SECTION 1501 PURPOSE
The intent of this section is to promote and preserve a clean, wholesome, and attractive environment within the Village of Cassadaga, which is declared to be of importance to the health, safety and welfare of residents and owners of property located within the Village of Cassadaga, by providing a method of removal or repair of buildings or structures within the limits of the Village that from any cause may now be or shall hereafter become dangerous or unsafe to the public. It is further declared that the unrestrained allowance of unsafe buildings and structures is a hazard to such health, safety and welfare of the inhabitants of said Village, necessitating the regulation, restraint and elimination thereof.
SECTION 1502 UNSAFE BUILDINGS PROHIBITED
No person, firm, corporation or association owning, possessing or controlling a building or structure in the Village of Cassadaga, County of Chautauqua and State of New York, shall permit, suffer or allow said building now or hereafter to be or become dangerous or unsafe to the public from any cause whatsoever.
SECTION 1503 DEFECTS CONSTITUTING DANGEROUS BUILDINGS
Any building or structure that has any or all of the following defects shall be deemed for the purpose of this chapter to be a dangerous or unsafe building:
A. A building or structure whose interior 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. A building or structure which exclusive of the foundation, shows thirty-three percent (33%) or more of damage, deterioration or other signs of decay to the supporting member or members, or fifty percent (50%) of damage, deterioration or other signs of decay to non-supporting enclosing or outside walls or covering.
C. A building or structure that 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.
D. A building or structure which has 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 of Cassadaga.
E. A building or structure that 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 the carrying on of the usual occupation or business or is likely to cause sickness or disease so as to work an injury to the health, morals, safety or general welfare of those living therein or thereby.
F. A building or structure having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
G. A building or structure having inadequate facilities for egress in case of fire or panic or having insufficient stairways, elevators, fire escapes or other means of escape.
H. A building or structure having parts so attached that they may fall and injure members of the public or other property.
I. A building or structure which because of its condition is unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people in this Village.
J. Those buildings existing in violation of any provision of the Zoning Law of the Village of Cassadaga, or special use permit or any other local law of the Village.
K. Any building or structure which remains vacant and unattended continuously for a period of eighteen (18) months.
SECTION 1504 INSPECTION, NOTICE AND ORDER
In the event that it shall come to the attention of the Village Board that any building or structure in the Village of Cassadaga may be dangerous or unsafe to the public, the Board shall direct the Zoning Officer to inspect the alleged unsafe building. If the Village Board adopts the Zoning Enforcement Officer’s report as to an unsafe building or a dangerous building, then the Board shall cause notice to 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 same, either personally or by certified mail, addressed to the last known address of the owner or some one (1) of the owners, executors, legal representatives, agents, lessees, or some other person having a vested or contingent interest in the same, as shown by the records of the receiver of the taxes and/or in the office of the County Clerk, containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring same to be made safe and secure or removed. The owner or his legal representatives shall commence said repair or the removal of said building or structure within thirty (30) days of the service of notice, and complete the same within sixty (60) days of the service of the notice.
SECTION 1505 DISREGARD OF NOTICE; SURVEY
In the event of the neglect or refusal of the person served with the notice to fully comply with the same, a notice of survey shall be served upon such person, notifying such person that a survey of the premises will be made at the time and place specified in such notice by the Zoning Enforcement Officer and a practicing builder, engineer or architect to be named by the Village Board and designated in the notice. The notice shall also state that a practicing builder, engineer or architect may also be appointed by the person served with the notice, and that in the event of refusal or neglect of said person so notified to appoint said builder, engineer or architect and to cause his attendance at the designated time and place, then the surveyor named by the Village shall make the survey and report. The notice shall also state that in the event the building or other structure shall be reported unsafe or dangerous under such survey, then an application shall be made at a term of the Supreme Court in this judicial district for an order determining the building or structure or any part thereof to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.
SECTION 1506 ISSUANCE OF SEARCH WARRANT
In the event that the person, firm, corporation or association owning, possessing or controlling a building or structure in the Village of Cassadaga refuses to allow the appointed Zoning Officer or surveyor as herein provided to make the inspection or survey, then the Zoning Officer shall file an affidavit of the facts showing a probable violation of this chapter with the Town Justice, and if after examination of said Zoning Officer, the Town Justice shall make a written finding that there appears to be a probable cause that there is a violation of this chapter which is creating a dangerous or unsafe building in the Town, then the Town Justice shall issue a search warrant to the Zoning Officer authorizing a search of the premises to determine if there is a violation of this section.
SECTION 1507 STANDARDS FOR REPAIR, VACATION OR DEMOLITION
The following standards shall be followed in conducting the survey of the structure or building by the surveyors to determine the condition of the said structure or building:
A. If the dangerous building can reasonably be repaired so that it will no longer exist in violation of this section, it shall be ordered repaired.
B. If the dangerous building is in such condition as to make it dangerous to health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated.
C. In any case where a dangerous building is fifty percent damaged or decayed or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building can’t be repaired so that it will no longer exist in violation of the terms of this section, it shall be demolished. In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of any law of the Village or statute of the State of New York, it shall be demolished within 60 days of notification of the unsafe condition.
SECTION 1508 ASSESSMENT OF COSTS AND EXPENSES
A. All costs and expenses incurred by the Village in connection with the inspection, removing, demolition, repairing or vacating of any dangerous building or structure, as determined pursuant to this chapter, including surveyor’s costs or fees, attorney’s fees, advertising costs, title searches, costs of actually removing or securing said building or structure and all other expenses, shall, when properly certified to and by the Board, be audited and paid by the Village the same as any other claim against the Village.
B. A bill for such expenses shall be presented to the owner or person notified pursuant to the foregoing sections of this chapter, or if the same cannot be so served or notified, then by posting the same in a conspicuous place on the premises.
C. If such owner shall fail to pay the same within ten (10) days thereafter, the Village Board shall file a certificate of the actual expenses incurred as aforesaid, together with a statement as to the property in connection with which the expenses were incurred, with the Village Assessor, who shall, in the preparation of the next assessment roll of the general Village taxes, assess such amount upon such property and against such building or structure and the lot or land upon which the same is situated, and said bill or amount so levied is to be collected and enforced in the same manner, by the same proceedings at the same time, have the same penalties and have the same lien effect upon such property as the general Village tax and as a part thereof.
SECTION 1509 EMERGENCY CONDITIONS
In cases of great emergency where the delay of the proceedings as herein before provided would result in probable loss of life or property, the Village Board shall have the power to proceed at once to take such action as is needed to guard the safety of persons and property. In such cases, the Board shall have full power and authority to provide all necessary means therefore, and all expenses therefore shall be paid and collected as provided in Section 1508 hereof.