Village of Haverstraw, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Haverstraw as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 137.
[Adopted 10-23-1963]

§ 205-1 Removal or repair authorized.

The Board of Trustees shall provide for the removal or repair of buildings in business, industrial and residential sections that, from any cause, may now be or shall hereafter become dangerous or unsafe to the public, as follows.

§ 205-2 Definitions.

[Added 8-11-1997 by L.L. No. 4-1997]
As used in this article, the following terms shall have the meanings indicated:
UNSAFE BUILDING OR STRUCTURE
Any building or structure or portion thereof which:
A. 
Has interior walls or other vertical structural members which list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle 1/3 of its base.
B. 
Exclusive of foundation, shows 33% or more of damage to or deterioration of the supporting member or members or 50% of damage to or deterioration of the nonsupporting enclosing or outside walls or covering.
C. 
Has improperly distributed loads upon the floors or roofs or in which the same are overloaded or have insufficient strength to be reasonably safe.
D. 
Has been damaged by fire, wind, lack of maintenance or repair or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Village of Haverstraw.
E. 
Has become or is so dilapidated, decayed, unsafe or unsanitary or which fails to provide the amenities essential to decent or safe use or occupancy such that it is unfit for human use or occupancy or is likely to cause sickness or disease, so as to cause injury to the health, morals, safety or general welfare of those using or occupying the building.
F. 
Has light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
G. 
Has inadequate facilities for egress in case of fire or panic or insufficient stairways, elevators, fire escapes or other means of communication.
H. 
Has parts thereof which are so attached that they may fall and injure members of the public or property.
I. 
Because of its condition, is unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the Village of Haverstraw.
J. 
Is open at the doorways or windows or walls, making it accessible to and an object of attraction to minors under 18 years of age, as well as to vagrants and other trespassers.
K. 
Is a place of rodent infestation.
L. 
Consists of debris, rubble or parts of buildings left on the ground after abandonment or demolition, reconstruction, fire or other casualty.
M. 
Presents any other danger to the public health, safety or general welfare.

§ 205-3 Inspection of premises.

[Amended 8-11-1997 by L.L. No. 4-1997]
The Code Enforcement Officer or Village Engineer shall make an inspection and a report of such unsafe building or collapsed structure.

§ 205-4 Notice served on owner.

[Amended 8-11-1997 by L.L. No. 4-1997]
Said official shall cause a notice to be served on 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 same, either personally or by certified 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 Receiver of Taxes and/or in the office of the County Clerk, containing a description of the premises, a statement of the particulars in which the said building or structure is unsafe or dangerous, and an order requiring the same to be made safe and secure or removed; and to commence the work within 20 days and complete the work within a reasonable period, which time shall not be less than 10 days nor more than 30 days from service of the notice, which time limit may be extended by the Board of Trustees for good cause shown; and if such service be made by certified mail, a copy of such notice shall be posted on the premises.[1]
[1]
Editor's Note: Former Section 4, removal after notification, which immediately followed this section, was deleted 8-11-1997 by L.L. No. 4-1997.

§ 205-5 Survey and report prior to removal.

The Board of Trustees of the Village of Haverstraw, New York shall cause a survey of such unsafe buildings or collapsed structures in the event of the neglect or refusal of the person so served with notice to comply with the same, said survey to be made by an official of the Village of Haverstraw, New York, and a practical builder, engineer or architect to be named by such Board of Trustees and a practical builder, engineer or architect appointed by the person notified as above, and in the event of the refusal or neglect of the person so notified to appoint such surveyor, the two persons named shall make the survey and report.

§ 205-6 Procedure for removal or repair.

The notice so served shall also state that in the event that the building or other structure shall be reported unsafe or dangerous under such survey, an application will be made at a Special Term of the Supreme Court in the judicial district in which the property is located, and not less than five days nor more than 10 days after such report, for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.

§ 205-7 Assessment of expenses; lien.

[Added 8-11-1997 by L.L. No. 4-1997]
A. 
All expenses incurred by the village in connection with the proceedings to repair and secure or demolish and remove the unsafe building, including without limitation the cost of actually repairing and securing or demolishing and removing such building, title search expenses and attorney's fees, shall be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided for the levy and collection of real property taxes.
B. 
The Board of Trustees may commence a special proceeding pursuant to § 78-b of the General Municipal Law to collect the costs of demolition, including reasonable and necessary legal expenses.

