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HomeMy WebLinkAboutJ - 13 Code Office Correspondence Town of Cortlandville Building and Codes Department 3577 Terrace Rd Cortland, NY 13045 Desiree Campbell Phone: 607-756-7490 NYS Code Enforcement Officer Fax: 607-758-7922 ______________________________________________________________________________ Property Owner: CNY MHPS, LLC 90 Airport Dr. Suite 400 Rochester, NY 14624 Property Address: 1054 Route 13 Tax Map Number: #96.09-04-10.00 -11 Kingsley Dr Cortland, NY 13045 September 18, 2023 Dear Board Members, Town Attorney DelVecchio and Supervisor Williams, On the morning of August 17, 2023, a trailer known as number 11 Kingsley Dr., located in the Cortland Estates Trailer Park, caught fire leaving unrepairable damages to the structure. The structure has been posted and deemed condemned by writer, Town Code Officer Campbell. I am requesting under the Town Code Appendix A, Unsafe Buildings II. C that the Board order the structure to be demolished. Furthermore, I request that this be a motion made at the September 20, 2023, Board Meeting due to the imminent danger it poses located in a trailer park. Thank you for your time and consideration regarding this matter. I have attached pictures for your reference. Regards, Desiree Campbell Town Code Officer FIRE PREVENTION AND BUILDING CODE ADMINISTRATION AND ENFORCEMENT 86 Attachment 1 Town of Cortlandville Appendix A UNSAFE BUILDINGS I.Designation of unsafe buildings. All buildings or structures which have any or all of the following defects shall be deemed unsafe buildings. A.Those 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.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 coverings. 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 and the general health and welfare of the occupants or the people of the Town of Cortlandville. 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 or so as to work injury to the health, 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 escape. 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 this Town. 86 Attachment 1:1 05 - 15 - 2008 CORTLANDVILLE CODE J.Those buildings existing in violation of any provision of the Town Zoning Code 1 and any other applicable laws or codes. II.Standards for repair, vacation or demolition. The following standards shall be followed in substance by the Code Enforcement Officer and the Town Board in ordering repair, vacation or demolition: A.If the unsafe building can reasonably be repaired so that it will no longer exist in violation of the terms of this Appendix A, it shall be ordered repaired. B.If the unsafe building is in such condition as to make it dangerous to the health, safety or general welfare of its occupants, it shall be ordered to be vacated. C.If any case where an unsafe building is so damaged or decayed or deteriorated from its original value or structure so that it cannot be economically restored, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this Appendix A, it shall be demolished. In all cases where an unsafe building is a fire hazard or erected in violation of the terms of this Appendix A or any other provisions of this Appendix A or the laws of the State of New York, it shall be demolished. III.Declaration of nuisances. All unsafe buildings within the terms of § I of this Appendix A are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided. IV.Duties of Code Enforcement Officer. The Code Enforcement Officer shall: A.Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this Appendix A and report his findings at least annually to the Town Board or more frequently as requested by the Board or the Supervisor. B.Inspect any building, wall or structure reported (as hereinafter provided for) by fire or police agencies as probably existing in violation of the terms of this Appendix A. C.Notify personally or in writing the owner or some one of the owner’s executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, or by registered mail, addressed to the last known address, if any, of the owner or some one of the owner’s executors, legal representatives, agents, 1 Editor's Note: See Ch. 128, Zoning. 86 Attachment 1:2 05 - 15 - 2008 FIRE PREVENTION AND BUILDING CODE ADMINISTRATION AND ENFORCEMENT lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment, of any building found by him to be an unsafe building within the standard set forth in § I of this Appendix A: (1)The owner must vacate or repair or demolish said building in accordance with the terms of the notice and this Appendix A. (2)The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession. (3)Any mortgagee, agent or other persons having an interest in said building may, at their own risk, repair, vacate or demolish said building or have such work or act done, provided that any person notified under this subsection to repair, vacate or demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do or have done the work or act required by the notice provided for herein. D.Set forth in the notice provided for in Subsection C hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure an unsafe building and an order requiring the same to be put in such condition so as to comply with the terms of this Appendix A within such length of time, not exceeding 30 days, as is reasonable. E.Report to the Town Board any noncompliance with the notice provided for in Subsections C and D hereof. F.Appear at all hearings conducted by the Town Board and testify as to the condition of unsafe buildings. G.Place a notice on all unsafe buildings reading as follows: “This building has been found to be an unsafe building by this Code Enforcement Officer. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given to the owner, or some one of the owner’s executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or some one of the owner’s executors, legal representatives, agents, lessees, or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment, of any building found to be an unsafe building within the standards set forth in § I of this Appendix A. It is unlawful to remove this notice until such notice is complied with.” 86 Attachment 1:3 05 - 15 - 2008 CORTLANDVILLE CODE V.Duties of the Town Board. The Town Board shall: A.Written notice to owner or lessees: upon receipt of a report of the Code Enforcement Officer as provided for herein, give written notice to the owner or some one of the owner’s executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or some one of the owner’s executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment, of any building found by it to be an unsafe building within the standards set forth in § I of this Appendix A, to appear before it on the date specified in the notice to show cause why the building or structure reported to be an unsafe building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Code Enforcement Officer’s notice provided for herein. B.Hold hearings: hold a hearing and hear such testimony relative to the unsafe building as the Code Enforcement Officer or the owner or some one of the owner’s executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment may give. C.Written findings of fact: make written findings of fact