Village of
New York Mills
Oneida County, NY
 Laws 

PART II GENERAL LEGISLATION Chapter 73, BUILDINGS, UNSAFE, ARTICLE II, Alternate or Additional Procedures

Body:

73-12.  Emergency work. 

 

A.  In case there shall be, in the opinion of the Code Enforcement Officer, actual and immediate danger of the falling of a building or structure so as to endanger public safety, life or property, or actual or immediate menace to health or public welfare as a result of the conditions present in or about a building or structure, he shall cause the necessary work to be done to render such building or structure temporarily safe, whether the procedure prescribed in this chapter for unsafe or dangerous buildings or structures has been instituted or not. 

B.  When emergency work is to be performed under this section, the Code Enforcement Officer shall cause the owner thereof to be served personally or by registered mail, return receipt requested, and if served by registered mail shall post on the premises a notice to comply containing a description of the premises, a statement of the facts in which the structure is unsafe or dangerous, and orders and directions to correct the said conditions which constitute an emergency within a specified period not to exceed three days from actual or constructive receipt of the notice. 

C.  In the event the emergency does not permit any delay in correction, the notice shall state that the Village has corrected the emergency condition. 

D.  In both cases, the notice shall state that the corrective costs of the emergency will be assessed against the owner pursuant to the provisions of this chapter.   

 

73-13.  Alternate or additional procedures.

 

Pursuant to the authority and powers granted in the statute of local governments, particularly Subdivision 5 of Section 10 thereof, the following alternate or additional procedures may be followed: 

A.  Upon the making of a survey report by the Code Enforcement Officer that the building or structure is reported unsafe or dangerous to the public, the Board of Trustees may direct the Code Enforcement Officer to serve a notice upon the owner, and all other persons having an interest in such property or structure, either personally or by registered mail, addressed to his last known address as shown by the records of the Village Assessor 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 of the Code Enforcement Officer requiring same to be repaired or removed; and if such service is made by registered mail, for the posting of such notice on the premises. 

B.  Such owner so served shall commence the repair or removal of such building or structure within 30 days after service of such notice. 

C.  A hearing shall be held before the Code Enforcement Officer at a time and place specified in the notice to repair or demolish not sooner than two weeks nor later than the date given to commence repair or removal, if the owner requests same at least one week before the scheduled date for the hearing. If no hearing is requested, the order so served shall take effect as provided in the notice. 

D.  At the hearing, the owner, the Village, and any other interested parties may present witnesses and any other proof relating to the matters and all parties may appear in person or with their attorneys. 

E.   At the conclusion of the hearing, the Code Enforcement Officer shall make a determination in writing and a copy of same shall be served either personally or by registered mail on all parties who appeared therein. 

F.   The determination shall state whether the original survey report is sustained, modified or reversed. If reversed, no further proceeding shall be had. 

G.  If the original survey is sustained, in whole or in part, the Code Enforcement Officer shall also include an order directing the owner to proceed in accordance therewith and shall further specify that unless the work is commenced within 10 days after service and completed within a reasonable time thereafter, which the Code Enforcement Officer shall designate, the penalties hereinafter provided shall be invoked.   

 

73-14.  Removal or repair of unsafe or dangerous building or structure.

 

Upon notification that the owner of the unsafe building or structure has failed or refused to repair the unsafe building or structure within the time specified in the final order, the Code Enforcement Officer shall report same to the Board of Trustees. The Board of Trustees may direct that the Village shall cause the repair or removal of the unsafe building. After the work has been completed, the Code Enforcement Officer shall file with the Board of Trustees a verified statement of all the direct costs of same, together with a charge of 50% in addition thereto as compensation to the Village for administering, supervising and handling said work. 

 

73-15.  Assessment and lien.

 

Upon receipt of the verified statement, the Board of Trustees shall direct that the amount thereof, including the charges added thereto, shall constitute a lien against the said premises and direct that the same shall be added to the next assessment roll of general village taxes and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties, as the general village tax and as a part thereof. In addition thereto, interest shall run thereon from the date of filing the verified statement to the date of actual payment at 7 1/2% per annum. 

 

73-16.  Personal liability.

 

Notwithstanding any provision herein to the contrary, the Village may at its election institute suit against the owner of the said premises for the direct costs, together with a charge of 50% in addition thereto as compensation to the Village for administering, supervising and handling said work, and enter judgment thereon against the owner personally for the aforesaid amount. The imposition and collection of any fine or penalty hereinafter prescribed shall not bar the right of the Village to collect the costs of the removal or repair of any unsafe building or structure as herein prescribed. 

 

73-17.  Completion of work.

 

The failure of the owner to complete the repairs or to remove the unsafe building or structure as specified in the final notice of the Code Enforcement Officer shall subject the owner to the same procedure and penalties as herein set forth.