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]
[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.
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.
[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.
[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.