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Village of Williamsville Code
 
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Chapter 15: Buildings, Unsafe and Unfinished
§ 15-1. Purpose
§ 15-2. Definitions.
§ 15-3. Dangerous or unsafe buildings.
§ 15-4. Boarding of windows, doors and portals.
§ 15-5. Inspections; report; order to repair or demolish.
§ 15-6. Failure to comply; assessment of costs.
§ 15-7. Unfinished buildings.

[HISTORY: Adopted by the Board of Trustees of the Village of Williamsville, 10-23-89 as L.L. No. 4-1989. Amendments noted where applicable.]

General References

Demolition of buildings -- See Ch. 12
Fire prevention and building code administration -- See Ch. 28.
Historic preservation -- See Ch. 47.

§ 15-1. Purpose.

This chapter shall provide for the removal or repair of a building, structure or any part thereof that has been determined to be a hazard to health and/or safety and provide for a timely completion of construction or renovation projects.

§ 15-2. Definitions.

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

BUILDING - A structure wholly or partially enclosed within exterior or party walls and a roof.

DANGEROUS OR UNSAFE BUILDING - Any building so designated by the Board of Trustees, upon recommendation by the Code Enforcement Official, in accordance with standards hereinafter set forth.

UNFINISHED BUILDING - Any building, structure or part thereof under construction or exterior renovation for which no certificate of occupancy has been issued within two (2) years after issuance of a building permit.

§ 15-3. Dangerous or unsafe buildings.

A building may be determined to be dangerous or unsafe when any one of the following conditions exist:

A. Any part of the building has been damaged (e.g., by fire, wind, neglect or vandalism) to such an extent as to be a hazard to the safety or health of the inhabitants of the village.

B. Any part of the building is in danger of collapse.

C. The building or part thereof remains unoccupied for a period of one (1) year and, because of damage or destruction to windows, doors, other portals or other physical deterioration, constitutes a hazard to health or safety.

D. The building or structure or part thereof constitutes or creates a fire hazard because of lack of proper repair, construction or supervision.

§ 15-4. Boarding of windows, doors and portals.

A. Any building or structure or part thereof damaged by fire or natural hazard or that has damaged windows, doors or other portals must immediately be protected by temporary enclosures for a period of time not to exceed thirty (30) calendar days. Thereafter, the window, dooror other portal must be completely restored.

B. In all other instances where windows, doors or other portals have been subject to damage or destruction (e.g., accidents or vandalism), immediate temporary enclosures will only be permitted for a period of time not to exceed ten (10) working days. Thereafter, the window, door or other portal shall be restored.

§ 15-5. Inspection; report; order to repair or demolish.

A. The Code Enforcement Official shall inspect or cause to be inspected any building, structure or part thereof reported as being dangerous or unsafe and shall provide written report to the Board of Trustees of the findings, together with recommendations as to the razing or repair of the building or structure.

B. The Board of Trustees thereafter, by resolution, may declare the building dangerous or unsafe and order the razing or repair. Demolition or repair shall begin within fifteen (15) days of receipt by the record owner or his agent of a true copy of the order of the Board of Trustees. Service of said order shall be by certified mail, return receipt requested, or by personal service. Said demolition or repair shall be completed within sixty (60) days of receipt of said order.

§ 15-6. Failure to comply; assessment of costs.

A. Sixty (60) days after the service of the order to raze or repair upon the owner, the Code Enforcement Official shall schedule an inspection of the property to ensure compliance with the order to raze or repair. If the owner has failed to comply with the order of the Board of Trustees to raze or repa, the village may make application to the State Supreme Court for an order declaring the structure or part thereof to be a public nuisance and directing its razing or repair in accordance with the order of the Trustees. Application to the Court shall be made within one hundred twenty (120) days after inspection reveals noncompliance by the owner.

B. All expenses incurred by the village in razing or repairing a dangerous or unsafe building shall be a charge against the property and shall be added to the next taxes against the property if not paid within thirty (30) days after notice of said charge.

§ 15-7. Unfinished buildings.

A. The Code Enforcement Official shall inspect or cause to be inspected any building, structure or part thereof which qualifies hereunder as unfinished and shall make written report thereof to the Board of Trustees of the findings, together with his recommendations.

B. The Board of Trustees their may, by resolution, order the razing of a building or completion thereof under such terms as the Board may direct. The order shall be served upon the record owner by certified mail, return receipt requested, or by personal service. Full compliance, except where otherwise directed by the Board order, shall be had within sixty (60) days of receipt thereof.

C. In the event of the refusal or failure of the record owner to comply with the completion order of the Village Board, the record owner shall be subject to a fine in an amount not to exceed two hundred fifty dollars ($250.) per day until full compliance with said order is certified by the Code Enforcement Official.


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