Village of Flower Hill, NY Chapter 92 Buildings, Unsafe

[HISTORY: Adopted by the Board of Trustees of the Village of Flower Hill 11-10-1999 by L.L. No. 3-1999. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 85.

Property maintenance — See Ch. 172.

§ 92-1 Definitions.

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

DANGEROUS BUILDING

All buildings or structures which have any or all of the following defects shall be deemed "dangerous 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 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 as established by the New York State Building Code.

[Amended 11-6-2000 by L.L. No. 3-2000]

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 Village of Flower Hill.

[Amended 11-6-2000 by L.L. No. 3-2000]

E. Those which have become or are so dilapidated, decayed, unsafe, insanitary 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, safety or general welfare of those living therein.

[Amended 11-6-2000 by L.L. No. 3-2000]

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.

[Amended 11-6-2000 by L.L. No. 3-2000]

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 conditions are unsafe, insanitary or dangerous to the health, safety or general welfare of the people of this village.

[Amended 11-6-2000 by L.L. No. 3-2000]

§ 92-2 Standards for repair, vacation or demolition.

[Amended 11-6-2000 by L.L. No. 3-2000]

The following standards shall be applied by the Building Inspector and Board of Trustees of the Village of Flower Hill in determining whether a structure requires repair, vacation or demolition:

A. If the dangerous building can reasonably be repaired so that it no longer exists in violation of the terms of this chapter, it shall be ordered repaired.

B. If the dangerous building is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated.

§ 92-3 Dangerous buildings as public nuisances.

All dangerous buildings within the terms of § 92-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.

§ 92-4 Demolition of dangerous structures and nuisances.

[Added 11-6-2000 by L.L. No. 3-2000]

The Board of Trustees shall have power to condemn any building for demolition upon due cause. The Board of Trustees shall have power to require provisions of improved or additional exits from stores, tenements or apartment houses, theaters and other places of public assembly if it has reason to believe that existing exits are inadequate or unsafe. When the Board of Trustees shall have reason to believe that any building is unsafe or a nuisance, it shall cause the owner thereof to be notified and shall grant the owner a reasonable time, depending on the urgency of the case, to remedy any unsafe condition or nuisance. It shall be the duty of any owner, within 48 hours after having received notice that his building is unsafe or a nuisance, to begin such work as may be necessary in the interest of permanent safety and to carry on such work diligently. The Board of Trustees shall have power, in case of necessity, to cause the premises to be vacated or the street or sidewalk to be closed or to take any other measures necessary for safety to persons or protection of property, including the building of temporary protective structures. The owner of the premises shall reimburse the municipality for any expenditure involved in these actions. No building which shall have been vacated as the result of proceedings under this section shall thereafter be occupied until a certificate of occupancy shall have been issued as hereinbefore provided. In all such cases, a full report of facts shall be made to the Board of Trustees.

§ 92-5 Procedure for demolition.

[Added 11-6-2000 by L.L. No. 3-2000]

A. Upon the determination by the Board of Trustees that a structure is a dangerous building or a nuisance, a written notice shall be served by mail upon the record owner of the building, as it appears in the tax records of the village, setting forth a date and time for a hearing before the Board of Trustees at the Village Hall. The record owner shall be given at least seven days' notice of the hearing. Upon conclusion of the hearing, the Board of Trustees shall make a determination respecting the status of the structure. If the structure is determined to be dangerous or a nuisance, the owner thereof shall be given the opportunity to remove the same within 30 days, and upon his failure to do so, the village shall apply to the Supreme Court of the State of New York in the County of Nassau for an order of demolition. The costs, expenses and attorney's fees for all aspects of the proceeding, including the hearing and any litigation arising therefrom, shall be borne by the record owner of the property, and may be assessed in the same manner as a tax against the property.

B. Nothing herein contained shall be construed to limit the remedies available to the village, in law or equity, including but not limited to the issuance of summonses for violations of the Code and the cancellation of any issued certificates of occupancy.

C. The Board of Trustees shall thereafter hold a hearing on such date specified to hear such testimony as the participants to the proceeding or any persons having an interest in the building or premises may submit.

D. The Board of Trustees shall thereafter make written findings from the testimony offered and make a determination as to whether or not the building in question is a dangerous building or a nuisance or the premises are improperly maintained within the terms of this chapter.

E. If the Board of Trustees finds that the building is a dangerous building or a nuisance and should be demolished, vacated or repaired, then the Board of Trustees shall issue a written order directing either the owner, occupant, lessee, agent or other persons known to have an interest in the building to repair, vacate or demolish the building found to be dangerous or a nuisance within the provisions of this chapter. Such order may be served personally or by ordinary mail. If the individuals so receiving such order fail to comply with the order within 15 days, then the Board of Trustees may cause such building or structure to be repaired, vacated or demolished as the facts may warrant and shall cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a lien against such premises. Such costs shall be added to the tax amount otherwise imposed upon said property.

F. If the Board of Trustees finds that the premises are improperly maintained, then they shall issue an order directing either the owner, occupant, lessee, agent or other person known to have an interest in the premises to maintain and otherwise bring their premises into compliance with this chapter regarding maintenance of premises, and upon failure to comply with the order within 15 days, then the Board of Trustees may cause such premises to be brought into compliance, and the costs thereof shall be a lien against the premises and added to the tax amount otherwise imposed upon said property. Such order may be served personally or by ordinary mail.

G. In all cases where the Board of Trustees finds that delay is dangerous or unsafe to the Village of Flower Hill or to the residents therein or other buildings or structures adjacent to the building in question, then the Board of Trustees shall have the authority to immediately demolish the building as aforesaid and assess the costs of such demolition against the land.