[HISTORY: Adopted by the Board of Trustees of the Village of Airmont
12-7-1992 by L.L. No. 16-1992. Amendments noted where applicable.]
This chapter shall be known and may be cited hereinafter as the "Unsafe
Buildings Law of the Village of Airmont."
It is the intent of this chapter to provide for a rapid and efficient
means of removal or securing or repair of unsafe structures after examination,
notice and hearing.
The Building Inspector of the Village of Airmont is hereby authorized
to be and shall be the enforcement officer for this chapter. When, in his
opinion, he shall deem any structure unsafe or dangerous to the public, he
shall cause a further examination thereof to be made by a licensed architect
or professional engineer, after approval by the Village Board. Upon concurrence
with the Building Inspector's opinion by such architect or engineer, the Building
Inspector shall promptly give notice, as hereinafter provided, of such condition
to the owner or occupants thereof and order the repair, removal, securing
or demolition of the structure in accordance with this chapter.
A.
The notice referred to in § 87-3 shall contain at least the following information and such other information as the Building Inspector may determine:
(1)
The location of the structure, giving the tax lot and
block and street address, if any.
(2)
A brief statement setting forth the particulars in which
and the reasons why said structure is deemed unsafe or dangerous.
(3)
That, in the event that the order set forth in § 87-4B is not complied with within the time specified, the land upon which the structure is located will be assessed for all costs and expenses incurred by the Village of any nature in order to secure compliance with the order, said costs and expenses to be collected in the same manner and time as town taxes.
The notice and order shall be served by the Building Inspector in any
one of the following manners:
A.
By personal service upon the owner of said land as the
same is shown on the last complete assessment roll of the Town of Ramapo;
or
B.
By mailing to such owner as shown on the assessment roll,
by certified or registered mail, return receipt requested, a copy of said
notice and order and by securing or affixing a copy of the same upon the structure.
A.
Any person affected by the notice and order as set forth in § 87-4 may request, and shall be granted, a hearing before the Zoning Board of Appeals upon payment of the Board's fee, which shall give preference to such application; provided, nevertheless, that any person so affected shall file a verified petition with the Clerk to the Zoning Board of Appeals and the Building Inspector no later than seven days after service of the notice and order.
B.
The Zoning Board of Appeals shall set a time and place
for hearing and give the petitioner seven days' written notice thereof. At
the hearing, the petitioner shall be given an opportunity to be heard and
to give reasons why the Building Inspector's order shall be modified or overruled.
C.
In the event that the order is not rescinded, the owner
of the property shall comply with said order, or as said order may be modified
within five days after the filing of the decision of the Zoning Board of Appeals
with the Clerk to the Zoning Board of Appeals. A copy of said decision shall
be mailed by ordinary mail.
The petition shall contain the following information under oath:
A.
The name and address of the true owner of the property.
B.
The reasons for the request of the hearing.
C.
Supporting documentation from a licensed architect or engineer, setting forth the grounds upon which the notice and order described in § 87-4 should be overruled or modified.
D.
The name and address of the owner or his personal representative
upon whom service of all other papers, including the decision, may be made.
E.
Such other information as may be relevant to the petitioner's
case.
A.
If the Building Inspector determines that there is actual
or immediate danger of failure or collapse of the structure or for any other
reason determines that use or occupancy will endanger life or limb of the
occupants, he shall require the building or structure or portion thereof to
be vacated forthwith, by posting at each entrance of said building or structure
a notice stating "This building is unsafe, and use or occupancy is hereby
prohibited by the Building Inspector."
In the event that said owner or any party in interest fails to demolish, repair, remove or secure the structure as directed in the order and notice of the Building Inspector within the time indicated thereon, or as the same may be modified by the Zoning Board of Appeals, the Village of Airmont may at any time thereafter enter upon the lands and property and cause the building or structure to be repaired, demolished, removed or secured, and all costs and expenses incurred therewith by the Village shall forthwith become a lien upon and against the property or premises so affected and collected as described in § 87-4A(3). No demolition shall take place without the express approval of the Village Board.
Any person violating any section of this chapter, except § 87-8B, shall be punishable by a maximum fine of $250 or a maximum term of imprisonment of 15 days, or both. The remedies contained within this chapter shall not be exclusive, but shall be in addition to any other remedy provided by law, nor shall the invoking of any remedy or procedure contained within this chapter bar the pursuit of any and all other remedies, and the same are intended to be cumulative.