§ 205-8 Posting and compensation.

The Board of Trustees of said village shall cause the posting of a signed copy of the report of survey on the building and provide for the compensation of the surveyors.
[Adopted 7-19-1993 by L.L. No. 1-1993]

§ 205-9 Legislative intent.

It is the finding of the Board of Trustees of the Village of Haverstraw that the existence of abandoned and unattended buildings or parts of buildings within the Village of Haverstraw which may or may not be structurally sound, constitute a danger and a threat to the safety, health, comfort and general welfare of this village. It is thus the intent of this article to provide for the protection of property, the preservation of peace and good order, the suppression of vice, the benefit of trade and the preservation and protection of public works as provided by Article 4, § 4-412, of the Village Law.

§ 205-10 Definitions.

The following words and phrases as used in this article shall have the meaning hereinafter ascribed to them. All other words and phrases shall have the meaning normally ascribed to them.
BOARD OF TRUSTEES
The duly elected and constituted Board of Trustees of the village.
BUILDING
House, shed, fence or other man-made structure, or part of any such house, shed, fence or structure.
VILLAGE
The Incorporated Village of Haverstraw.

§ 205-11 Dangerous buildings.

For the purposes of this article, a dangerous building is declared to be:
A. 
Any building which is dangerous to the public health, safety and general welfare because of its condition and which may cause or aid in the spread of disease or injury to the health, safety or general welfare of the occupants of it or of neighboring buildings;
B. 
Any building which, because of lack of proper repair, construction or supervision, constitutes or creates a fire hazard; or
C. 
Any building which because of its condition or because of a lack of proper windows or doors is available to and frequented by malefactors or disorderly persons.

§ 205-12 Prohibition.

Any owner, occupant or person in custody of real property located within the village who allows or permits a building to continue as a dangerous building after due notice as provided in § 205-13 below shall be guilty of a violation of this article and shall be punished as provided in § 205-15 below.

§ 205-13 Determination; notice.

[Amended 8-11-1997 by L.L. No. 4-1997]
Whenever the Board of Trustees shall have reasonable cause to believe that any building in the village is a dangerous building, a statement setting forth such facts shall be filed by the Mayor with the Village Clerk. The Clerk shall thereupon cause written notice to be served upon the owner or occupant thereof, if any, by registered mail or by personal service. Such notice shall state that the building has been declared a dangerous building and that necessary repairs or improvements must be begun within 15 days after service of such notice, or such person or persons will be charged with a violation of this article. Such notice shall be in substantially the following form:
TO: _____________________________________
FROM: VILLAGE OF HAVERSTRAW BOARD OF TRUSTEES
You are hereby notified that the Board of Trustees of the Village of Haverstraw has determined that the building owned by you and located at _________________ has been declared a dangerous building as provided for and defined in Local Law Number ________ of 19_____ in that (herein insert particulars) after inspection by _____________________________. In accordance with the provisions of such local law, you are hereby directed to begin all necessary repairs or improvements within 15 days after service of this notice. Failure to so comply will result in a violation of Local Law Number ______ of _____________________ which provides for a penalty, upon conviction of a fine not to exceed $250, imprisonment for not more than 15 days, or both, for each week of such violation.

§ 205-14 Trespass prohibited.

[Amended 8-11-1997 by L.L. No. 4-1997]
In addition to serving a notice on the owner or occupant as provided in § 205-13 above, the Board of Trustees may, if it determines that the purposes of this article will be further effectuated, order that no person other than the owner or his agent shall enter upon the property, and shall post on such property signs indicating no trespassing. When such a determination is made, notice of such fact shall be included in the notice to the owner or occupant referred to in § 205-13 above. Anyone found trespassing in violation of this section shall be liable for a fine not to exceed $100 for each offense. Any village official in the performance of his or her duties may enter the premises for purposes of inspection.

§ 205-15 Penalties for offenses.

[Amended 8-11-1997 by L.L. No. 4-1997]
Except as provided in § 205-14 above, any person found guilty of violating this article shall be liable for a fine not to exceed $250 for each violation. In addition, a jail term of up to 15 days may be also imposed in addition to a fine. Each week such violation shall continue shall constitute a separate violation.