs and expenses incurred by the village in connection with any and all of the above proceedings to remove or secure, including the cost of actually removing the building or structure or repairing and securing the same, shall be assessed against the land on which the building or structure is located.

~ 105-6. Collection of costs.

  If such owner or person served by mail as hereinabove provided shall fail to pay the costs and expenses incurred by the village within ten (10) days after being notified of the costs thereof by registered mail, the Village Clerk shall file, immediately preceding the time for making the annual assessment roll, a certificate of such actual cost and expenses with a statement as to the property upon which such cost and expenses were incurred, the buildings or other obstructions removed, as the case may be, with the Village Tax Receiver, who shall, in the preparation of the next assessment roll of the general village taxes, assess such amount upon such property, and the same shall be levied, collected and enforced in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property assessed as the general village tax and as a part thereof.

~ 105-7. Penalties for offenses.[1]

  Any violation of this chapter shall be punishable, upon conviction, by a maximum fine of two hundred fifty dollars ($250.) or imprisonment for not more than fifteen (15) days, or both.

[1] Editor’s Note: Added at time of adoption of Code; see Chapter 1, General Provisions, Art. I.