from the testimony offered pursuant to Subsection B as to whether or not the building in question is an unsafe building within the terms of § I hereof. D.Issue orders based on findings of fact: issue an order based upon findings of fact made pursuant to Subsection C commanding the owner or some one of the owner’s executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment, to repair, vacate or demolish any building found to be an unsafe building within the terms of this Appendix A, and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said unsafe building, or any person not the owner of said unsafe building but having an interest in said building may demolish said unsafe building, at his own risk, to prevent the acquiring of a lien against the land upon which the unsafe building stands by the Town as provided in Subsection E hereof. E.Cause building to be repaired. If such person fails to comply with the order provided for in Subsection D hereof, within 10 days, the Town Board shall cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards hereinbefore provided for in § II of this Appendix A and shall, with the assistance of the Town Attorney, cause the costs of such repair, vacation, or demolition, together with a service charge of 50% thereof to cover costs of supervision and administration, to be charged against the land on which the building existed as a municipal lien, or cause such costs to be added to the tax rolls as an assessment, or to 86 Attachment 1:4 05 - 15 - 2008 FIRE PREVENTION AND BUILDING CODE ADMINISTRATION AND ENFORCEMENT be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner, provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety, or general welfare of the people of the Town, the Code Enforcement Officer shall notify the Town Attorney to take legal action to force the owner to make all necessary repairs or to demolish the building. F.Report names not complying to Town Attorney: report to the Town Attorney the names of all persons not complying with the order provided for in Subsection D of this section. VI.Emergency cases. In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an unsafe building as defined herein is immediately repaired, vacated or demolished, the Code Enforcement Officer shall report such facts to the Town Board, and the Board shall cause the immediate repair, vacation or demolition of such unsafe building. The costs of such emergency repair, vacation or demolition of such unsafe building shall be collected in the same manner as provided in Subsection E of § V. VII.Absentee owners. In cases, except emergency cases, where the owner, occupant or lessee is absent from the Town, all notices or orders provided for herein shall be sent, by registered mail, to the party in interest as described in § IVC, to the last known address of such party in interest, and a copy of such notice shall be posted in a conspicuous place on the unsafe building to which it relates. Such mailing and posting shall be deemed adequate service. VIII.Administrative liability. No officer, agent or employee of the Town of Cortlandville shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this Appendix A. Any suit brought against any officer, agent or employee of the Town as a result of any act required or permitted in the discharge of his duties under this Appendix A shall be defended by the Town Attorney until the final determination of the proceeding therein. IX.Duties of firemen. The Fire Chief or his/her assistant of the Town Fire Department may make a report, in writing, to the Code Enforcement Officer of any building or structures which are, may be or are suspected to be unsafe buildings within the terms of this Appendix A. 86 Attachment 1:5 05 - 15 - 2008 CORTLANDVILLE CODE X.Duties of Town departments. Any employee of any Town Department or any law enforcement official may make a report, in writing, to the Code Enforcement Officer of any buildings or structures which are or may be deemed to be unsafe buildings within the terms of this Appendix A. Such reports must be delivered to the Code Enforcement Officer within 24 hours of the discovery of such building. A.Any person entitled to service (notice) under § IVC may appeal from any notice and order or any action of the Code Enforcement Officer by filing at the office of the Code Enforcement Officer, within 30 days from the date of service of such order, a written, dated appeal, in duplicate, containing: (1)A brief statement setting forth the legal interest of each of the appellants in the building or land involved in the notice and order. (2)A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant. (3)A statement of relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or set aside. (4)The signature of all parties named as appellants, and their official mailing addresses. (5)The verification of at least one appellant as to the truth of the matters stated in the appeal. B.Upon receipt at his or her office of the appeal filed pursuant to this section, the Code Enforcement Officer shall cause one copy to be stamped to show date of receipt and shall immediately forward that copy, together with a copy of the notice and order appealed from, to the Town Clerk, who shall file the appeal as a part of the records of the Town and shall present it at the next regular or special meeting of the Town Board. C.After receiving the written appeal, the Supervisor thereof shall set a date for hearing of the appeal by the Town Board, which date shall be not less than 10 days nor more than 60 days from the date the appeal was filed with the Code Enforcement Officer. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the Town Clerk; copies of the notice shall also be delivered to the Building Inspector and the Town Attorney. D.The Town Board shall hold a hearing, at which time the Code Enforcement Officer may then present evidence in support of the notice and order and in rebuttal of appellant’s case, after which the appellant may submit evidence in rebuttal of any evidence presented by the Code Enforcement Officer. E.At the conclusion of the hearing, the Town Board shall consider the evidence presented and shall make written findings of fact, based upon the evidence, to support its 86 Attachment 1:6 05 - 15 - 2008 FIRE PREVENTION AND BUILDING CODE ADMINISTRATION AND ENFORCEMENT decision. Written findings and decision shall be rendered by the Town Board within 10 days from the date the hearing is concluded, and copies thereof shall be delivered to each appellant and the Code Enforcement Officer. The decision of the Town Board shall be final. F.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 six months thereafter, which the Code Enforcement Officer shall designate, the penalties hereinafter shall be invoked. XI.Penalties for offenses. A.Violation of any of the provisions of this Appendix A is hereby declared to be a violation pursuant to the Penal Law. B.For every violation of any provision of this Appendix A, the person violating the same shall be subject to a fine of not more than $250 or imprisonment of not more than 15 days, or both such fine and imprisonment, as provided in the Penal Law. 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