§ 75-1. Definitions. [Added 9-16-1996 by L.L. No. 6-1996]

As used in this chapter, the following terms shall have the meanings indicated:

DANGEROUS OR UNSAFE BUILDINGS -- All buildings or structures which have any or all of the following defects shall be deemed "dangerous or unsafe buildings":

A. 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.

B. 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.

C. 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.

D. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety or the general health and welfare of the occupants or the people of the town.

E. 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, morals, safety or general welfare of those living therein.

F. 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.

G. 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.

H. Those which have parts thereof which are so attached that they may fall and injure members of the public or property.

I. Those which, because of their condition, are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of the town.

J. Those buildings existing in violation of any provision of Chapter 70, Building Construction and Fire Prevention, or any other provisions of the Code of the Village.

§ 75-2. Abatement required. [Amended 9-16-1996 by L.L. No. 6-1996]

A. All unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this chapter.

B. No building structure or portion thereof shall be demolished unless the building, structure or portion thereof is found to be dangerous or unsafe in accordance with this chapter. Demolition of any building, structure or portion thereof not dangerous or unsafe shall be with the approval of the Planning Board. [Amended 4-16-2001 by L.L. No. 1-2001]

§ 75-3. Examination and report.

The Code Enforcement Officer shall examine or cause to be examined every building reported as unsafe or damaged and shall make a written record of such examination.

§ 75-4. Notice of violation.

Whenever the Code Enforcement Officer shall find any building or structure or portion thereof to be an unsafe building as defined in this chapter, he shall give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements or to demolish and remove the building or structure or portion thereof.

§ 75-5. Service of notice.

Service of notice shall be sufficient, if directed to the owner, agent of the owner or the contractor, and left at his last-known place of business or residence, if within the Village of Honeoye Falls, and if no place of business or residence is found, then the notice shall be served by posting in a conspicuous place on the premises which are the subject of the violation.

§ 75-6. Vacation procedure.

If the Code Enforcement Officer finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the Code Enforcement Officer. The Code Enforcement Officer shall cause to be posted at each entrance to such building a notice which shall read as follows: "THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING DEPARTMENT." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Code Enforcement Officer or for any person to enter the building, except for the purpose of making the required repairs or of demolishing the same.

§ 75-7. Emergency measures.

In case of an emergency which, in the opinion of the Code Enforcement Officer, involves imminent danger to human life or health, he shall promptly cause such building, structure or portion thereof to be made safe or to be removed. For this purpose he may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as may be necessary. He may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary, and for this purpose may close a public or private way.

§ 75-8. Costs and expenses.

Costs incurred under § 75-7 of this chapter shall be paid out of the municipal treasury on a certificate of the Code Enforcement Officer. Such costs shall be charged to the owner of the premises involved and shall be collected in the manner provided by law.

§ 75-9. Penalties for offenses.

A. Any person or persons who shall violate any provisions his chapter shall be guilty of an offense punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days, or both. Each days' continued violation shall constitute a separate offense. [Amended 9-16-1996 by L.L. No. 6-1996]

B. Nothing in this chapter shall be construed as depriving the Village or the Board of Trustees of any other available remedy.