[HISTORY: Adopted by the Board of Trustees of the Village of Kings
Point 11-20-1963 by Ord. No. 30. Amendments
noted where applicable.]
The Building Inspector shall inspect and report to the Board of Trustees
on the condition of any building or structure or part thereof which, in his
opinion, is or threatens to be a public nuisance, a fire menace or dangerous
to the health, morals, safety or general welfare of the people of the Village.
Any vacant building unguarded or open at door or window shall be deemed dangerous
or unsafe.
If the Building Inspector, after an inspection, finds any building or
part thereof to be in an unsafe or dangerous condition, he shall cause a notice
to be served on the owner or some one of the owner's executors, legal representatives,
agents or other person having a vested or contingent interest in said building,
either personally 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, lessees or other person having a vested or contingent interest in
said building 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 building or structure is unsafe or dangerous
and directing that the same be made safe and secure or removed. Said notice
shall state a time within which the person served with such notice shall commence
and shall complete the securing or removal of said building or structure.
If service of such notice is made by registered mail, a copy of such notice
shall be posted on the premises.
In the event of neglect or refusal of the person served with the aforesaid notice to comply with the same, the Board of Trustees shall direct a survey of the premises to be made by the Superintendent of Public Works of the Village and a practical builder, engineer or architect to be named by the Board of Trustees and a practical builder, engineer or architect appointed by the owner or other person notified as above, and, in the event of refusal or neglect of the person so notified to appoint such surveyor, the two surveyors named shall make the survey and report to the Board of Trustees. The notice of the taking of the survey shall be served or mailed in the manner provided for the service or mailing of the notice provided for in § 63-2 hereof. Said notice shall state that in the event that the building or structure shall be reported unsafe or dangerous under such survey, an application will be made at Special Term of the Supreme Court in the judicial district in which the property is located, not less than five nor more than 10 days thereafter, for an order determining the building or structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed.
The Board of Trustees may provide for reasonable compensation for the
surveyors making the report of survey.
A signed copy of the report of said survey shall be posted conspicuously
upon said premises.
In the event that said dangerous or unsafe building is not repaired or secured or taken down or removed within the time and in the manner prescribed in the order of the court entered pursuant to the application provided for in § 63-3 hereof, then said building or structure may be secured or taken down and removed by the Village and all costs and expenses incurred by the Village in connection with the proceedings to remove or secure, including the cost of securing or removing said building or structure, may be assessed against the land on which said building or structure is located.
[Amended 5-19-2003 by L.L. No. 8-2003]
In addition, the owner or occupant of any such dangerous or unsafe building
or any other person who shall fail to comply with the order of the court to
vacate, repair, demolish or remove said building shall be guilty of a violation
of this chapter and, upon conviction thereof, shall be fined not exceeding
$1,000 for each offense and a further sum of $1,000 for each and every day
such failure to comply continues beyond the date fixed for compliance with
said order.
